Click here to skip to main content.
scenic picture from Washington state
RESEARCH TOOLS › MRSC Index › Water - Water rights, water permits

MRSC Index A topical index to MRSC's information resources.

Water: UW 7.3000 - Water rights, water permits

Expand Section Electronic Documents (3 Results)

Expand Section Paper Documents (4 Results)

  1. "Water wars: whose water is it and why do I need a permit to use it?" by Jamie Knotts. On Tap, Fall 2006, p.24-31
    Request this document | Document Date: 9/06

  2. "Water rights transfers," by Joe Mentor, Jr., Jamie Morin. Washington Association of Prosecuting Attorneys, Summer Training Program, Civil Track, June 18-20, 2003
    Request this document | Document Date:

  3. "The law of instream flows," by Joe Mentor, Jr., Bill Clarke. Washington Association of Prosecuting Attorneys, Summer Training Program, Civil Track, June 18-20, 2003. (UW 7.3000)
    Request this document | Document Date:

  4. "Exempt wells," by Bill Clarke. Washington Association of Prosecuting Attorneys, Summer Training Program, Civil Track, June 18-20, 2003
    Request this document | Document Date:

Expand Section MRSC Library Catalog Documents

Expand Section Featured Inquiries (2 Results)

  1. Does a rezone affect an existing water right?

    The short answer is no, not directly, but this depends on the situation. A water right is only for the use specified on the water right certificate, and, to retain the water right, it must be "perfected "or used. After five consecutive years of non-use, a water right is considered abandoned. Assuming that the property owners are using the water for the specified use on the certificate and plan to continue to do so, a rezone will not affect the water right. However, at such time that the owner plans to change the use of the property, a new water right certificate will be needed. A water right certificate is attached to the property and runs with the land unless withheld in a contract of sale. In some cases, a person may believe that he or she has a water right certificate but may have a domestic exemption instead.

    We recommend contacting the Department of Ecology's regional office if there is any question about whether a valid water right is in effect. Water rights contacts at the Department of Ecology are listed on the department's Water Rights Home page (scroll to bottom of page). This Web page is the best source for general information about water rights in Washington State.



  2. Can a municipal water right under a water right certificate be extinguished?
    Yes. Although the statutory provision for relinquishment of water rights does not apply to water rights relating to a municipal water supply (RCW 90.14.140(2)(d)), the common law doctrine of abandonment, under which a water right can be extinguished, does apply. Okanogan Wilderness League v. Town of Twisp, 133 Wn.2d 769, 781 (1997).

Expand Section Subject Pages (22 Results)

  1. General Water Law
    This page is a revised portion of a brief in Theodoratus v. Ecology Thurston County Superior Court No. 95-2-01452-3
  2. Overview of Water Rights in Washington
    This page provides general discussions of water rights
  3. Water Law Basics
    This page provides articles that summarize the complex area of the law of water rights
  4. Water Rights and Comprehensive Planning and Private Land Development Review
    This page provides articles about water rights and comprehensive planning and private land development review
  5. Water Rights for Municipal Lawyers: The Basics, Ruthlessly Simplified
    This paper provides a basic summary of water law
  6. Water Rights Responsibilities for Counties in the Wake of 1997 AGO No. 6
    Water Rights Responsibilities for Counties in the Wake of 1997 AGO No. 6 by Jeffrey S. Myers, Deputy Prosecuting Attorney Thurston County
  7. What is the Good News and Bad News About Your City's Water Rights? 25 Questions to Start the Search
    What is the Good News and Bad News About Your City's Water Rights? 25 Questions to Start the Search Prepared by Robert E. Mack for the Association of Washington Cities Annual Conference 2001 Panel on Small City Water Woes: Looking Ahead
  8. WSR 98-06-042 Permanent Rules
    This page is WSR 98-06-042 Permanent Rules Department of Ecology
  9. Water Rights
    The purpose of this page is to provide local government decision-makers with information about water rights in Washington state.
  10. Turning Off the Tap
    Reprint of article about water politics in Washington State by Rachael Paschal, Executive Director of the Center for Environmental Law and Policy, that appeared in the Seattle-Post Intelligencer, March 3, 1996
  11. Water Rights Decisions by Washington Supreme Court
    Water rights decisions by Washington Supreme Court
  12. State of Washington Department of Ecology v. George Theodoratus
    Opinion Information Sheet - The Supreme Court was asked to determine whether a water-right certificate may be issued based upon the capacity of a public water system a policy known as "pumps and pipes" - or on the actual amount of water used.
  13. High and Dry in Washington - The Battle for Water Rights
    Gives a brief history of the water rights issue, explains why and how the issue is affecting Washington cities and towns, and describes what steps communities can take to plan for and improve their chances of obtaining future water supply needs.
  14. Administrative Regulations - Water Resources and Water Rights
    This page provides WAC's about ground water regulations, water rights regulations, well regulations, quality regulations, water resources management program regulations and water supply regulations
  15. AWC Resolution #3. Water Rights and Water Basin Planning
    AWC Resolution #3 Association of Washington Cities Statement of Policy of Water Rights and Water Basin Planning
  16. Municipal Water Rights (Public Water Suppliers)
    This page provides articles about municipal water rights issues and water rights from the perspective of a municipal supplier
  17. Questions & Answers Water Rights in Washington
    Washington State Department of Ecology water rights questions & answers about water rights in Washington
  18. Selected Court Decisions Regarding Water Rights
    This page provides selected court decisions regarding water rights
  19. Selected Attorney General Opinions Regarding Water Rights
    This page provides selected attorney general opinions regarding water rights
  20. Statutes - Water Resources and Water Rights
    This page provides statutes for building code requirements for adequate water supply, growth management act and state subdivision law
  21. Supreme Court of the State of Washington Opinion Information Sheet
    This page is an opinion information sheet about Department of Ecology v. Theodoratus.The primary issue in this case is whether a final certificate of water right, i.e., a vested water right, may be issued based upon the capacity of a developer's water delivery system, or whether a vested water right may be obtained only in the amount of water actually put to beneficial use.
  22. Interest Statement of Counties and Cities Municipal Water, Instream Flows Workgroup
    Municipal water rights issues and water rights from the perspective of a municipal supplier from Court House Journal July 24, 1998