RCW 90.14.140
"Sufficient cause" for nonuse defined -- Rights
exempted. (Effective until June 30, 2019.)
(1) For the purposes
of RCW 90.14.130 through 90.14.180, "sufficient cause" shall be
defined as the nonuse of all or a portion of the water by the
owner of a water right for a period of five or more consecutive
years where such nonuse occurs as a result of:
(a) Drought, or other unavailability of water;
(b) Active service in the armed forces of the United States
during military crisis;
(c) Nonvoluntary service in the armed forces of the United
States;
(d) The operation of legal proceedings;
(e) Federal or state agency leases of or options to purchase
lands or water rights which preclude or reduce the use of the
right by the owner of the water right;
(f) Federal laws imposing land or water use restrictions
either directly or through the voluntary enrollment of a
landowner in a federal program implementing those laws, or
acreage limitations, or production quotas;
(g) Temporarily reduced water need for irrigation use where
such reduction is due to varying weather conditions, including
but not limited to precipitation and temperature, that warranted
the reduction in water use, so long as the water user's diversion
and delivery facilities are maintained in good operating
condition consistent with beneficial use of the full amount of
the water right;
(h) Temporarily reduced diversions or withdrawals of
irrigation water directly resulting from the provisions of a
contract or similar agreement in which a supplier of electricity
buys back electricity from the water right holder and the
electricity is needed for the diversion or withdrawal or for the
use of the water diverted or withdrawn for irrigation purposes;
(i) Water conservation measures implemented under the Yakima
river basin water enhancement project, so long as the conserved
water is reallocated in accordance with the provisions of P.L.
103-434;
(j) Reliance by an irrigation water user on the transitory
presence of return flows in lieu of diversion or withdrawal of
water from the primary source of supply, if such return flows are
measured or reliably estimated using a scientific methodology
generally accepted as reliable within the scientific community;
or
(k) The reduced use of irrigation water resulting from crop
rotation. For purposes of this subsection, crop rotation means
the temporary change in the type of crops grown resulting from
the exercise of generally recognized sound farming practices.
Unused water resulting from crop rotation will not be
relinquished if the remaining portion of the water continues to
be beneficially used.
(2) Notwithstanding any other provisions of RCW 90.14.130
through 90.14.180, there shall be no relinquishment of any water
right:
(a) If such right is claimed for power development purposes
under chapter 90.16 RCW and annual license fees are paid in
accordance with chapter 90.16 RCW;
(b) If such right is used for a standby or reserve water
supply to be used in time of drought or other low flow period so
long as withdrawal or diversion facilities are maintained in good
operating condition for the use of such reserve or standby water
supply;
(c) If such right is claimed for a determined future
development to take place either within fifteen years of July 1,
1967, or the most recent beneficial use of the water right,
whichever date is later;
(d) If such right is claimed for municipal water supply
purposes under chapter 90.03 RCW;
(e) If such waters are not subject to appropriation under
the applicable provisions of RCW 90.40.030;
(f) If such right or portion of the right is leased to
another person for use on land other than the land to which the
right is appurtenant as long as the lessee makes beneficial use
of the right in accordance with this chapter and a transfer or
change of the right has been approved by the department in
accordance with RCW 90.03.380, 90.03.383, 90.03.390, or 90.44.100;
(g) If such a right or portion of the right is authorized
for a purpose that is satisfied by the use of agricultural
industrial process water as authorized under RCW 90.46.150;
(h) If such right is a trust water right under chapter 90.38 or 90.42 RCW;
(i) If such a right is involved in an approved local water
plan created under RCW 90.92.090, provided the right is subject
to an agreement not to divert under RCW 90.92.050, or provided
the right is banked under RCW 90.92.070.
(3) In adding provisions to this section by chapter 237,
Laws of 2001, the legislature does not intend to imply
legislative approval or disapproval of any existing
administrative policy regarding, or any existing administrative
or judicial interpretation of, the provisions of this section not
expressly added or revised.
[2009 c 183 § 14. Prior: 2001 c 240 § 1; 2001 c 237 § 27; 2001 c 69 § 5; 1998 c 258 § 1; 1987 c 125 § 1; 1967 c 233 § 14.]
NOTES:
Expiration date -- 2009 c 183: See note following RCW 90.92.010.
Effective date -- 2001 c 240: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 11, 2001]." [2001 c 240 § 2.]
Finding -- Intent -- Severability -- Effective date -- 2001 c 237: See notes following RCW 90.82.040.
Intent -- 2001 c 237: See note following RCW 90.66.065.
Effective date -- 1967 c 233: See RCW 90.14.900.
Application to Yakima river basin trust water rights: RCW 90.38.040.
RCW 90.14.140
"Sufficient cause" for nonuse defined -- Rights
exempted. (Effective June 30, 2019.)
(1) For the purposes of
RCW 90.14.130 through 90.14.180, "sufficient cause" shall be
defined as the nonuse of all or a portion of the water by the
owner of a water right for a period of five or more consecutive
years where such nonuse occurs as a result of:
(a) Drought, or other unavailability of water;
(b) Active service in the armed forces of the United States
during military crisis;
(c) Nonvoluntary service in the armed forces of the United
States;
(d) The operation of legal proceedings;
(e) Federal or state agency leases of or options to purchase
lands or water rights which preclude or reduce the use of the
right by the owner of the water right;
(f) Federal laws imposing land or water use restrictions
either directly or through the voluntary enrollment of a
landowner in a federal program implementing those laws, or
acreage limitations, or production quotas;
(g) Temporarily reduced water need for irrigation use where
such reduction is due to varying weather conditions, including
but not limited to precipitation and temperature, that warranted
the reduction in water use, so long as the water user's diversion
and delivery facilities are maintained in good operating
condition consistent with beneficial use of the full amount of
the water right;
(h) Temporarily reduced diversions or withdrawals of
irrigation water directly resulting from the provisions of a
contract or similar agreement in which a supplier of electricity
buys back electricity from the water right holder and the
electricity is needed for the diversion or withdrawal or for the
use of the water diverted or withdrawn for irrigation purposes;
(i) Water conservation measures implemented under the Yakima
river basin water enhancement project, so long as the conserved
water is reallocated in accordance with the provisions of P.L.
103-434;
(j) Reliance by an irrigation water user on the transitory
presence of return flows in lieu of diversion or withdrawal of
water from the primary source of supply, if such return flows are
measured or reliably estimated using a scientific methodology
generally accepted as reliable within the scientific community;
or
(k) The reduced use of irrigation water resulting from crop
rotation. For purposes of this subsection, crop rotation means
the temporary change in the type of crops grown resulting from
the exercise of generally recognized sound farming practices. Unused water resulting from crop rotation will not be
relinquished if the remaining portion of the water continues to
be beneficially used.
(2) Notwithstanding any other provisions of RCW 90.14.130
through 90.14.180, there shall be no relinquishment of any water
right:
(a) If such right is claimed for power development purposes
under chapter 90.16 RCW and annual license fees are paid in
accordance with chapter 90.16 RCW;
(b) If such right is used for a standby or reserve water
supply to be used in time of drought or other low flow period so
long as withdrawal or diversion facilities are maintained in good
operating condition for the use of such reserve or standby water
supply;
(c) If such right is claimed for a determined future
development to take place either within fifteen years of July 1,
1967, or the most recent beneficial use of the water right,
whichever date is later;
(d) If such right is claimed for municipal water supply
purposes under chapter 90.03 RCW;
(e) If such waters are not subject to appropriation under
the applicable provisions of RCW 90.40.030;
(f) If such right or portion of the right is leased to
another person for use on land other than the land to which the
right is appurtenant as long as the lessee makes beneficial use
of the right in accordance with this chapter and a transfer or
change of the right has been approved by the department in
accordance with RCW 90.03.380, 90.03.383, 90.03.390, or 90.44.100;
(g) If such a right or portion of the right is authorized
for a purpose that is satisfied by the use of agricultural
industrial process water as authorized under RCW 90.46.150; or
(h) If such right is a trust water right under chapter 90.38 or 90.42 RCW.
(3) In adding provisions to this section by chapter 237,
Laws of 2001, the legislature does not intend to imply
legislative approval or disapproval of any existing
administrative policy regarding, or any existing administrative
or judicial interpretation of, the provisions of this section not
expressly added or revised.
[2001 c 240 § 1; 2001 c 237 § 27; 2001 c 69 § 5; 1998 c 258 § 1; 1987 c 125 § 1; 1967 c 233 § 14.]
NOTES:
Reviser's note: This section was amended by 2001 c 69 § 5, 2001 c 237 § 27, and by 2001 c 240 § 1, each without reference to the other. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date -- 2001 c 240: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 11, 2001]." [2001 c 240 § 2.]
Finding -- Intent -- Severability -- Effective date -- 2001 c 237: See notes following RCW 90.82.040.
Intent -- 2001 c 237: See note following RCW 90.66.065.
Effective date -- 1967 c 233: See RCW 90.14.900.
Application to Yakima river basin trust water rights: RCW 90.38.040.