Wash. Rev. Code » Title 90 · Chapter 90.54
Revised Code of Washington

Wash. Rev. Code § 90.54.050 (2026)

✓ current as of May 2026
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In conjunction with the programs provided for in RCW 90.54.040(1), whenever it appears necessary to the director in carrying out the policy of this chapter, the department may by rule adopted pursuant to chapter 34.05 RCW:
(1) Reserve and set aside waters for beneficial utilization in the future, and
(2) When sufficient information and data are lacking to allow for the making of sound decisions, withdraw various waters of the state from additional appropriations until such data and information are available. Before proposing the adoption of rules to withdraw waters of the state from additional appropriation, the department shall consult with the standing committees of the house of representatives and the senate having jurisdiction over water resource management issues.
Prior to the adoption of a rule under this section, the department shall conduct a public hearing in each county in which waters relating to the rule are located. The public hearing shall be preceded by a notice placed in a newspaper of general circulation published within each of said counties. Rules adopted hereunder shall be subject to review in accordance with the provisions of RCW 34.05.240.
[ 1997 c 439 s 2; 1997 c 32 s 3; 1988 c 47 s 7; 1971 ex.s. c 225 s 5.]

Notes:

Reviser's note: This section was amended by 1997 c 32 s 3 and by 1997 c 439 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
WAC 173-563-015—Validity—1997 c 439: "WAC 173-563-015 as it existed prior to July 27, 1997, is void." [ 1997 c 439 s 1.]
Application—1988 c 47: See note following RCW 90.54.030.
Notes of Decisions
Cited in 6 cases, 2011–2019 · leading case: Swinomish Indian Tribal Cmty. v. Dep't of Ecology, 311 P.3d 6 (Wash. 2013).
Sort: Relevance Newest Treatment
Swinomish Indian Tribal Cmty. v. Dep't of Ecology, 311 P.3d 6 (Wash. 2013). · cites it 4× “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.”
Five Corners Fam. Farmers v. State, 268 P.3d 892 (Wash. 2011). “130 (permit-exempt use *311 cannot impair senior water rights); RCW 90.54.050(2) (Department may close groundwater bodies to new appropriations); cf.”
Squaxin Island Tribe v. Dep't of Ecology, 312 P.3d 766 (Wash. Ct. App. 2013). “RCW 90.54.050 provides that whenever it appears necessary to the director in carrying out the policy of this chapter, Ecology may by rule withdraw various waters from additional appropriations until sufficient information and data are available to make sound decisions.”
Magdalena T. Bassett v. Washington State Dep't Of Ecology, 438 P.3d 563 (Wash. Ct. App. 2019). · cites it 3× “345; RCW 90.54.050; RCW 90.82.080. Unlike MIFs, reservations involve withdrawal of water for out-of-stream use.”
Ctr. For Env't Law & Policy v. State Of Washington, 444 P.3d 622 (Wash. Ct. App. 2019). · cites it 2× “” RCW 90.54.050. In 2002, the legislature enacted a new section of the WRA in which it “recognize[d] the critical importance of providing and securing sufficient water to meet the needs of people, farms, and fish.”
Swinomish Indian Tribal Comm'y v. Dep't of Ecology (Wash. 2013). · cites it 4× “RCW 90.54.050 authorizes Ecology to reserve and set aside, through administrative rules, water for future beneficial use in conjunction with programs provided for in RCW 90.”
— Wash. Rev. Code § 90.54.050(1) — 1 case
Magdalena T. Bassett v. Washington State Dep't Of Ecology, 438 P.3d 563 (Wash. Ct. App. 2019). “345; RCW 90.54.050; RCW 90.82.080. Unlike MIFs, reservations involve withdrawal of water for out-of-stream use.”
— Wash. Rev. Code § 90.54.050(2) — 1 case
Five Corners Fam. Farmers v. State, 268 P.3d 892 (Wash. 2011). “130 (permit-exempt use *311 cannot impair senior water rights); RCW 90.54.050(2) (Department may close groundwater bodies to new appropriations); cf.”
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