Wash. Rev. Code » Title 90 · Chapter 90.40
Revised Code of Washington

Wash. Rev. Code § 90.40.010 (2026)

Eminent domain by the United States

✓ current as of May 2026
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The United States is hereby granted the right to exercise the power of eminent domain to acquire the right to the use of any water, to acquire or extinguish any rights, and to acquire any lands or other property, for the construction, operation, repairs to, maintenance or control of any plant or system of works for the storage, conveyance, or use of water for irrigation purposes, and whether such water, rights, lands or other property so to be acquired belong to any private party, association, corporation or to the state of Washington, or any municipality thereof; and such power of eminent domain shall be exercised under and by the same procedure as now is or may be hereafter provided by the law of this state for the exercise of the right of eminent domain by ordinary railroad corporations, except that the United States may exercise such right in the proper court of the United States as well as the proper state court.
[ 1905 c 88 s 1; RRS s 7408.]

Notes:

Condemnation by corporations: Chapter 8.20 RCW.
Eminent domain, railroads—Corporate powers and duties: RCW 81.36.010.
Special railroad eminent domain proceedings: RCW 8.20.140, 28B.20.330, 81.36.020, 81.36.060, 81.53.180.
Notes of Decisions
Cited in 3 cases, 1968–1997 · leading case: State, Dept. of Ecology v. Acquavella, 935 P.2d 595 (Wash. 1997).
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State, Dept. of Ecology v. Acquavella, 935 P.2d 595 (Wash. 1997). “In that same year, pursuant to RCW 90.40.010 and RCW 90.40.030, the United States began to withdraw all unappropriated waters in the Yakima River Basin.”
Dep't of Ecology v. Acquavella, 131 Wash. 2d 746 (Wash. 1997). “In that same year, pursuant to RCW 90.40.010 and RCW 90.40.030, the United States began to withdraw all unappropriated waters in the Yakima River Basin.”
United States v. 111.2 Acres of Land, More of Less in Ferry Cnty., Wash., 293 F. Supp. 1042 (E.D. Wash. 1968). “RCW 90.40.010 gives the government eminent domain power against the State for irrigation projects.”
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