Revised Code of Washington

Wash. Rev. Code § 90.03.390 (2026)

✓ current as of May 2026

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RCW 90.03.380 shall not be construed to prevent water users from making a seasonal or temporary change of point of diversion or place of use of water when such change can be made without detriment to existing rights, but in no case shall such change be made without the permission of the water master of the district in which such proposed change is located, or of the department. Nor shall RCW 90.03.380 be construed to prevent construction of emergency interties between public water systems to permit exchange of water during short-term emergency situations, or rotation in the use of water for bringing about a more economical use of the available supply, provided however, that the department of health in consultation with the department of ecology shall adopt rules or develop written guidelines setting forth standards for determining when a short-term emergency exists and the circumstances in which emergency interties are permitted. The rules or guidelines shall be consistent with the procedures established in RCW 43.83B.400 through 43.83B.420. Water users owning lands to which water rights are attached may rotate in the use of water to which they are collectively entitled, or an individual water user having lands to which are attached water rights of a different priority, may in like manner rotate in use when such rotation can be made without detriment to other existing water rights, and has the approval of the water master or department.

[ 1991 c 350 s 3; 1987 c 109 s 95; 1929 c 122 s 7; RRS s 7391a. Formerly RCW 90.28.100.]

Notes:

Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2004–2025 · leading case: City of West Richland v. Dep't of Ecology, 103 P.3d 818 (Wash. Ct. App. 2004).

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City of West Richland v. Dep't of Ecology, 103 P.3d 818 (Wash. Ct. App. 2004). “RCW 90.03.390 applies specifically to temporary changes.”

Ron Fode v. Dep't of Ecology (Wash. Ct. App. 2025). · cites it 3× “Moreover, RCW 90.03.390 allows temporary or “seasonal” changes to the “place of use of water” with the “permission of the water master of the district in which such a proposed change is located.”

Raymond Reser v. Pollution Control Hearings Bd. (Wash. Ct. App. 2023). “) Based on this language in this other water rights statute, DOE contends that “temporary” is synonymous with “seasonal,” which would require a change in crops once a year.”

City of West Richland v. Doe, 103 P.3d 818 (Wash. Ct. App. 2004). “RCW 90.03.390 applies specifically to temporary changes.”

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