Revised Code of Washington

Wash. Rev. Code § 43.27A.190 (2026)

Water resource orders

✓ current as of May 2026

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Notwithstanding and in addition to any other powers granted to the department of ecology, whenever it appears to the department that a person is violating or is about to violate any of the provisions of the following:

(1) Chapter 90.03 RCW; or

(2) Chapter 90.44 RCW; or

(3) Chapter 86.16 RCW; or

(4) Chapter 70A.10 RCW; or

(5) Chapter 43.27A RCW; or

(6) Any other law relating to water resources administered by the department; or

(7) A rule or regulation adopted, or a directive or order issued by the department relating to subsections (1) through (6) of this section; the department may cause a written regulatory order to be served upon said person either personally, or by registered or certified mail delivered to addressee only with return receipt requested and acknowledged by him or her. The order shall specify the provision of the statute, rule, regulation, directive or order alleged to be or about to be violated, and the facts upon which the conclusion of violating or potential violation is based, and shall order the act constituting the violation or the potential violation to cease and desist or, in appropriate cases, shall order necessary corrective action to be taken with regard to such acts within a specific and reasonable time. The regulation of a headgate or controlling works as provided in RCW 90.03.070, by a watermaster, stream patrol officer, or other person so authorized by the department shall constitute a regulatory order within the meaning of this section. A regulatory order issued hereunder shall become effective immediately upon receipt by the person to whom the order is directed, except for regulations under RCW 90.03.070 which shall become effective when a written notice is attached as provided therein. Any person aggrieved by such order may appeal the order pursuant to RCW 43.21B.310.

[ 2020 c 20 s 1043; 2009 c 549 s 5111; 1987 c 109 s 11; 1969 ex.s. c 284 s 7.]

Notes:

Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.

Severability—1969 ex.s. c 284: See note following RCW 90.48.290.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1979–2025 · leading case: Rettkowski v. Dep't of Ecology, 910 P.2d 462 (Wash. 1996).

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Rettkowski v. Dep't of Ecology, 910 P.2d 462 (Wash. 1996). · cites it 10× “44, and RCW 43.27A.190. The Department also referred to *512 RCW 90.”

Rettkowski v. Dep't of Ecology, 858 P.2d 232 (Wash. 1993). · cites it 4× “RCW 43.27A.190. [2-5] However, these broad enabling statutes are silent as to how Ecology is to determine water rights in a regulatory context.”

Peterson v. Dep't of Ecology, 596 P.2d 285 (Wash. 1979). · cites it 2× “In 1977, the department issued a cease and desist order, as authorized by RCW 43.27A.190, which prohibited Peterson from making any further withdrawals from the well in excess of the amounts exempt under RCW 90.”

Ron Fode v. Dep't of Ecology (Wash. Ct. App. 2025). “] (c) If education and technical assistance do not achieve compliance the department shall issue a notice of violation, a formal administrative order under RCW 43.27A.190, or assess penalties under RCW 90.”

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