(1) On or before the date specified in the
summons, each defendant shall file with the clerk of the superior
court an adjudication claim on a form and in a manner provided by
the department, and mail or electronically mail a copy to the
department. The department shall provide information that will
assist claimants of small uses of water in completing their
adjudication claims. The adjudication claim must contain
substantially the following, except that when the legal basis for
the claimed right is a federally reserved right, the information
must be filed only as applicable:
(a) The name, mailing address, and telephone contact number
of each defendant on the claim, and e-mail address, if available;
(b) The purpose or purposes of use of the water and the
annual and instantaneous quantities of water put to beneficial
use;
(c) For each use, the date the first steps were taken under
the law to put the water to beneficial use;
(d) The date of beginning and completion of the construction
of wells, ditches, or other works to put the water to use;
(e) The maximum amount of land ever under irrigation and the
maximum annual and instantaneous quantities of water ever used
thereon prior to the date of the statement and if for power, or
other purposes, the maximum annual and instantaneous quantities
of water ever used prior to the date of the adjudication claim;
(f) The dates between which water is used annually;
(g) If located outside the boundaries of a city, town, or
special purpose district that provides water to property within
its service area, the legal description and county tax parcel
number of the land upon which the water as presently claimed has
been, or may be, put to beneficial use;
(h) The legal description and county tax parcel number of
the subdivision of land on which the point of diversion or
withdrawal is located as well as land survey and geographic
positioning coordinates of the same if available;
(i) Whether a right to surface or groundwater, or both, is
claimed and the source of the surface water and the location and
depth of all wells;
(j) The legal basis for the claimed right;
(k) Whether a statement of claim relating to the water right
was filed under chapter 90.14 RCW or whether a declaration
relating to the water right was filed under chapter 90.44 RCW
and, if so, the claim or declaration number, and whether the
right is documented by a permit or certificate and, if so, the
permit number or certificate number. When the source is a well,
the well log number must be provided, when available;
(l) The amount of land and the annual and instantaneous
quantities of water used thereon, or used for power or other
purposes, that the defendant claims as a present right.
(2) The adjudication claim shall be verified on oath by the
defendant. The department shall furnish the form for the
adjudication claim. A claimant may file an adjudication claim
electronically if authorized under state and local court rules.
The department may assist claimants in their effort by making the
department's pertinent records and information accessible
electronically or by other means and through conferring with
claimants.
[2009 c 332 § 7; 1987 c 109 § 75; 1929 c 122 § 2; 1917 c 117 § 17; RRS § 7367. Formerly RCW 90.12.040.]
NOTES:
Application -- 2009 c 332: See note following RCW 90.03.110.
Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001.