Wash. Rev. Code » Title 90 · Chapter 90.03

Wash. Rev. Code § 90.03.015

Definitions

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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Director" means the director of ecology.
(3) "Municipal water supplier" means an entity that supplies water for municipal water supply purposes.
(4) "Municipal water supply purposes" means a beneficial use of water: (a) For residential purposes through fifteen or more residential service connections or for providing residential use of water for a nonresidential population that is, on average, at least twenty-five people for at least sixty days a year; (b) for governmental or governmental proprietary purposes by a city, town, public utility district, county, sewer district, or water district; or (c) indirectly for the purposes in (a) or (b) of this subsection through the delivery of treated or raw water to a public water system for such use. If water is beneficially used under a water right for the purposes listed in (a), (b), or (c) of this subsection, any other beneficial use of water under the right generally associated with the use of water within a municipality is also for "municipal water supply purposes," including, but not limited to, beneficial use for commercial, industrial, irrigation of parks and open spaces, institutional, landscaping, fire flow, water system maintenance and repair, or related purposes. If a governmental entity holds a water right that is for the purposes listed in (a), (b), or (c) of this subsection, its use of water or its delivery of water for any other beneficial use generally associated with the use of water within a municipality is also for "municipal water supply purposes," including, but not limited to, beneficial use for commercial, industrial, irrigation of parks and open spaces, institutional, landscaping, fire flow, water system maintenance and repair, or related purposes.
(5) "Person" means any firm, association, water users' association, corporation, irrigation district, or municipal corporation, as well as an individual.
[ 2003 1st sp.s. c 5 s 1; 1987 c 109 s 65.]

Notes:

Severability—2003 1st sp.s. c 5: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2003 1st sp.s. c 5 s 19.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Notes of Decisions
Cited in 10 cases, 2008–2019 · leading case: Lummi Indian Nation v. State
Sort: Relevance Newest Treatment
Lummi Indian Nation v. State (2010) wash · cites it 15× “The bill also declared that “water right certificate [s] issued prior to September 9, 2003 for municipal water supply purposes as defined in RCW 90.03.015” based on system capacity were rights in good standing.”
Cornelius v. Department of Ecology (2015) wash · cites it 12× “The statute states in relevant part: *592 When requested, by a municipal water supplier or when processing a change or amendment to the right, the department shall amend the water right documents and related records to ensure that water rights that are for municipal water supply…”
Crown West Realty, LLC v. Pollution Control Hearings Bd. (2019) washctapp · cites it 43× “the residential connection or nonresident population thresholds under RCW 90.03.015). .... c. A water right authorized for one or more of the categories of beneficial use included in the definition of municipal water supply purposes that has been integrated or consolidated…”
Lummi Indian Nation v. State (2010) wash · cites it 16× “The bill also declared that "water right certificate[s] issued prior to [September 9, 2003] for municipal water supply purposes as defined in RCW 90.03.015" based on system capacity were rights in good standing.”
Port Of Tacoma v. Save Tacoma Water (2018) washctapp “260 states, in pertinent part: A municipal water supplier, as defined in RCW 90.03.015, has a duty to provide retail water service within its retail service area if: (1) Its service can be available in a timely and reasonable manner; (2) the municipal water supplier has…”
City of Union Gap v. Department of Ecology (2008) washctapp “RCW 90.03.015(4). ¶31 Ahtanum contends that it demonstrated that it claimed its rights for municipal water supply purposes in 1999 by decommissioning its wells, giving Union Gap control over the rights, and developing its land without using the water rights.”
City of Union Gap v. STATE DEPT. OF ECOLOGY (2008) washctapp “RCW 90.03.015(4). ¶ 31 Ahtanum contends that it demonstrated that it claimed its rights for municipal water supply purposes in 1999 by decommissioning its wells, giving Union Gap control over the rights, and developing its land without using the water rights.”
Cornelius v. Dep't of Ecology (2015) wash · cites it 11× “The statute states in relevant part: When requested by a municipal water supplier or when processing a change or amendment to the right, the department shall amend the water right documents and related records to ensure that water rights that are for municipal water supply…”
Cornelius v. Dep't of Ecology (2015) wash · cites it 11× “The statute states in relevant part: When requested by a municipal water supplier or when processing a change or amendment to the right, the department shall amend the water right documents and related records to ensure that water rights that are for municipal water supply…”
Governors Point Development Co., App./cr-res. v. City Of Bellingham, Res./cr-app. (2013) washctapp “The statute provides: A municipal water supplier, as defined in RCW 90.03.015, has a duty to provide retail water service within its retail service area if: (1) Its service can be available in a timely and reasonable manner; (2) the municipal water supplier has sufficient water…”
— Wash. Rev. Code § 90.03.015(3) — 6 cases
Lummi Indian Nation v. State (2010) wash “The bill also declared that “water right certificate [s] issued prior to September 9, 2003 for municipal water supply purposes as defined in RCW 90.03.015” based on system capacity were rights in good standing.”
Cornelius v. Department of Ecology (2015) wash “The statute states in relevant part: *592 When requested, by a municipal water supplier or when processing a change or amendment to the right, the department shall amend the water right documents and related records to ensure that water rights that are for municipal water supply…”
Lummi Indian Nation v. State (2010) wash “The bill also declared that "water right certificate[s] issued prior to [September 9, 2003] for municipal water supply purposes as defined in RCW 90.03.015" based on system capacity were rights in good standing.”
Crown West Realty, LLC v. Pollution Control Hearings Bd. (2019) washctapp “the residential connection or nonresident population thresholds under RCW 90.03.015). .... c. A water right authorized for one or more of the categories of beneficial use included in the definition of municipal water supply purposes that has been integrated or consolidated…”
Cornelius v. Dep't of Ecology (2015) wash “The statute states in relevant part: When requested by a municipal water supplier or when processing a change or amendment to the right, the department shall amend the water right documents and related records to ensure that water rights that are for municipal water supply…”
— Wash. Rev. Code § 90.03.015(4) — 8 cases
Crown West Realty, LLC v. Pollution Control Hearings Bd. (2019) washctapp “the residential connection or nonresident population thresholds under RCW 90.03.015). .... c. A water right authorized for one or more of the categories of beneficial use included in the definition of municipal water supply purposes that has been integrated or consolidated…”
Cornelius v. Department of Ecology (2015) wash “The statute states in relevant part: *592 When requested, by a municipal water supplier or when processing a change or amendment to the right, the department shall amend the water right documents and related records to ensure that water rights that are for municipal water supply…”
Lummi Indian Nation v. State (2010) wash “The bill also declared that “water right certificate [s] issued prior to September 9, 2003 for municipal water supply purposes as defined in RCW 90.03.015” based on system capacity were rights in good standing.”
Lummi Indian Nation v. State (2010) wash “The bill also declared that "water right certificate[s] issued prior to [September 9, 2003] for municipal water supply purposes as defined in RCW 90.03.015" based on system capacity were rights in good standing.”
City of Union Gap v. Department of Ecology (2008) washctapp “RCW 90.03.015(4). ¶31 Ahtanum contends that it demonstrated that it claimed its rights for municipal water supply purposes in 1999 by decommissioning its wells, giving Union Gap control over the rights, and developing its land without using the water rights.”
— Wash. Rev. Code § 90.03.015(4)(a) — 1 case
Crown West Realty, LLC v. Pollution Control Hearings Bd. (2019) washctapp “the residential connection or nonresident population thresholds under RCW 90.03.015). .... c. A water right authorized for one or more of the categories of beneficial use included in the definition of municipal water supply purposes that has been integrated or consolidated…”
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