Wash. Rev. Code » Title 90 · Chapter 90.03

Wash. Rev. Code § 90.03.560

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When requested by a municipal water supplier or when processing a change or amendment to the right, the department shall amend the water right documents and related records to ensure that water rights that are for municipal water supply purposes, as defined in RCW 90.03.015, are correctly identified as being for municipal water supply purposes. This section authorizes a water right or portion of a water right held or acquired by a municipal water supplier that is for municipal water supply purposes as defined in RCW 90.03.015 to be identified as being a water right for municipal water supply purposes. However, it does not authorize any other water right or other portion of a right held or acquired by a municipal water supplier to be so identified without the approval of a change or transfer of the right or portion of the right for such a purpose.
[ 2003 1st sp.s. c 5 s 3.]

Notes:

Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
Notes of Decisions
Cited in 6 cases, 2010–2019 · leading case: Cornelius v. Department of Ecology
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Cornelius v. Department of Ecology (2015) wash · cites it 19× “In Lummi Indian Nation, we already held *591 that retroactively applying the MWL does not violate the constitution — including RCW 90.03.560, the amendment that allows for water rights to be relabeled using the new definition of “municipal water supply purposes.”
Lummi Indian Nation v. State (2010) wash · cites it 2× “386(2); and allowed existing water rights certificates that would now be considered to be for municipal water services to be so amended, RCW 90.03.560. 8 They contend that these provisions change the requirements noted in Theodoratus for private water rights to vest.”
Lummi Indian Nation v. State (2010) wash · cites it 2× “386(2); and allowed existing water rights certificates that would now be considered to be for municipal water services to be so amended, RCW 90.03.560. [8] They contend that these provisions change the requirements noted in Theodoratus for private water rights to vest.”
Crown West Realty, LLC v. Pollution Control Hearings Bd. (2019) washctapp · cites it 2× “RCW 90.03.560. Time of Purpose of Use We move further into our analysis of whether Crown West’s water right qualifies for municipal water supply purposes.”
Cornelius v. Dep't of Ecology (2015) wash · cites it 20× “In Lummi Indian Nation, we already held that retroactively applying the MWL does not violate the constitution-including RCW 90.03.560, the amendment that allows for water rights to be relabeled using the new definition of"municipal water supply purposes.”
Cornelius v. Dep't of Ecology (2015) wash · cites it 16× “That holding would invalidate RCW 90.03.560 on its face and overrule 13               Cornelius v.”
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