Wash. Rev. Code » Title 90 · Chapter 90.14

Wash. Rev. Code § 90.14.065

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(1)(a) Any person or entity, or successor to such person or entity, having a statement of claim on file with the water rights claims registry may submit to the department of ecology for filing an amendment to such a statement of claim if the submitted amendment is based on:
(i) An error in estimation of the quantity of the applicant's water claim prescribed in RCW 90.14.051 if the applicant provides reasons for the failure to claim such right in the original claim;
(ii) A change in circumstances not foreseeable at the time the original claim was filed, if such change in circumstances relates only to the manner of transportation or diversion of the water and not to the use or quantity of such water; or
(iii) The amendment is ministerial in nature.
(b) The department shall accept any such submission and file the same in the registry unless the department by written determination concludes that the requirements of (a)(i), (ii), or (iii) of this subsection have not been satisfied.
(2) In addition to subsection (1) of this section, a surface water right claim may be changed or transferred in the same manner as a permit or certificate under RCW 90.03.380, and a water right claim for groundwater may be changed or transferred as provided under RCW 90.03.380 and 90.44.100.
(3) Any person aggrieved by a determination of the department may obtain a review thereof by filing a petition for review with the pollution control hearings board within thirty days of the date of the determination by the department. The provisions of RCW 90.14.081 shall apply to any amendment filed or approved under this section.
[ 2010 c 285 s 8; 1987 c 93 s 1.]

Notes:

Intent—2010 c 285: See note following RCW 90.03.265.
Notes of Decisions
Cited in 3 cases, 1994–2003 · leading case: Willowbrook Farms, L.L.P. v. Department of Ecology
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Willowbrook Farms, L.L.P. v. Department of Ecology (2003) washctapp · cites it 4× “065 reads: *398 Any person or entity, or successor to such person or entity, having a statement of claim on file with the water rights claims registry on April 20, 1987, may submit to the department of ecology for filing, an amendment to such a statement of claim if the…”
Willowbrook Farms LLP v. Department of Ecology (2003) washctapp · cites it 8× “RCW 90.14.065 (passed in 1987) allows amendments to a water rights claim for, among other things, a ministerial mistake.”
Rettkowski v. Department of Ecology (1994) washctapp “14. The Irrigators counter that RCW 90.14 played a significant role in this case.”
— Wash. Rev. Code § 90.14.065(1) — 1 case
Willowbrook Farms LLP v. Department of Ecology (2003) washctapp “RCW 90.14.065 (passed in 1987) allows amendments to a water rights claim for, among other things, a ministerial mistake.”
— Wash. Rev. Code § 90.14.065(3) — 2 cases
Willowbrook Farms, L.L.P. v. Department of Ecology (2003) washctapp “065 reads: *398 Any person or entity, or successor to such person or entity, having a statement of claim on file with the water rights claims registry on April 20, 1987, may submit to the department of ecology for filing, an amendment to such a statement of claim if the…”
Willowbrook Farms LLP v. Department of Ecology (2003) washctapp “RCW 90.14.065 (passed in 1987) allows amendments to a water rights claim for, among other things, a ministerial mistake.”
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