Coordinated Water System Plan - Kitsap County Government

8.3 Water Rights
8.3.1 Types of Water Rights
Kitsap County May 9, 2005
Coordinated Water System Plan
Regional Supplement 2005 Revision
This discussion of water rights includes only recorded rights established under the permit
system as provided in the Surface Water Code of 1917 (Chapter 90.03 RCW) and the
Ground Water Code of 1945 (Chapter 90.44 RCW). Three other types of water rights
must also be recognized.
One type is a claim to a vested right established through actual development and use of
surface water before 1917 and ground water prior to 1945. In order to retain such a right,
the owner or right holder was required to file a claim under the "Registration Claims
Act" of 1969 for usage that preceded the dates of the surface and ground water rights
acts. Such claims are recorded in Ecology's water right claims registry. Most claims
have not been evaluated as to their validity. Several factors, including use prior to 1917
for surface water and 1945 for groundwater, must be established to certify a claim’s
validity. Continued, beneficial use is required to maintain each claim’s validity.
A second type is a right established under a permit exemption provision of the ground
water code where not more than 5,000 gallons of ground water a day have been
developed and used, observing certain restrictions. Wells for individual homes and very
small systems (e.g., six or fewer homes) usually fall into this category. Some effort has
been made to estimate the quantity of water withdrawn by exempt wells (i.e., Kitsap
Basin (WRIA 15) Watershed Planning, Level 1 Assessment).
The third type is federal water rights for such purposes as military reservations and tribal
reservations (e.g., treaty rights).
In Kitsap County, claims and exempt wells are numerous and may constitute a significant
percentage of the total authorized use of ground water within the county’s geographic
area. Unfortunately, the validity, and actual quantity of water used or obligated under
these two types of water rights are unknown. Quantification of such rights can only be
determined with certainty through a general adjudication of water rights (see RCW
90.03.110 through RCW 90.03.245, and RCW 90.44.220 and 90.44.230). Likewise,
federal water rights have not been quantified.
The multitude of wells being used under claims or the exemption provision of the ground
water code and federal rights must be considered in the Coordinated Water System
Planning process. They will also be a factor in future ground water right application
processing. The ongoing Basin Planning process under the Watershed Planning Act,
Ch.90.82 RCW, may be the most appropriate forum for resolving the associated issues
that develop.
Section 8 - Assessment of Existing Water Systems and Water Supply 8-4