Wash. Rev. Code » Title 90 · Chapter 90.44

Wash. Rev. Code § 90.44.220

Petition to conduct an adjudication to determine rights to water

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Upon the filing of a petition with the department by a planning unit or by one or more persons claiming a right to any waters within the state or when, after investigation, in the judgment of the department, the public interest will be served by a determination of the rights thereto, the department shall file a petition to conduct an adjudication with the superior court of the county for the determination of the rights of appropriators of any particular groundwater body and all the provisions of RCW 90.03.110 through 90.03.240 and 90.03.620 through 90.03.645, shall govern and apply to the adjudication and determination of such groundwater body and to the ownership thereof. Hereafter, in any proceedings for the adjudication and determination of water rights—either rights to the use of surface water or to the use of groundwater, or both—pursuant to chapter 90.03 RCW, all appropriators of groundwater or of surface water in the particular basin or area may be included as parties to such adjudication, as set forth in chapter 90.03 RCW.
[ 2009 c 332 s 17; 1987 c 109 s 119; 1945 c 263 s 17; Rem. Supp. 1945 s 7400-17.]

Notes:

Application—2009 c 332: See note following RCW 90.03.110.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Additional powers and duties enumerated—Payment from reclamation account: RCW 89.16.055.
Application of RCW sections to specific proceedings: RCW 90.14.200.
Determination of water rights
scope: RCW 90.03.245.
state to bear its expenses incurred in and on appeal: RCW 90.03.243.
Notes of Decisions
Cited in 4 cases, 1996–2015 · 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× “RCW 90.44.220 authorizes Ecology to apply to court for an adjudication of all rights in a particular groundwater body.”
State, Dept. of Ecology v. Campbell & Gwinn (2002) wash · cites it 2× “180 and RCW 90.44.220 permit Ecology to conduct hearings or bring actions in superior court to control excessive withdrawals.”
Rettkowski v. Department of Ecology (1996) wash · cites it 2× “240 and RCW 90.44.220. The Department asserted it had only regulated existing water rights based on seniority under its authority in RCW 90.”
Foster v. Department of Ecology (2015) wash “) RCW 90.44.220 and .230 authorize Ecology to file a petition in superior court for a “determination of the right to withdrawal of groundwater .”
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