Wash. Rev. Code » Title 90 · Chapter 90.03

Wash. Rev. Code § 90.03.110

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(1) Upon the filing of a petition with the department by a planning unit or by one or more persons claiming the right to any waters within the state or when, after investigation, in the judgment of the department, the public interest will be served by a determination of the rights thereto, the department shall prepare a statement of the facts, together with a plan or map of the locality under investigation, and file such statement and plan or map in the superior court of the county in which said water is situated, or, in case such water flows or is situated in more than one county, in the county which the department shall determine to be the most convenient to the parties interested therein. Such a statement shall:
(a) Either (i) identify each person or entity owning real property situated within the area to be adjudicated but outside the boundaries of a city, town, or special purpose district that provides water to property within its service area; (ii) identify all known persons claiming a right to the water sought to be determined; or (iii) identify both; and
(b) Include a brief statement of the facts in relation to such water, and the necessity for a determination of the rights thereto.
(2) Prior to filing an adjudication under this chapter, the department shall:
(a) Consult with the administrative office of the courts to determine whether sufficient judicial resources are available to commence and to prosecute the adjudication in a timely manner; and
(b) Report to the appropriate committees of the legislature on the estimated budget needs for the court and the department to conduct the adjudication.
[ 2009 c 332 s 1; 1987 c 109 s 72; 1917 c 117 s 14; RRS s 7364. Formerly RCW 90.12.010.]

Notes:

Application—2009 c 332: "Except for section 14 of this act, this act applies only to adjudications initiated after July 26, 2009." [ 2009 c 332 s 21.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Additional powers and duties enumerated—Payment for from reclamation account: RCW 89.16.055.
Application of RCW sections to specific proceedings: RCW 90.14.200.
Schedule of fees: RCW 90.03.470.
Notes of Decisions
Cited in 15 cases, 1966–2012 · leading case: Rettkowski v. Department of Ecology
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Rettkowski v. Department of Ecology (1993) wash · cites it 7× “RCW 90.03.110. The second problem with Ecology's argument that it was only "tentatively determining" water rights is that the PCHB *229 has no jurisdiction to conduct adjudicative hearings regarding such rights.”
Department of Ecology v. Acquavella (2002) washctapp · cites it 8× “This case involves a general adjudication of water rights started by the Department of Ecology pursuant to RCW 90.03.110 (Acquavella litigation). Under Washington’s Water Code, a general adjudication of water rights in a drainage area may be sought by Ecology if it believes the…”
State, Dept. of Ecology v. Acquavella (2002) washctapp · cites it 9× “An adjudication is triggered when Ecology files in superior court a "statement of facts" and a plan or map of the "locality under investigation.”
Lummi Indian Nation v. State (2010) wash “05 RCW; RCW 90.03.110; see also 23 Timothy Butler & Matthew King, Washington Practice: Environmental Law and Practice § 8.”
Wells Fargo Bank, NA v. Department of Revenue (2012) washctapp “040, or to initiate an adjudication among water right holders under RCW 90.03.110. These decisions are not proprietary management decisions concerning the State’s public lands or real property interests, but are decisions concerning governmental or regulatory powers.”
McLeary v. Department of Game (1979) wash · cites it 2× “At that time a suit for a general water rights adjudication, pursuant to RCW 90.03.110, was filed in Superior Court to adjudicate all water rights in Crab Creek and its tributaries, including Rocky Ford Creek.”
In Re Stranger Creek (1970) wash “Pursuant to RCW 90.03.110 - .240, a petition was filed for adjudication of the rights to the waters of Stranger Creek, a small, nonnavigable water course in Stevens County.”
Muckleshoot Indian Tribe v. Department of Ecology (2002) washctapp “040, or to initiate an adjudication among water right holders under RCW 90.03.110. These decisions are not proprietary management decisions concerning the State’s public lands or real property interests, but are decisions concerning governmental or regulatory powers.”
Jensen v. Department of Ecology (1984) wash “II Claimed Procedural Errors Appellant claims he was denied due process and equal protection by the DOE's failure to follow the provisions of RCW 90.03.110 through RCW 90.03.240. Those provisions do not apply to the processing of permit applications.”
Department of Ecology v. Grimes (1993) wash “22 In Washington, the adjudication procedure is set forth in RCW 90.03.110 et seq. The provisions for adjudication in the Water Code, RCW 90.”
Department of Ecology v. Yakima Reservation Irrigation District (1993) wash “, — October 1977: The Department of Ecology filed the present litigation, pursuant to RCW 90.03.110, seeking a general adjudication of water rights in the Yakima River Basin.”
Lummi Indian Nation v. State (2010) wash “05 RCW; RCW 90.03.110; see also 23 TIMOTHY BUTLER & MATTHEW KING, WASHINGTON PRACTICE: ENVIRONMENTAL LAW AND PRACTICE § 8.”
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