Wash. Rev. Code » Title 90 · Chapter 90.03

Wash. Rev. Code § 90.03.040

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The beneficial use of water is hereby declared to be a public use, and any person may exercise the right of eminent domain to acquire any property or rights now or hereafter existing when found necessary for the storage of water for, or the application of water to, any beneficial use, including the right to enlarge existing structures employed for the public purposes mentioned in this chapter and use the same in common with the former owner, and including the right and power to condemn an inferior use of water for a superior use. In condemnation proceedings the court shall determine what use will be for the greatest public benefit, and that use shall be deemed a superior one: PROVIDED, That no property right in water or the use of water shall be acquired hereunder by condemnation for irrigation purposes, which shall deprive any person of such quantity of water as may be reasonably necessary for the irrigation of his or her land then under irrigation to the full extent of the soil, by the most economical method of artificial irrigation applicable to such land according to the usual methods of artificial irrigation employed in the vicinity where such land is situated. In any case, the court shall determine what is the most economical method of irrigation. Such property or rights shall be acquired in the manner provided by law for the taking of private property for public use by private corporations.
[ 2013 c 23 s 592; 1917 c 117 s 4; RRS s 7354. Formerly RCW 90.04.030.]

Notes:

Eminent domain by corporations: Chapter 8.20 RCW.
Notes of Decisions
Cited in 10 cases, 1966–2014 · leading case: Hallauer v. Spectrum Properties, Inc.
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Hallauer v. Spectrum Properties, Inc. (2001) wash · cites it 42× “As we explain below, RCW 90.03.040 provides the statutory authority for condemnation in this case.”
Hallauer v. Spectrum Properties, Inc. (2001) wash · cites it 42× “As we explain below, RCW 90.03.040 provides the statutory authority for condemnation in this case.”
Department of Ecology v. Grimes (1993) wash · cites it 3× “" 75 The Legislature sets a standard clearly contradictory to the suggested test in RCW 90.03.040, which relates to eminent domain over water rights.”
Lummi Indian Nation v. State (2010) wash “RCW 90.03.040. ¶5 Once the water right is perfected, a water right certificate is issued.”
Department of Ecology v. Abbott (1985) wash “Nothing in the 1917 water code "shall be construed to lessen, enlarge, or modify the existing rights of any riparian owner, or any existing right acquired by appropriation, or otherwise." (Italics ours.) RCW 90.03.”
Canyon View Irrigation Co. v. Twin Falls Canal Co. (1980) idaho “§§ 73-1-6 & 73-1-7; Wash. Rev. Code Ann. § 90.03.040 ; Wyo. Stat.”
Lummi Indian Nation v. State (2010) wash “RCW 90.03.040. ¶ 5 Once the water right is perfected, a water right certificate is issued.”
Richert v. Tacoma Power Utility (2014) washctapp · cites it 2× “See former RCW 90.03.040 (1917); Lummi Indian Nation v.”
Muckleshoot Indian Tribe v. Dept. of Ecology (2002) washctapp “[34] RCW 90.03.040. [35] RCW 90.03.247, .010, .”
Botton v. State (1966) wash · cites it 2× “They shall, however, be subject to condemnation as provided in RCW 90.03.040, and the amount and priority thereof may be determined by the procedure set out in RCW 90.”
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