Revised Code of Washington

Wash. Rev. Code § 90.03.397 (2026)

Department may approve change of the point of diversion prescribed in a permit to appropriate surface water—Requirements

✓ current as of May 2026

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(1) The department may approve a change of the point of diversion prescribed in a permit to appropriate surface water for a beneficial use if the ownership, purpose of use, season of use, and place of use of the permit remain the same to an approved intake structure with capacity to transport the additional diversion to either: (a) A point of diversion that is located downstream; or (b) a point of diversion located between Columbia river miles 215.6 and 292, if the existing point of diversion is contained therein.

(2) This section may not be construed as limiting in any manner whatsoever other authorities of the department under RCW 90.03.380 or other changes that may be approved under RCW 90.03.380 under authorities existing before July 25, 1999.

[ 2011 c 117 s 1; 1999 c 232 s 2.]

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). · cites it 2× “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 90.03.397 is to be construed as allowing any other…”

Pub. Util. Dist. No. 1 v. Dep't of Ecology, 146 Wash. 2d 778 (Wash. 2002). · cites it 2× “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 RCW90.03.397 is to be construed as allowing any other…”

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