[Vision2020] Comment Period for Stateline Development Expires Thursday

[Chris Storhok]

Mark, Phil,

 You and your groups will find that Washington State law is really clear on
the issue of replacement of water rights:



 


RCW 90.44.100


Amendment to permit or certificate - Replacement or new additional wells... 

 

(1) After an application to, and upon the issuance by the department of an
amendment to the appropriate permit or certificate of ground water right,
the holder of a valid right to withdraw public ground waters may, without
losing the holder's priority of right, construct wells or other means of
withdrawal at a new location in substitution for or in addition to those at
the original location, or the holder may change the manner or the place of
use of the water.

     (2) An amendment to construct replacement or a new additional well or
wells at a location outside of the location of the original well or wells or
to change the manner or place of use of the water shall be issued only after
publication of notice of the application and findings as prescribed in the
case of an original application. Such amendment shall be issued by the
department only on the conditions that: (a) The additional or replacement
well or wells shall tap the same body of public ground water as the original
well or wells; (b) where a replacement well or wells is approved, the use of
the original well or wells shall be discontinued and the original well or
wells shall be properly decommissioned as required under chapter 18.104
<http://apps.leg.wa.gov/RCW/default.aspx?cite=18.104>  RCW; (c) where an
additional well or wells is constructed, the original well or wells may
continue to be used, but the combined total withdrawal from the original and
additional well or wells shall not enlarge the right conveyed by the
original permit or certificate; and (d) other existing rights shall not be
impaired. The department may specify an approved manner of construction and
shall require a showing of compliance with the terms of the amendment, as
provided in RCW 90.44.080
<http://apps.leg.wa.gov/RCW/default.aspx?cite=90.44.080>  in the case of an
original permit.

     (3) The construction of a replacement or new additional well or wells
at the location of the original well or wells shall be allowed without
application to the department for an amendment. However, the following apply
to such a replacement or new additional well: (a) The well shall tap the
same body of public ground water as the original well or wells; (b) if a
replacement well is constructed, the use of the original well or wells shall
be discontinued and the original well or wells shall be properly
decommissioned as required under chapter 18.104
<http://apps.leg.wa.gov/RCW/default.aspx?cite=18.104>  RCW; (c) if a new
additional well is constructed, the original well or wells may continue to
be used, but the combined total withdrawal from the original and additional
well or wells shall not enlarge the right conveyed by the original water use
permit or certificate; (d) the construction and use of the well shall not
interfere with or impair water rights with an earlier date of priority than
the water right or rights for the original well or wells; (e) the
replacement or additional well shall be located no closer than the original
well to a well it might interfere with; (f) the department may specify an
approved manner of construction of the well; and (g) the department shall
require a showing of compliance with the conditions of this subsection (3).

     (4) As used in this section, the "location of the original well or
wells" is the area described as the point of withdrawal in the original
public notice published for the application for the water right for the
well.




Good Luck,

Chris S.

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