Wash. Rev. Code » Title 90 · Chapter 90.44

Wash. Rev. Code § 90.44.030

Chapter not to affect surface water rights

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The rights to appropriate the surface waters of the state and the rights acquired by the appropriation and use of surface waters shall not be affected or impaired by any of the provisions of this supplementary chapter and, to the extent that any underground water is part of or tributary to the source of any surface stream or lake, or that the withdrawal of groundwater may affect the flow of any spring, water course, lake, or other body of surface water, the right of an appropriator and owner of surface water shall be superior to any subsequent right hereby authorized to be acquired in or to groundwater.
[ 1945 c 263 s 2; Rem. Supp. 1945 s 7400-2.]
Notes of Decisions
Cited in 9 cases, 1993–2019 · leading case: Department of Ecology v. Campbell & Gwinn, L.L.C.
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Department of Ecology v. Campbell & Gwinn, L.L.C. (2002) wash · cites it 2× “290; RCW 90.44.030, .070; RCW 90.54.020. Of course, where the exemption in RCW 90.”
State, Dept. of Ecology v. Campbell & Gwinn (2002) wash · cites it 2× “290; RCW 90.44.030, .070; RCW 90.54.020. Of course, where the exemption in RCW 90.”
Postema v. Pollution Control Hearings Bd. (2000) wash · cites it 3× “RCW 90.44.030. This statute "emphasizes the potential connections between groundwater and surface water, and makes evident the Legislature's intent that groundwater rights be considered a part of the overall water appropriation scheme, subject to the paramount rule of `first in…”
Postema v. Pollution Control Hearings Board (2000) wash · cites it 3× “RCW 90.44.030. This statute “emphasizes the potential connections between groundwater and surface water, and makes evident the Legislature’s intent that groundwater rights be considered a part of the overall water appropriation scheme, subject to the paramount rule of ‘first in…”
Rettkowski v. Department of Ecology (1993) wash · cites it 4× “NOTES [1] Ecology also claims that RCW 90.44.030 explicitly gives priority to surface water appropriators vis-a-vis groundwater appropriators.”
Richard A. Fox And Marnie B. Fox, Apps. v. Skagit County, Res. (2016) washctapp “RCW 90.44.030 (emphasis added). Water obtained under RCW 90.”
Squaxin Island Tribe v. Department of Ecology (2013) washctapp “RCW 90.44.030; see also Swinomish Indian Tribal Cmty.”
Hubbard v. Department of Ecology (1997) washctapp “RCW 90.44.030; Rettkowski, 122 Wn.2d at 226 n.”
Magdalena T. Bassett v. Washington State Department Of Ecology (2019) washctapp “It additionally contends that the CBA and LBA analysis were optional because the Dungeness Rule was not a significant legislative rule.”
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