Revised Code of Washington

Wash. Rev. Code § 90.44.052 (2026)

✓ current as of May 2026

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(1) On a pilot project basis, the use of water for domestic use in clustered residential developments is exempt as described in subsection (2) of this section from the permit requirements of RCW 90.44.050 in Whitman county. The department must review the use of water under this section and its impact on water resources in the county and maintain information regarding the pilot project on its website.

(2) For the pilot project, the domestic use of water for a clustered residential development is exempt from the permit requirements of RCW 90.44.050 for an amount of water that is not more than one thousand two hundred gallons a day per residence for a residential development that has an overall density equal to or less than one residence per ten acres and a minimum of six homes.

(3) No new right to use water may be established for a clustered development under this section where the first residential use of water for the development begins after December 31, 2015.

[ 2014 c 76 s 10; 2003 c 307 s 2.]

Notes of Decisions

Cited in 5 cases, 2005–2016 · leading case: Five Corners Fam. Farmers v. State, 268 P.3d 892 (Wash. 2011).

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Five Corners Fam. Farmers v. State, 268 P.3d 892 (Wash. 2011). · cites it 2× “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…”

Whatcom Cnty. v. W. Washington Growth Mgmt. Hearings Bd., 381 P.3d 1 (Wash. 2016). “To be eligible to utilize a permit-exempt well, the withdrawal of groundwater must be “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…”

Whatcom Cnty. v. W. Wash. Growth Mgmt. Hr'gs Bd. (Wash. 2016). “The AG Opinion states, 3 To be eligible to utilize a permit-exempt well, the withdrawal of groundwater must be "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…”

Ago (Wash. Att'y Gen. 2005). “122, 1; and (2) the phrase "or as provided in RCW 90.44.052", in the first proviso. This phrase was added in 2003 when RCW 90.”

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