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

Wash. Rev. Code § 90.03.340 (2026)

✓ current as of May 2026
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The right acquired by appropriation shall relate back to the date of filing of the original application with the department.
[ 1987 c 109 s 90; 1917 c 117 s 35; RRS s 7387. Formerly RCW 90.20.110.]

Notes:

Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Notes of Decisions
Cited in 18 cases, 1984–2019 · leading case: Hillis v. State, Dept. of Ecology, 932 P.2d 139 (Wash. 1997).
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Hillis v. State, Dept. of Ecology, 932 P.2d 139 (Wash. 1997). · cites it 2× “The record indicates that the Legislature has drastically cut the budget of the water rights permit program. In spite of its knowledge of an existing backlog in water permit applications, it cut the budget for the water rights permit program by 63 percent.”
State, Dept. of Ecology v. Theodoratus, 957 P.2d 1241 (Wash. 1998). · cites it 2× “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× “250 through RCW 90.03.340, apply to groundwater appropriations, including issuance of groundwater permits and groundwater right certificates.”
Postema v. Pollution Control Hearings Bd., 11 P.3d 726 (Wash. 2000). “NOTES [1] The term "hydraulic continuity" is not found in any of the statutes, although it is used in some administrative rules.”
Postema v. Pollution Control Hearings Bd., 142 Wash. 2d 68 (Wash. 2000). “RCW 90.03.340; R.D. Merrill Co. v. Pollution Control Hr’gs Bd.”
Jensen v. Dep't of Ecology, 685 P.2d 1068 (Wash. 1984). · cites it 2× “RCW 90.03.340. A permit not having been granted, his sole right was to his place in line.”
Hillis v. Dep't of Ecology, 131 Wash. 2d 373 (Wash. 1997). “The record indicates that the Legislature has drastically cut the budget of the water rights permit program.”
Swinomish Indian Tribal Cmty. v. Dep't of Ecology, 311 P.3d 6 (Wash. 2013). “RCW 90.03.340; Postema, 142 Wn.2d at 80 n.”
Cornelius v. Dep't of Ecology, 344 P.3d 199 (Wash. 2015). “RCW 90.03.340. Thus, the date a water right vests is often determined by the date the application was filed.”
Lummi Indian Nation v. State, 241 P.3d 1220 (Wash. 2010). “RCW 90.03.340; Avery v. Johnson, 59 Wash.”
R.D. Merrill Co. v. Pollution Control Hearings Bd., 969 P.2d 458 (Wash. 1999). “The statute states that “upon the issuance by the department of an amendment to the appropriate permit or certificate of groundwater right, the holder of a valid right to withdraw public groundwaters may, without losing the holder’s priority of right, construct wells . . . .”…”
Lummi Indian Nation v. State, 241 P.3d 1220 (Wash. 2010). “*1225 RCW 90.03.340; Avery v. Johnson, 59 Wash.”
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