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

Wash. Rev. Code § 90.14.180 (2026)

✓ current as of May 2026
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Any person hereafter entitled to divert or withdraw waters of the state through an appropriation authorized under RCW 90.03.330, 90.44.080, or 90.44.090 who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to withdraw for any period of five successive years shall relinquish such right or portion thereof, and such 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. All certificates hereafter issued by the department of ecology pursuant to RCW 90.03.330 shall expressly incorporate this section by reference.
[ 1987 c 109 s 101; 1967 c 233 s 18.]

Notes:

Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Application to Yakima river basin trust water rights: RCW 90.38.040.
Availability for other uses qualified: RCW 90.14.160.
Implementation and enforcement of chapter—Application of RCW sections to specific proceedings: RCW 90.14.200.
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1997–2023 · leading case: Cornelius v. Dep't of Ecology, 344 P.3d 199 (Wash. 2015).
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Cornelius v. Dep't of Ecology, 344 P.3d 199 (Wash. 2015). · cites it 5× “233, § 18 (codified as RCW 90.14.180); cf. Laws of 1967, ch. 233, § 14 (codified as RCW 90.”
Pub. Util. DIST. v. State, Dept. of Ecology, 51 P.3d 744 (Wash. 2002). “RCW 90.14.180, in particular, expressly recognizes abandonment, as opposed to statutory forfeiture for five years' nonuse, in connection with any appropriation perfected under the surface and ground water codes.”
Pub. Util. Dist. No. 1 v. Dep't of Ecology, 146 Wash. 2d 778 (Wash. 2002). “RCW 90.14.180, in particular, expressly recognizes abandonment, as opposed to statutory forfeiture for five years’ nonuse, in connection with any appropriation perfected under the surface and ground water codes.”
Pac. Land Partners, LLC v. Dept. of Ecology, 208 P.3d 586 (Wash. Ct. App. 2009). · cites it 7× “RCW 90.14.180. Ultimately the Pollution Control Hearings Board (Board) affirmed, as did the Walla Walla Superior Court.”
Pac. Land Partners, LLC v. Dep't of Ecology, 150 Wash. App. 740 (Wash. Ct. App. 2009). · cites it 7× “RCW 90.14.180. Ultimately the Pollution Control Hearings Board (Board) affirmed, as did the Walla Walla County Superior Court.”
State, Dept. of Ecology v. Acquavella, 935 P.2d 595 (Wash. 1997). “In determining whether the irrigation district's right to water should be reduced for failure to actually use the quantity to which the district was entitled, the trial court ruled RCW 90.14.180 governed. That statute provides, in pertinent part: Any person hereafter entitled to…”
Dep't of Ecology v. Acquavella, 131 Wash. 2d 746 (Wash. 1997). “In determining whether the irrigation district’s right to water should be reduced for failure to actually use the quantity to which the district was entitled, the trial court ruled RCW 90.14.180 governed. That statute provides, in pertinent part: Any person hereafter entitled to…”
Crown West Realty, LLC v. Pollution Control Hearings Bd., 435 P.3d 288 (Wash. Ct. App. 2019). · cites it 3× “The certificate read: This certificate of water right is specifically subject to relinquishment for nonuse of water as provided by RCW 90.14.180. AR at 83. As of 1976, the former park corporation held water right claims, certificates, or permits totaling a quantity of 9,274 AFY.”
Cornelius v. Dep't of Ecology (Wash. 2015). · cites it 6× “233, § 18 (codified as RCW 90.14.180); cf LAWS OF 1967, ch. 233, § 14 (codified as RCW 90.”
Cornelius v. Dep't of Ecology (Wash. 2015). · cites it 6× “233, § 18 (codified as RCW 90.14.180); cf LAWS OF 1967, ch. 233, § 14 (codified as RCW 90.”
Raymond Reser v. Pollution Control Hearings Bd. (Wash. Ct. App. 2023). “170 and RCW 90.14.180 provide similar language in that they require relinquishment of water rights when the right-holder ultimately fails to make beneficial use of such rights for five consecutive years without sufficient cause.”
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