Wash. Rev. Code § 90.54.040

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(1) The department, through the adoption of appropriate rules, is directed, as a matter of high priority to insure that the waters of the state are utilized for the best interests of the people, to develop and implement in accordance with the policies of this chapter a comprehensive state water resources program which will provide a process for making decisions on future water resource allocation and use. The department may develop the program in segments so that immediate attention may be given to waters of a given physioeconomic region of the state or to specific critical problems of water allocation and use.

(2) In relation to the management and regulatory programs relating to water resources vested in it, the department is further directed to modify existing regulations and adopt new regulations, when needed and possible, to insure that existing regulatory programs are in accord with the water resource policy of this chapter and the program established in subsection (1) of this section.

(3) The department is directed to review all statutes relating to water resources which it is responsible for implementing. When any of the same appear to the department to be ambiguous, unclear, unworkable, unnecessary, or otherwise deficient, it shall make recommendations to the legislature including appropriate proposals for statutory modifications or additions. Whenever it appears that the policies of any such statutes are in conflict with the policies of this chapter, and the department is unable to fully perform as provided in subsection (2) of this section, the department is directed to submit statutory modifications to the legislature which, if enacted, would allow the department to carry out such statutes in harmony with this chapter.

[ 1997 c 32 s 2; 1988 c 47 s 5; 1971 ex.s. c 225 s 4.]

Notes:

Application—1988 c 47: See note following RCW 90.54.030.

Notes of Decisions

Cited in 17 cases, 1997–2019 · leading case: Whatcom County v. Western Washington Growth Management Hearings Board

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Whatcom County v. Western Washington Growth Management Hearings Board (2016) wash · cites it 5× “RCW 90.54.040. At this time, the legislature also made *671 Ecology the primary administrator of chapter 90.”

Postema v. Pollution Control Hearings Bd. (2000) wash · cites it 2× “" RCW 90.54.040 authorizes Ecology to establish by rule a comprehensive state water resources program for making future water allocation and use decisions.”

Swinomish Indian Tribal Community v. Department of Ecology (2013) wash · cites it 2× “040(1) directs that through the adoption of appropriate rules Ecology is to develop and implement a comprehensive water resources program that will provide a process for future decisions on water resource allocation and use.”

Postema v. Pollution Control Hearings Board (2000) wash “090(7), (11) (authority to promulgate rules respecting future water use); RCW 90.54.040 (authority to adopt rules related to future allocation decisions to implement intent of Water Resources Act of 1971); RCW 90.”

Lummi Indian Nation v. State (2010) wash “82 RCW, or a comprehensive watershed plan adopted under RCW 90.54.040(1) after September 9,2003, if such a watershed plan has been approved for the area.”

Wells Fargo Bank, NA v. Department of Revenue (2012) washctapp “010 and RCW 90.54.040, or to initiate an adjudication among water right holders under RCW 90.”

Center for Environmental Law & Policy v. Department of Ecology (2016) washctapp “WAC 173-549-020(2) establishes the minimum instream flows for the Similkameen River. And, WAC 173-549-020(5) provides a minimum instream flow exception for hydroelectric projects such as the PUD’s that are consumptive for only a portion of the stream’s length.”

Muckleshoot Indian Tribe v. Department of Ecology (2002) washctapp “010 and RCW 90.54.040, or to initiate an adjudication among water right holders under RCW 90.”

Hubbard v. Department of Ecology (1997) washctapp · cites it 2× “RCW 90.54.040. Pursuant to this directive, Ecology is required to investigate, process and rule on all applications to divert public water.”

Squaxin Island Tribe v. Department of Ecology (2013) washctapp “” RCW 90.54.040(1). 11 And RCW 90.54-.040(2) directs Ecology to modify existing and adopt new regulations when needed and possible.”

Lummi Indian Nation v. State (2010) wash “82 RCW, or a comprehensive watershed plan adopted under RCW 90.54.040(1) after September 9, 2003, if such a watershed plan has been approved for the area.”

Magdalena T. Bassett v. Washington State Department Of Ecology (2019) washctapp · cites it 3× “Accordingly, they argue that DOE’s closure of the basin based on its affirmative findings that water is unavailable exceeded its statutory authority. We disagree. DOE has authority to close streams to further appropriation.”

Show all 17 citing cases →

— Wash. Rev. Code § 90.54.040(1) — 10 cases

Whatcom County v. Western Washington Growth Management Hearings Board (2016) wash “RCW 90.54.040. At this time, the legislature also made *671 Ecology the primary administrator of chapter 90.”

Swinomish Indian Tribal Community v. Department of Ecology (2013) wash “040(1) directs that through the adoption of appropriate rules Ecology is to develop and implement a comprehensive water resources program that will provide a process for future decisions on water resource allocation and use.”

Lummi Indian Nation v. State (2010) wash “82 RCW, or a comprehensive watershed plan adopted under RCW 90.54.040(1) after September 9, 2003, if such a watershed plan has been approved for the area.”

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