Wash. Rev. Code » Title 90 · Chapter 90.44
Revised Code of Washington

Wash. Rev. Code § 90.44.040 (2026)

Public groundwaters subject to appropriation

✓ current as of May 2026
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Subject to existing rights, all natural groundwaters of the state as defined in RCW 90.44.035, also all artificial groundwaters that have been abandoned or forfeited, are hereby declared to be public groundwaters and to belong to the public and to be subject to appropriation for beneficial use under the terms of this chapter and not otherwise.
[ 1945 c 263 s 4; Rem. Supp. 1945 s 7400-4.]
Notes of Decisions
Cited in 22 cases (4 in the last 5 years), 1969–2025 · leading case: Dep't of Ecology v. Campbell & Gwinn, L.L.C., 146 Wash. 2d 1 (Wash. 2002).
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Dep't of Ecology v. Campbell & Gwinn, L.L.C., 146 Wash. 2d 1 (Wash. 2002). “” RCW 90.44.040; see Hillis v. Dep’t of Ecology, 131 Wn.”
State, Dept. of Ecology v. Campbell & Gwinn, 43 P.3d 4 (Wash. 2002). “" RCW 90.44.040; see Hillis v. Dep't of Ecology, 131 Wash.”
Hillis v. Dep't of Ecology, 131 Wash. 2d 373 (Wash. 1997). · cites it 3× “are hereby declared to be public ground waters and to belong to the public and to be subject to appropriation for beneficial use under the terms of this chapter and not otherwise.” Private individuals may acquire a right to use these public waters by obtaining a water right…”
Hillis v. State, Dept. of Ecology, 932 P.2d 139 (Wash. 1997). · cites it 3× “2d 923 (1996); RCW 90.44.040; see RCW 90.03.010. RCW 90.”
Kittitas Cnty. v. E. Washington Growth Mgmt. Hearings Bd., 256 P.3d 1193 (Wash. 2011). · cites it 2× “Petitioners specifically cite RCW 90.44.040, which provides: Subject to existing rights, all natural groundwaters .”
Olds-Olympic, Inc. v. Com. Union Ins., 918 P.2d 923 (Wash. 1996). · cites it 3× “All of the parties in this case concede the groundwater belonged to the State of Washington, a third party, under RCW 90.44.040 [15] and Article XXI, section 1 of our constitution.”
Olds-Olympic, Inc. v. Com. Union Ins., 129 Wash. 2d 464 (Wash. 1996). · cites it 3× “All of the parties in this case concede the groundwater belonged to the State of Washington, a third party, under RCW 90.44.040 15 and article XXI, section 1 of our constitution.”
Pub. Util. DIST. v. State, Dept. of Ecology, 51 P.3d 744 (Wash. 2002). “030; RCW 90.44.040. In this connection, we disagree with the District's contention that the absence of a savings clause in chapter 90.”
Pub. Util. Dist. No. 1 v. Dep't of Ecology, 146 Wash. 2d 778 (Wash. 2002). “030; RCW 90.44.040. In this connection, we disagree with the District’s contention that the absence of a savings clause in chapter 90.”
Postema v. Pollution Control Hearings Bd., 11 P.3d 726 (Wash. 2000). “" RCW 90.44.040; see Hillis v. Department of Ecology, 131 Wash.”
Postema v. Pollution Control Hearings Bd., 142 Wash. 2d 68 (Wash. 2000). “” RCW 90.44.040; see Hillis v. Dep’t of Ecology, 131 Wn.”
Jensen v. Dep't of Ecology, 685 P.2d 1068 (Wash. 1984). · cites it 2× “See RCW 90.44.040. Appellant argues, however, that the Bureau's water was either abandoned, or else that it lost its identity by virtue of its commingling with naturally occurring groundwater.”
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