Wash. Rev. Code » Title 90 · Chapter 90.14
Revised Code of Washington

Wash. Rev. Code § 90.14.160 (2026)

✓ current as of May 2026
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Any person entitled to divert or withdraw waters of the state through any appropriation authorized by enactments of the legislature prior to enactment of chapter 117, Laws of 1917, or by custom, or by general adjudication, who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to divert or withdraw for any period of five successive years after July 1, 1967, shall relinquish such right or portion thereof, and said right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation in accordance with RCW 90.03.250.
[ 1981 c 291 s 1; 1979 ex.s. c 216 s 5; 1967 c 233 s 16.]

Notes:

Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245.
Effective date—1967 c 233: See RCW 90.14.900.
Application to Yakima river basin trust water rights: RCW 90.38.040.
Implementation and enforcement of chapter—Proceedings under RCW 90.14.130 deemed adjudicative—Application of RCW sections to specific proceedings: RCW 90.14.200.
Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 1986–2023 · 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× “RCW 90.14.160,.170, and .180 each refer to both abandonment and statutory forfeiture for nonuse for a five-year period.”
Pub. Util. Dist. No. 1 v. Dep't of Ecology, 146 Wash. 2d 778 (Wash. 2002). · cites it 2× “RCW 90.14.160, .170, and .180 each refer to both abandonment and statutory forfeiture for nonuse for a five-year period.”
Dep't of Ecology v. Grimes, 852 P.2d 1044 (Wash. 1993). · cites it 3× “54 The referee determined that, pursuant to RCW 90.14.160, the uncertainties concerning the irrigation dam constituted sufficient cause not to find a complete abandonment of the Grimeses' water right.”
R.D. Merrill Co. v. Pollution Control Hearings Bd., 969 P.2d 458 (Wash. 1999). · cites it 2× “180 state that where water rights have not been beneficially used for five continuous years, or have been abandoned, “said right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation .”
State, Dept. of Ecology v. Acquavella, 935 P.2d 595 (Wash. 1997). · cites it 2× “RCW 90.14.160. The Legislature created a narrow list of exceptions to the relinquishment statute.”
Dep't of Ecology v. Acquavella, 131 Wash. 2d 746 (Wash. 1997). · cites it 2× “RCW 90.14.160. The Legislature created a narrow list of exceptions to the relinquishment statute.”
State, Dept. of Ecology v. Theodoratus, 957 P.2d 1241 (Wash. 1998). “RCW 90.14.160; 90.14.170; 90.14.180. If system capacity defined the quantity of the right, i.”
Dep't of Ecology v. Theodoratus, 135 Wash. 2d 582 (Wash. 1998). “RCW 90.14.160; 90.14.170; 90.14.180. If system capacity defined the quantity of the right, i.”
Lummi Indian Nation v. State, 241 P.3d 1220 (Wash. 2010). “The beneficial use of waters is a priority in our state; our state constitution itself specifically provides that “[t]he use of the waters of this state for irrigation, mining and manufacturing purposes shall be deemed a public use.”
Motley-Motley, Inc. v. State, 110 P.3d 812 (Wash. Ct. App. 2005). “2d 595 (1997) (citing RCW 90.14.160). DOE has the initial burden to prove the lack of beneficial use.”
Motley-Motley, Inc. v. Pollution Control Hearings Bd., 127 Wash. App. 62 (Wash. Ct. App. 2005). “2d 595 (1997) (citing RCW 90.14.160). DOE has the initial burden to prove the lack of beneficial use.”
City of Union Gap v. Dep't of Ecology, 148 Wash. App. 519 (Wash. Ct. App. 2008). · cites it 3× “” RCW 90.14.160 through .180 state that where water rights have not been beneficially used for five continuous years, or have been abandoned, “said right or portion thereof shall revert to the state, and the waters affected by said right shall become available for…”
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