Wash. Rev. Code » Title 77 · Chapter 77.57
Revised Code of Washington

Wash. Rev. Code § 77.57.020 (2026)

✓ current as of May 2026
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It is the policy of this state that a flow of water sufficient to support game fish and food fish populations be maintained at all times in the streams of this state.
The director of ecology shall give the director notice of each application for a permit to divert or store water. The director has thirty days after receiving the notice to state his or her objections to the application. The permit shall not be issued until the thirty-day period has elapsed.
The director of ecology may refuse to issue a permit if, in the opinion of the director of ecology, issuing the permit might result in lowering the flow of water in a stream below the flow necessary to adequately support food fish and game fish populations in the stream.
The provisions of this section shall in no way affect existing water rights.
[ 2005 c 146 s 902; 1993 sp.s. c 2 s 29; 1988 c 36 s 32; 1986 c 173 s 7; 1983 1st ex.s. c 46 s 71; 1955 c 12 s 75.20.050. Prior: 1949 c 112 s 46; Rem. Supp. 1949 s 5780-320. Formerly RCW 77.55.050, 75.20.050.]

Notes:

Part headings not law—2005 c 146: See note following RCW 77.55.011.
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Notes of Decisions
Cited in 6 cases, 2013–2020 · leading case: Whatcom Cnty. v. W. Washington Growth Mgmt. Hearings Bd., 381 P.3d 1 (Wash. 2016).
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Whatcom Cnty. v. W. Washington Growth Mgmt. Hearings Bd., 381 P.3d 1 (Wash. 2016). “050 (codified as amended at RCW 77.57.020)). ¶31 The legislature continued to enact measures to protect the flows necessary for fish, wildlife, and water quality with the minimum water flows and levels act of 1969, chapter 90.”
Swinomish Indian Tribal Cmty. v. Dep't of Ecology, 311 P.3d 6 (Wash. 2013). “050 (codified as amended at RCW 77.57.020). ¶44 In 1969, the legislature enacted the Minimum Water Flows and Levels Act, chapter 90.”
Whatcom Cnty. v. W. Wash. Growth Mgmt. Hr'gs Bd. (Wash. 2016). “050 (codified as amended at RCW 77.57.020)). The legislature continued to enact measures to protect the flows necessary for fish, wildlife, and water quality with the minimum water flows and levels act of 1969, chapter 90.”
Ctr. for Envtl. Law & Policy v. Dep't of Ecology (Wash. 2020). “versionary uses and the retention of waters within streams in sufficient quantity and quality to protect instream and natural values and rights, and providing further that “based on the tenet of water law which precludes wasteful practices in the exercise of rights to the use of…”
Whatcom Cnty. v. W. Wash. Growth Mgmt. Hr'gs Bd. (Wash. 2016). “050 (codified as amended at RCW 77.57.020)). The legislature continued to enact measures to protect the flows necessary for fish, wildlife, and water quality with the minimum water flows and levels act of 1969, chapter 90.”
Swinomish Indian Tribal Comm'y v. Dep't of Ecology (Wash. 2013). “050 (codified as amended at RCW 77.57.020). right obtained under the permit is subject to the minimum flows or levels.”
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