WRIA 62 WMP 032305 - Washington State Department of Ecology

March, 2005 -71- 023-1289-003.3040
4.4 Background and Rationale for Water Rights Issues
The following sections provide background information for the water rights issues.
4.4.1 WR-1 Background and Rationale
Problem Statement: There is currently limited opportunity for the local community to provide
recommendations to the Department of Ecology in the processing of water rights transfers,
changes, applications and relinquishments.
Since many of the tributaries in WRIA 62 are subject to Surface Water Source Limitations (SWSLs)
(see Section 4.1.1), the Planning Unit members discussed options to promote water conservation and
to encourage water rights holders to relinquish, sell or bank their water rights in order to free-up
additional water.
The Planning Unit acknowledged that the “use-it or lose-it” time frame (Chapter 90.14 RCW) for
water rights, particularly irrigation water rights, does not encourage water conservation since if the
water right is not put to beneficial use for a five year time span, the water right becomes invalid.
Therefore the water right holder may use the water even though the water is not essential for the
designated purpose of use in order to maintain the validity of the right.
Water rights in Washington are maintained through the beneficial use of water allotted through that
water right. Under this system, when a water right is not “used” for a period of time, the right to that
water can be lost. This system was developed in order to ensure that water resources are put to the
highest beneficial use possible, to provide maximum benefit to Washington’s citizens. Therefore, if a
water right holder is not using water allotted to him, and someone else needs the water, the water
right holder’s right to the water that he is not using may be relinquished in order to make it available
for another beneficial use.
The water right relinquishment, or “use it or lose it” rule is recorded in Chapter 90.14 RCW, which
states,
“any person hereafter entitled to divert or withdraw waters of the State through an
appropriation…who abandons or voluntarily fails, without sufficient cause, to beneficially
use all or any part of said right for a period of five successive years shall relinquish such
right or portion thereof, and such right shall revert back to the State.”
The definition of beneficial uses of water is recorded in RCW 90.54.020. The statute allows the
following beneficial uses of water: domestic, stock watering, industrial, commercial, agricultural,
irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement,
recreational, and thermal power production purposes, and preservation of environmental and aesthetic
values, and all other uses compatible with the enjoyment of the public waters of the state.
The water allocation versus water use assessment for WRIA 62 (Golder, 2005) indicates that about
104,000 AF/yr of water in WRIA 62 is allocated to agricultural irrigation but only about 1,500 AF/yr
is currently being used. Strategy WR1-2 is designed to consider legislative action to encourage
owners of inactive irrigation rights to sell, bank, lease or relinquish their water rights so that the water
can be used beneficially. At present, there is no incentive for holders of inactive irrigation rights to
do so. The Watershed Planning Unit identified pros and cons associated with increasing the “use-it or
lose-it” time frame from five to twenty years.
WRIA 62 WMP 032305