Revised Code of Washington

Wash. Rev. Code § 90.03.395 (2026)

Change of point of diversion to downstream intake structure—Intent

✓ current as of May 2026

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The legislature intends to allow modification of the point of diversion in a water right permit when such a modification will provide both environmental benefits and water supply benefits and nothing in RCW 90.03.397 is to be construed as allowing any other change or transfer of a right to the use of surface water which has not been applied to a beneficial use.

[ 1999 c 232 s 1.]

Notes of Decisions

Cited in 2 cases, 2002–2002 · leading case: Pub. Util. DIST. v. State, Dept. of Ecology, 51 P.3d 744 (Wash. 2002).

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Pub. Util. DIST. v. State, Dept. of Ecology, 51 P.3d 744 (Wash. 2002). “395, the Legislature stated that it intends to allow modification of the point of diversion in a water right permit when such a modification will provide both environmental benefits and water supply benefits and nothing in RCW 90.”

Pub. Util. Dist. No. 1 v. Dep't of Ecology, 146 Wash. 2d 778 (Wash. 2002). “In RCW 90.03.395, the Legislature stated that it intends to allow modification of the point of diversion in a water right permit when such a modification will provide both environmental benefits and water supply benefits and nothing in RCW90.”

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