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

Wash. Rev. Code § 90.44.060 (2026)

Laws governing withdrawal

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
Applications for permits for appropriation of underground water shall be made in the same form and manner provided in RCW 90.03.250 through 90.03.340, as amended, the provisions of which sections are hereby extended to govern and to apply to groundwater, or groundwater right certificates and to all permits that shall be issued pursuant to such applications, and the rights to the withdrawal of groundwater acquired thereby shall be governed by RCW 90.03.250 through 90.03.340, inclusive: PROVIDED, That each application to withdraw public groundwater by means of a well or wells shall set forth the following additional information: (1) the name and post office address of the applicant; (2) the name and post office address of the owner of the land on which such well or wells or works will be located; (3) the location of the proposed well or wells or other works for the proposed withdrawal; (4) the groundwater area, sub-area, or zone from which withdrawal is proposed, provided the department has designated such area, sub-area, or zone in accord with RCW 90.44.130; (5) the amount of water proposed to be withdrawn, in gallons a minute and in acre feet a year, or millions of gallons a year; (6) the depth and type of construction proposed for the well or wells or other works: AND PROVIDED FURTHER, That any permit issued pursuant to an application for constructing a well or wells to withdraw public groundwater may specify an approved type and manner of construction for the purposes of preventing waste of said public waters and of conserving their head.
[ 1987 c 109 s 109; 1945 c 263 s 6; Rem. Supp. 1945 s 7400-6.]

Notes:

Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Notes of Decisions
Cited in 20 cases, 1984–2018 · leading case: Dep't of Ecology v. Campbell & Gwinn, L.L.C., 146 Wash. 2d 1 (Wash. 2002).
Sort: Relevance Newest Treatment
Dep't of Ecology v. Campbell & Gwinn, L.L.C., 146 Wash. 2d 1 (Wash. 2002). · cites it 4× “RCW 90.44.060 provides that groundwater applications shall be made in the same way as provided in the surface water code in RCW 90.”
State, Dept. of Ecology v. Campbell & Gwinn, 43 P.3d 4 (Wash. 2002). · cites it 4× “Thus, before a groundwater permit may be issued to a private party seeking to appropriate groundwater, Ecology must investigate and affirmatively find (1) that water is available, (2) for a beneficial use, and that (3) an appropriation will not impair existing rights or (4) be…”
R.D. Merrill Co. v. Pollution Control Hearings Bd., 969 P.2d 458 (Wash. 1999). · cites it 5× “RCW 90.44.060. A holder’s right under a permit to appropriate water is an inchoate right, which is “ ‘an incomplete appropriative right in good standing’ ” which “ ‘remains in good standing so long as the requirements of law are being fulfilled.”
Postema v. Pollution Control Hearings Bd., 11 P.3d 726 (Wash. 2000). · cites it 2× “See RCW 90.44.060 (providing that groundwater applications shall be made as provided for in RCW 90.”
Postema v. Pollution Control Hearings Bd., 142 Wash. 2d 68 (Wash. 2000). · cites it 2× “See RCW 90.44.060 (providing that groundwater applications shall be made as provided for in RCW 90.”
State, Dept. of Ecology v. Theodoratus, 957 P.2d 1241 (Wash. 1998). · cites it 2× “Surface water provisions must also be examined because RCW 90.44.060 provides that statutes concerning surface water appropriations, RCW 90.”
Dep't of Ecology v. Theodoratus, 135 Wash. 2d 582 (Wash. 1998). · cites it 2× “Surface water provisions must also be examined because RCW 90.44.060 provides that statutes concerning surface water appropriations, RCW 90.”
Five Corners Fam. Farmers v. State, 268 P.3d 892 (Wash. 2011). “¶13 Accordingly, Appellants all possess standing to challenge the Department’s interpretation of RCW 90.44.050 that allows Easterday to withdraw over 5,000 gallons of water per day without obtaining a permit.”
Pub. Util. DIST. v. State, Dept. of Ecology, 51 P.3d 744 (Wash. 2002). “290 (incorporated by RCW 90.44.060)). RCW 90.03.290, concerning applications for new permits to appropriate surface waters, expressly requires Ecology to consider the public interest when determining whether to issue a permit.”
Pub. Util. Dist. No. 1 v. Dep't of Ecology, 146 Wash. 2d 778 (Wash. 2002). “290 (incorporated by RCW 90.44.060)). RCW 90.03.290, concerning applications for new permits to appropriate surface waters, expressly requires Ecology to consider the public interest when determining whether to issue a permit.”
Hallauer v. Spectrum Props., Inc., 18 P.3d 540 (Wash. 2001). “One seeking a water right in this state must apply for a permit, which may be issued only if the Department finds (1) that water is available, (2) for a beneficial use, and that (3) an appropriation will not impair existing rights, or (4) be detrimental to the public welfare.”
Hallauer v. Spectrum Props., Inc., 143 Wash. 2d 126 (Wash. 2001). “One seeking a water right in this state must apply for a *143 permit, which may be issued only if the Department finds (1) that water is available, (2) for a beneficial use, and that (3) an appropriation will not impair existing rights or (4) be detrimental to the public…”
Show all 20 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.