WRIA 62 WMP 032305 - Washington State Department of Ecology

March, 2005 -30- 023-1289-003.3040
3.4 Water Rights
The water rights issues addressed within this management plan are defined by the following problem
statements. The Revised Code of Washington (RCW) justifying inclusion of the issues within this
plan are noted for each issue.
WR-1: 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. [RCW 90.82.005; RCW 90.82.010; RCW
90.82.030(1); RCW 90.82.040 Notes: Findings-2003 1 st sp.s.c 4; RCW 90.82.040 Notes: Finding-
Intent-2001 c 237; RCW 90.82.070(2)&(3)].
WR-2: When future minimum instream flows are established, any new water rights that are
junior to the minimum instream flows may be restricted when minimum instream flows are not
met. There is a need to quantify water available for future allocation and/or reservation.
[RCW 90.82.005; RCW 90.82.010; RCW 90.82.030(1); RCW 90.82.040 Notes: Findings-2003 1 st
sp.s.c 4; RCW 90.82.040 Notes: Finding-Intent-2001 c 237; RCW 90.82.070(1)(g)&(2); RCW
90.82.120].
The following sections further develop these water rights issues. Background information is included
in Chapter 4. A summary of the water rights issues, actions and responsible parties is provided in
Table 3-4.
3.4.1 WR-1
Problem State ment: 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.
Goal: To ensure water rights transfers, changes, applications and relinquishments are processed with
community input and in a timely fashion.
Statute Justification: RCW 90.82.005; RCW 90.82.010; RCW 90.82.030(1); RCW 90.82.040
Notes: Findings-2003 1 st sp.s.c 4; RCW 90.82.040 Notes: Finding-Intent-2001 c 237; RCW
90.82.070(2)&(3).
Management Action(s):
WR 1-1 The Watershed Planning Implementing Body will:
a) Coordinate with WRIA 55 (the Little Spokane River watershed); and,
b) Evaluate the future need for a regional Spokane / Pend Oreille County Water
Conservancy Board and/or Water Trust / Bank.
WR 1-2 The Watershed Planning Unit recommends that the Legislature allocate funds to
provide financial incentives to those who wish to relinquish unused allocated water.
WR 1-3 The Watershed Planning Implementing Body will evaluate the need to recommend to
the Legislature a change in the “use-it or lose-it” time frame (Chapter 90.14 RCW)
for water rights from 5 years to 20 years. This would involve a statute change to
Chapter 90.14 RCW.
WRIA 62 WMP 032305