Revised Code of Washington

Wash. Rev. Code § 90.22.030 (2026)

Existing water and storage rights—Right to divert or store water

✓ current as of May 2026

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The establishment of levels and flows pursuant to RCW 90.22.010 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. No right to divert or store public waters shall be granted by the department of ecology which shall conflict with regulations adopted pursuant to RCW 90.22.010 and 90.22.020 establishing flows or levels. All regulations establishing flows or levels shall be filed in a "Minimum Water Level and Flow Register" of the department of ecology.

[ 1988 c 127 s 81; 1969 ex.s. c 284 s 5.]

Notes:

Severability—1969 ex.s. c 284: See note following RCW 90.48.290.

Notes of Decisions

Cited in 6 cases, 2002–2019 · 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 4× “However, if Ecology adopts a program or withdraws water under such a program, it must follow administrative procedures such as providing public notice and opportunity for comment.”

Pub. Util. Dist. No. 1 v. Dep't of Ecology, 146 Wash. 2d 778 (Wash. 2002). · cites it 3× “RCW 90.22.030 (emphasis added). Ecology also can establish a water resources policy and program pursuant to chapter 90.”

Swinomish Indian Tribal Cmty. v. Dep't of Ecology, 311 P.3d 6 (Wash. 2013). · cites it 3× “345, and RCW 90.22.030. The Tribe contends that Ecology’s reliance on the overriding-considerations exception is based on an incorrect interpretation of RCW 90.”

Richard A. Fox & Marnie B. Fox, Apps. v. Skagit Cnty., Res., 372 P.3d 784 (Wash. Ct. App. 2016). · cites it 2× “” These minimum flow levels “constitute appropriations within the meaning of this chapter with priority dates as of the effective dates of their establishment.” RCW 90.03.345. Accordingly, these minimum flow levels are like any other water appropriation right—they cannot affect…”

Ctr. For Env't Law & Policy v. State Of Washington, 444 P.3d 622 (Wash. Ct. App. 2019). · cites it 2× “In addition, [Ecology] shall, when requested by the [WDFW] to protect fish, game or other wildlife resources under the jurisdiction of the requesting state agency, or if [Ecology] finds it necessary to preserve water quality, establish such minimum flows or levels as are…”

Swinomish Indian Tribal Comm'y v. Dep't of Ecology (Wash. 2013). · cites it 3× “345, and RCW 90.22.030. The Tribe contends that Ecology's reliance on the overriding-considerations exception is based on an incorrect interpretation ofRCW 90.”

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