Water Right, New

(Permit to Withdraw or Divert Surface or Groundwater)

What is the Purpose of this Permit?

The waters of Washington State collectively belong to the public and cannot be owned by any one individual or group. Instead, individuals or groups may be granted rights to use them. A water right is a legal authorization to use a predefined quantity of public water for a designated purpose. This purpose must qualify as a beneficial use. Beneficial use involves the application of a reasonable quantity of water to a non-wasteful use, such as irrigation, domestic water supply, or power generation, to name a few. An average household uses about 300 gallons of water per day.

State law requires certain users of public waters to receive approval from the state prior to using water - in the form of a water right permit or certificate. Any use of surface water (lakes, ponds, rivers, streams, or springs) which began after the state water code was enacted in 1917 requires a water-right permit or certificate. Likewise, withdrawals of underground (ground) water from 1945 onward, when the state groundwater code was enacted, require a water right permit or certificate - unless the use is specifically exempt from state permitting requirements. While "exempt" groundwater uses are excused from needing a state permit, they still are considered to be water rights.

All groundwater withdrawals require a water right permit or certificate, with the following exceptions:

• Stock watering.
• Single or group domestic purposes using less than 5,000 gallons per day.
• Industrial purposes using less than 5,000 gallons per day.
• Watering a lawn or non-commercial garden that is not larger than one-half acre.

Who issues this Permit?

Department of Ecology

What Activities Require this Permit?

To withdraw water and put it to beneficial use except as listed above.

How Much Will this Permit Cost?

Application: Varies depending on amount of water, $50 minimum. The fee to appropriate new water will be assessed at the rate of $1 per one hundredth cubic foot per second (cfs), and the fee for new water-storage projects will be $2 per acre-foot of storage. The maximum application fee to appropriate or store water is $25,000.

Do I Need to Include Anything with my Application?

Complete and submit the pre-application form:

• Download and complete the Pre-Application Consultation Form. Do your best to complete all sections of the form and we will discuss any incomplete sections at the pre-application consultation meeting.
• E-mail the completed form to wrPreApp@ecy.wa.gov. If you cannot e-mail to us, mail the completed form to the appropriate regional office.
• Wait for Ecology to contact you to schedule a pre-application meeting or phone call if you can't travel to a regional office. Our goal is to contact you within 48 hours. In most cases, a meeting will be held within 10 business days following the submission of the pre-application consultation form.

Is the Decision on my Permit Dependent on Anything Besides the Information in my Application?

The purpose of the pre-application meeting is for us to learn more about your proposed project and to provide you with information about:

• Water availability.
• The status of pending applications.
• Anticipated processing timelines.
• Application requirements, fees, and information needs.
• Water resources regulations specific to your location.
• Alternatives.
• Qualifications for priority processing.
• Cost reimbursement options.
• Ecology contacts.

How Long Will it Take to Review my Application?

Where do I Submit my Application?

E-mail the completed form to wrPreApp@ecy.wa.gov. If you cannot e-mail to us, mail the completed form to the appropriate regional office.

Schematic:

schematic

How Long is my Permit Valid?

A water right permit must be put to use within a timeframe specified by the permit's development schedule. Once the permit has been put to use, the state may issue a Certificate of Water Right. A Water Right Certificate is a property right and will remain in good standing as long as use continues. A water right may lapse if there is a prolonged period of nonuse, (generally five years) unless there is good cause.

What is the Appeal Process for the Permit?

An applicant or any interested party may appeal a decision by Ecology to issue or deny a permit to the Pollution Control Hearings Board.

Notes / Comments:

• Application for a Water Right form

Legal Authority:

• Chapter 90.03 RCW
• Chapter 90.44 RCW

Links:

• Frequently Asked Questions - Water Rights in Washington
• Water Right Fees
• Water Right Pre-Application Consultation Form

Statewide Contact:

* Permit information last updated 1/3/2013.