Wash. Rev. Code » Title 90 · Chapter 90.03
Revised Code of Washington

Wash. Rev. Code § 90.03.005 (2026)

✓ current as of May 2026
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It is the policy of the state to promote the use of the public waters in a fashion which provides for obtaining maximum net benefits arising from both diversionary uses of the state's public waters and the retention of waters within streams and lakes in sufficient quantity and quality to protect instream and natural values and rights. Consistent with this policy, the state supports economically feasible and environmentally sound development of physical facilities through the concerted efforts of the state with the United States, public corporations, Indian tribes, or other public or private entities. Further, based on the tenet of water law which precludes wasteful practices in the exercise of rights to the use of waters, the department of ecology shall reduce these practices to the maximum extent practicable, taking into account sound principles of water management, the benefits and costs of improved water use efficiency, and the most effective use of public and private funds, and, when appropriate, to work to that end in concert with the agencies of the United States and other public and private entities.
[ 1989 c 348 s 2; 1979 ex.s. c 216 s 8.]

Notes:

Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.
Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245.
Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1985–2025 · leading case: Swinomish Indian Tribal Cmty. v. Dep't of Ecology, 311 P.3d 6 (Wash. 2013).
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Swinomish Indian Tribal Cmty. v. Dep't of Ecology, 311 P.3d 6 (Wash. 2013). · cites it 4× “010(l)(a); RCW 90.03.005 (describing policy of water use yielding maximum net benefits from both diversionary use of waters and retention of water instream to protect natural values and rights); RCW 90.”
Pub. Util. DIST. v. State, Dept. of Ecology, 51 P.3d 744 (Wash. 2002). · cites it 2× “Ecology points to RCW 90.03.005 (policy of the state to promote the use of the public waters to obtain maximum net benefits), and RCW 90.”
Pub. Util. Dist. No. 1 v. Dep't of Ecology, 146 Wash. 2d 778 (Wash. 2002). · cites it 2× “Ecology points to RCW 90.03.005 (policy of the state to promote the use of the public waters to obtain maximum net benefits), and RCW 90.”
Dep't of Ecology v. United States Bureau of Reclamation, 827 P.2d 275 (Wash. 1992). · cites it 3× “The Department notes RCW 90.03.005 establishes a public policy of maximizing the beneficial use of public water.”
Postema v. Pollution Control Hearings Bd., 11 P.3d 726 (Wash. 2000). “010(1)(a); RCW 90.03.005 (describing policy of water use yielding maximum net benefits from both diversionary use of waters and retention of water instream to protect natural values and rights); RCW 90.”
Postema v. Pollution Control Hearings Bd., 142 Wash. 2d 68 (Wash. 2000). “010(l)(a); RCW 90.03.005 (describing policy of water use yielding maximum net benefits from both diversionary use of waters and retention of water instream to protect natural values and rights); RCW *83 90.”
Dep't of Ecology v. Grimes, 852 P.2d 1044 (Wash. 1993). · cites it 2× “348, § 2 (RCW 90.03.005); see also Laws of 1979, 1st Ex.”
State, Dept. of Ecology v. Theodoratus, 957 P.2d 1241 (Wash. 1998). “However, such concern ignores our relinquishment statute which allows relinquishment for non-use. RCW 90.14. In sum, the majority ignores our statute in favor of a line of inapplicable water adjudication cases.”
Dep't of Ecology v. Theodoratus, 135 Wash. 2d 582 (Wash. 1998). “However, such concern ignores our relinquishment statute which allows relinquishment for nonuse.”
R.D. Merrill Co. v. Pollution Control Hearings Bd., 969 P.2d 458 (Wash. 1999). “For example, RCW 90.03.005 states that [i]t is the policy of this state to promote the use of public waters in a fashion which provides for obtaining maximum net benefits arising from both diversionary uses of the state’s public waters and the retention of waters within streams…”
Dep't of Ecology v. Abbott, 694 P.2d 1071 (Wash. 1985). “RCW 90.03.005. I In the early 1900's, John Fuher began operating a sawmill on the banks of Deadman Creek on property now owned by Riddle, the respondent in this appeal.”
Hubbard v. Dep't of Ecology, 936 P.2d 27 (Wash. Ct. App. 1997). “005: "It is the policy of the state to promote the use of the public waters in a fashion which provides for obtaining maximum net benefits arising from both diversionary uses of the state’s public waters and the retention of waters within streams and lakes in sufficient quantity…”
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