Wash. Rev. Code » Title 90 · Chapter 90.03

Wash. Rev. Code § 90.03.460

Inchoate rights not affected

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Nothing in this chapter contained shall operate to effect an impairment of any inchoate right to divert and use water while the application of the water in question to a beneficial use is being prosecuted with reasonable diligence, having due regard to the circumstances surrounding the enterprise, including the magnitude of the project for putting the water to a beneficial use and the market for the resulting water right for irrigation or power or other beneficial use, in the locality in question.
[ 1917 c 117 s 43; RRS s 7398. Formerly RCW 90.28.140.]
Notes of Decisions
Cited in 9 cases, 1998–2015 · leading case: Hanson Industries, Inc. v. Kutschkau
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Hanson Industries, Inc. v. Kutschkau (2010) washctapp · cites it 3× “¶56 RCW 90.03.460 recognizes inchoate rights to divert and use water.”
Cornelius v. Department of Ecology (2015) wash “RCW 90.03.460. What constitutes reasonable diligence depends on the circumstances, including the magnitude of the project, the engineering and physical features to *602 be encountered, and public interests.”
State, Dept. of Ecology v. Theodoratus (1998) wash “RCW 90.03.460 provides: Nothing in this chapter contained shall operate to effect an impairment of any inchoate right to divert and use water while the application of the water in question to a beneficial use is being prosecuted with reasonable diligence, having due regard to…”
Department of Ecology v. Theodoratus (1998) wash “RCW 90.03.460 provides: Nothing in this chapter contained shall operate to effect an impairment of any inchoate right to divert and use water while the application of the water in question to a beneficial use is being prosecuted with reasonable diligence, having due regard to…”
R.D. Merrill Co. v. Pollution Control Hearings Board (1999) wash “” RCW 90.03.460. By expressly allowing amendment of a permit, RCW 90.”
HANSON INDUSTRIES INC. v. Kutschkau (2010) washctapp · cites it 3× “¶ 56 RCW 90.03.460 recognizes inchoate rights to divert and use water.”
RD Merrill Co. v. Pollution Control Bd. (1999) wash “It follows that water may not actually have been beneficially used. Thus, unlike RCW 90.”
Cornelius v. Dep't of Ecology (2015) wash “RCW 90.03.460. What constitutes reasonable diligence depends on the circumstances, including the magnitude of the project, the engineering and physical features to be encountered, and public interests.”
Cornelius v. Dep't of Ecology (2015) wash “RCW 90.03.460. What constitutes reasonable diligence depends on the circumstances, including the magnitude of the project, the engineering and physical features to be encountered, and public interests.”
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