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

Wash. Rev. Code § 90.44.050 (2026)

Permit to withdraw

✓ current as of May 2026
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After June 6, 1945, no withdrawal of public groundwaters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed, unless an application to appropriate such waters has been made to the department and a permit has been granted by it as herein provided: EXCEPT, HOWEVER, That any withdrawal of public groundwaters for stock-watering purposes, or for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area, or for single or group domestic uses in an amount not exceeding five thousand gallons a day, or as provided in RCW 90.44.052, or for an industrial purpose in an amount not exceeding five thousand gallons a day, is and shall be exempt from the provisions of this section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter: PROVIDED, HOWEVER, That the department from time to time may require the person or agency making any such small withdrawal to furnish information as to the means for and the quantity of that withdrawal: PROVIDED, FURTHER, That at the option of the party making withdrawals of groundwaters of the state not exceeding five thousand gallons per day, applications under this section or declarations under RCW 90.44.090 may be filed and permits and certificates obtained in the same manner and under the same requirements as is in this chapter provided in the case of withdrawals in excess of five thousand gallons a day.
[ 2003 c 307 s 1; 1987 c 109 s 108; 1947 c 122 s 1; 1945 c 263 s 5; Rem. Supp. 1947 s 7400-5.]

Notes:

Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Notes of Decisions
Cited in 32 cases (3 in the last 5 years), 1979–2025 · leading case: State, Dept. of Ecology v. Campbell & Gwinn, 43 P.3d 4 (Wash. 2002).
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State, Dept. of Ecology v. Campbell & Gwinn, 43 P.3d 4 (Wash. 2002). · cites it 39× “RCW 90.44.050 provides an exemption from groundwater permit requirements for withdrawal of groundwater for domestic uses of 5,000 gallons or less per day.”
Dep't of Ecology v. Campbell & Gwinn, L.L.C., 146 Wash. 2d 1 (Wash. 2002). · cites it 38× “— RCW 90.44.050 provides an exemption from groundwater permit requirements for withdrawal of groundwater for domestic uses of 5,000 gallons or less per day.”
Five Corners Fam. Farmers v. State, 268 P.3d 892 (Wash. 2011). · cites it 30× “RCW 90.44.050. The statute also provides exemptions from the permit requirement for certain uses.”
Richard A. Fox & Marnie B. Fox, Apps. v. Skagit Cnty., Res., 372 P.3d 784 (Wash. Ct. App. 2016). · cites it 22× “We conclude that a permit-exempt well under RCW 90.44.050 is subject to the prior appropriation doctrine and therefore may be limited by senior water rights, including the instream flow rule.”
Kittitas Cnty. v. E. Washington Growth Mgmt. Hearings Bd., 256 P.3d 1193 (Wash. 2011). · cites it 14× “contrary to the GMA's requirements to protect water quality and quantity.”
Whatcom Cnty. v. W. Washington Growth Mgmt. Hearings Bd., 381 P.3d 1 (Wash. 2016). · cites it 4× “for single or group domestic uses in an amount not exceeding five thousand gallons a day ... is and shall be exempt from the provisions of this section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by a permit…”
Postema v. Pollution Control Hearings Bd., 11 P.3d 726 (Wash. 2000). · cites it 2× “As he points out, RCW 90.44.050 allows domestic and stock watering uses of up to 5,000 gallons without a permit, and WAC 173-508-080(2) (Green-Duwamish River Basin, WRIA 8, rule), exempts domestic use of water for a single family dwelling even where withdrawal is from a stream…”
Postema v. Pollution Control Hearings Bd., 142 Wash. 2d 68 (Wash. 2000). · cites it 2× “As he points out, RCW 90.44.050 allows domestic and stock watering uses of up to 5,000 gallons without a permit, and WAC 173-508-080(2) (GreenDuwamish River Basin, WRIA 8, rule), exempts domestic use of water for a single family dwelling even where withdrawal is from a stream…”
Hillis v. Dep't of Ecology, 131 Wash. 2d 373 (Wash. 1997). · cites it 2× “RCW 90.44.050. However, the record reflects that the Hillis applications for water seek far in excess of that amount.”
Hillis v. State, Dept. of Ecology, 932 P.2d 139 (Wash. 1997). · cites it 2× “RCW 90.44.050. However, the record reflects that the Hillis applications for water seek far in excess of that amount.”
State, Dept. of Ecology v. Theodoratus, 957 P.2d 1241 (Wash. 1998). · cites it 2× “RCW 90.44.050; 90.03.250. The applicant may ask permission to drill wells and construct a water delivery system.”
Dep't of Ecology v. Theodoratus, 135 Wash. 2d 582 (Wash. 1998). · cites it 2× “RCW 90.44.050; 90.03.250. The applicant may ask permission to drill wells and construct a water delivery system.”
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