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

Wash. Rev. Code § 90.03.250 (2026)

✓ current as of May 2026
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Any person, municipal corporation, firm, irrigation district, association, corporation or water users' association hereafter desiring to appropriate water for a beneficial use shall make an application to the department for a permit to make such appropriation, and shall not use or divert such waters until he or she has received a permit from the department as in this chapter provided. The construction of any ditch, canal or works, or performing any work in connection with said construction or appropriation, or the use of any waters, shall not be an appropriation of such water nor an act for the purpose of appropriating water unless a permit to make said appropriation has first been granted by the department: PROVIDED, That a temporary permit may be granted upon a proper showing made to the department to be valid only during the pendency of such application for a permit unless sooner revoked by the department: PROVIDED, FURTHER, That nothing in this chapter contained shall be deemed to affect RCW 90.40.010 through 90.40.080 except that the notice and certificate therein provided for in RCW 90.40.030 shall be addressed to the department, and the department shall exercise the powers and perform the duties prescribed by RCW 90.40.030.
[ 2013 c 23 s 596; 1987 c 109 s 83; 1917 c 117 s 27; RRS s 7378. Formerly RCW 90.20.010.]

Notes:

Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Schedule of fees: RCW 90.03.470.
Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1973–2023 · leading case: Dep't of Ecology v. Campbell & Gwinn, L.L.C., 146 Wash. 2d 1 (Wash. 2002).
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Dep't of Ecology v. Campbell & Gwinn, L.L.C., 146 Wash. 2d 1 (Wash. 2002). · cites it 2× “RCW 90.03.250 provides for the application procedure for surface water and, by virtue of RCW 90.”
State, Dept. of Ecology v. Campbell & Gwinn, 43 P.3d 4 (Wash. 2002). · cites it 2× “RCW 90.03.250 provides for the application procedure for surface water and, by virtue of RCW 90.”
Port of Seattle v. Pollution Control Hearings Bd., 90 P.3d 659 (Wash. 2004). · cites it 2× “RCW 90.03.250. Stormwater is water of the state, and the legislature has declared uses of water for “fish and wildlife maintenance and enhancement,.”
State, Dept. of Ecology v. Theodoratus, 957 P.2d 1241 (Wash. 1998). · cites it 2× “060 provides that statutes concerning surface water appropriations, RCW 90.03.250 through RCW 90.03.340, apply to groundwater appropriations, including issuance of groundwater permits and groundwater right certificates.”
Dep't of Ecology v. Theodoratus, 135 Wash. 2d 582 (Wash. 1998). · cites it 2× “060 provides that statutes concerning surface water appropriations, RCW 90.03.250 through RCW 90.03.340, apply to groundwater appropriations, including issuance of groundwater permits and groundwater right certificates.”
Lummi Indian Nation v. State, 241 P.3d 1220 (Wash. 2010). · cites it 2× “RCW 90.03.250; see also ch. 90.44 RCW (groundwater).”
Hallauer v. Spectrum Props., Inc., 18 P.3d 540 (Wash. 2001). “One seeking a water right in this state must apply for a permit, which may be issued only if the Department finds (1) that water is available, (2) for a beneficial use, and that (3) an appropriation will not impair existing rights, or (4) be detrimental to the public welfare.”
Hallauer v. Spectrum Props., Inc., 143 Wash. 2d 126 (Wash. 2001). “(Appropriations of groundwater must comply with surface water code provisions, RCW 90.03.250 to .340, which are expressly incorporated into the groundwater code.”
Postema v. Pollution Control Hearings Bd., 11 P.3d 726 (Wash. 2000). “060 (providing that groundwater applications shall be made as provided for in RCW 90.03.250 through .340). RCW 90.03.290 requires that before a permit to appropriate may be issued, Ecology must affirmatively find (1) that water is available, (2) for a beneficial use, and that…”
Postema v. Pollution Control Hearings Bd., 142 Wash. 2d 68 (Wash. 2000). “060 (providing that groundwater applications shall be made as provided for in RCW 90.03.250 through .340). RCW 90.03.290 requires that before a permit to appropriate may be issued, Ecology must affirmatively find (1) that water is available, (2) for a beneficial use, and that…”
Jensen v. Dep't of Ecology, 685 P.2d 1068 (Wash. 1984). · cites it 2× “Within the period in 1973, the Bureau filed such a declaration, claiming all water which had percolated into underground storage as a result of project irrigation. On January 8, 1975, the DOE recognized the Bureau's claim by Docket No.”
Dep't of Ecology v. Grimes, 852 P.2d 1044 (Wash. 1993). · cites it 2× “hout sufficient cause, to beneficially use all or any part of said right to divert or withdraw for any period of five successive years after the effective date of this act, shall relinquish such right or portion thereof, and said right or portion thereof shall revert to the…”
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