Wash. Rev. Code § 90.14.130

Current through the 2024 Regular Session

Section 90.14.130 - Reversion of rights to state due to nonuse-Notice by order-Relinquishment determinations-Appeal

When it appears to the department of ecology that a person entitled to the use of water has not beneficially used his or her water right or some portion thereof, and it appears that said right has or may have reverted to the state because of such nonuse, as provided by RCW 90.14.160, 90.14.170, or 90.14.180, the department of ecology shall notify such person by order: PROVIDED, That where a company, association, district, or the United States has filed a blanket claim under the provisions of *RCW 90.14.060 for the total benefits of those served by it, the notice shall be served on such company, association, district or the United States and not upon any of its individual water users who may not have used the water or some portion thereof which they were entitled to use. The order shall contain:

(1) A description of the water right, including the approximate location of the point of diversion, the general description of the lands or places where such waters were used, the water source, the amount involved, the purpose of use, and the apparent authority upon which the right is based;

(2) a statement that unless sufficient cause be shown on appeal the water right will be declared relinquished; and

(3) a statement that such order may be appealed to the pollution control hearings board. Any person aggrieved by such an order may appeal it to the pollution control hearings board pursuant to RCW 43.21B.310. The order shall be served by registered or certified mail to the last known address of the person and be posted at the point of division or withdrawal. The order by itself shall not alter the recipient's right to use water, if any.

RCW 90.14.130

2013 c 23 § 607; 1987 c 109 § 13; 1967 c 233 § 13.

*Reviser's note: RCW 90.14.060 was repealed by 1969 ex.s. c 284 s 23, which act added new sections relating to the registration of claims for water rights as codified in this chapter.

Purpose-Short title-Construction-Rules-Severability-Captions-1987 c 109: See notes following RCW 43.21B.001.

Proceedings under this section deemed adjudicative-Application of RCW sections to specific proceedings: RCW 90.14.200.