Revised Code of Washington

Wash. Rev. Code § 90.80.005 (2026)

Findings

✓ current as of May 2026
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The legislature finds:
(1) Voluntary water right transfers can reallocate water use in a manner that will result in more efficient use of water resources;
(2) Voluntary water right transfers can help alleviate water shortages, save capital outlays, reduce development costs, and provide an incentive for investment in water conservation efforts by water right holders; and
(3) The state should expedite the administrative process for water right transfers by authorizing the establishment of water conservancy boards.
[ 2001 c 237 s 6; 1997 c 441 s 1.]

Notes:

FindingIntentSeverabilityEffective date2001 c 237: See notes following RCW 90.82.040.
Intent2001 c 237: See note following RCW 90.66.065.
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2019–2024 · leading case: Crown West Realty, LLC v. Pollution Control Hearings Bd., 435 P.3d 288 (Wash. Ct. App. 2019).
Crown West Realty, LLC v. Pollution Control Hearings Bd., 435 P.3d 288 (Wash. Ct. App. 2019). “RCW 90.80.005, .070. The application must include information sufficient to establish to the Conservancy Board’s satisfaction that a right to the quantity of water being transferred exists and a description of any applicable limitations on the right to use water, including the…”
Benton Cnty. Water Conservancy Bd. v. Dep't of Ecology (Wash. Ct. App. 2023). “See RCW 90.80.005, .020, .030, .070. All board decisions are subject to approval by the Department of Ecology.”
Benton Cnty. Water Conservancy Bd. v. Dep't of Ecology (Wash. 2024). “” RCW 90.80.005(3), .020(1), .060(2). Boards hold largely the same authority as the Department to review water right transfer applications, subject to the Department’s mandatory oversight.”
— Wash. Rev. Code § 90.80.005(3) — 1 case
Benton Cnty. Water Conservancy Bd. v. Dep't of Ecology (Wash. 2024). “” RCW 90.80.005(3), .020(1), .060(2). Boards hold largely the same authority as the Department to review water right transfer applications, subject to the Department’s mandatory oversight.”
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