Revised Code of Washington
Wash. Rev. Code § 90.22.020 (2026)
Establishment of minimum water flows or levels—Hearings—Notice—Rules
✓ current as of May 2026
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Flows or levels authorized for establishment under RCW 90.22.010, or subsequent modification thereof by the department shall be provided for through the adoption of rules. Before the establishment or modification of a water flow or level for any stream or lake or other public water, the department shall hold a public hearing in the county in which the stream, lake, or other public water is located. If it is located in more than one county the department shall determine the location or locations therein and the number of hearings to be conducted. Notice of the hearings shall be given by publication in a newspaper of general circulation in the county or counties in which the stream, lake, or other public waters is located, once a week for two consecutive weeks before the hearing. The notice shall include the following:
(1) The name of each stream, lake, or other water source under consideration;
(2) The place and time of the hearing;
(3) A statement that any person, including any private citizen or public official, may present his or her views either orally or in writing.
Notice of the hearing shall also be served upon the administrators of the departments of social and health services, natural resources, fish and wildlife, and transportation.
Notes:
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
Notes of Decisions
Cited in 6
cases, 2002–2019 · leading case: Swinomish Indian Tribal Cmty. v. Dep't of Ecology, 311 P.3d 6 (Wash. 2013).
Swinomish Indian Tribal Cmty. v. Dep't of Ecology, 311 P.3d 6 (Wash. 2013). “The dissent suggests that unless we read the overriding-considerations exception to allow for reallocation of water subject to minimum flow rights, we are contravening RCW 90.22.020. However, this statute provides that “[f]lows or levels authorized for establishment under RCW 90.”
Pub. Util. DIST. v. State, Dept. of Ecology, 51 P.3d 744 (Wash. 2002). “RCW 90.22.020. However the establishment of minimum instream flows: shall in no way affect existing water and storage rights and the use thereof, including but not limited to rights relating to the operation of any hydroelectric or water storage reservoir or related facility.”
Pub. Util. Dist. No. 1 v. Dep't of Ecology, 146 Wash. 2d 778 (Wash. 2002). “RCW 90.22.020. However the establishment of minimum instream flows: shall in no way affect existing water and storage rights and the use thereof, including but not limited to rights relating to the operation of any hydroelectric or water storage reservoir or related facility.”
Magdalena T. Bassett v. Washington State Dep't Of Ecology, 438 P.3d 563 (Wash. Ct. App. 2019). “” RCW 90.22.020. Before establishing a rule setting MIFs, DOE must provide notice to the community and hold a public hearing.”
Ctr. For Env't Law & Policy v. State Of Washington, 444 P.3d 622 (Wash. Ct. App. 2019). “020(3)(a), CELP argues that Ecology is obligated to establish minimum instream flows that preserve wildlife, fish, scenic, aesthetic, and environmental and navigational values. Ecology counters that its “primary rulemaking authority” 14 No.”
Swinomish Indian Tribal Comm'y v. Dep't of Ecology (Wash. 2013). “The dissent suggests that unless we read the overriding-considerations exception to allow for reallocation of water subject to minimum flow rights, we are contravening RCW 90.22.020. However, this statute provides that "[f]lows or levels authorized for establishment under RCW 90.”
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