90.03.110 - Determination of water rights -- Petition -- Statement and plan.

Determination of water rights — Petition — Statement and plan.

(1) Upon the filing of a petition with the department by a planning unit or by one or more persons claiming the right to any waters within the state or when, after investigation, in the judgment of the department, the public interest will be served by a determination of the rights thereto, the department shall prepare a statement of the facts, together with a plan or map of the locality under investigation, and file such statement and plan or map in the superior court of the county in which said water is situated, or, in case such water flows or is situated in more than one county, in the county which the department shall determine to be the most convenient to the parties interested therein. Such a statement shall:

     (a) Either (i) identify each person or entity owning real property situated within the area to be adjudicated but outside the boundaries of a city, town, or special purpose district that provides water to property within its service area; (ii) identify all known persons claiming a right to the water sought to be determined; or (iii) identify both; and

     (b) Include a brief statement of the facts in relation to such water, and the necessity for a determination of the rights thereto.

     (2) Prior to filing an adjudication under this chapter, the department shall:

     (a) Consult with the administrative office of the courts to determine whether sufficient judicial resources are available to commence and to prosecute the adjudication in a timely manner; and

     (b) Report to the appropriate committees of the legislature on the estimated budget needs for the court and the department to conduct the adjudication.

[2009 c 332 § 1; 1987 c 109 § 72; 1917 c 117 § 14; RRS § 7364. Formerly RCW 90.12.010.]

Notes: Application -- 2009 c 332: "Except for section 14 of this act, this act applies only to adjudications initiated after July 26, 2009." [2009 c 332 § 21.]

Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001.

Additional powers and duties enumerated -- Payment for from reclamation account: RCW 89.16.055.

Application of RCW sections to specific proceedings: RCW 90.14.200.

Schedule of fees: RCW 90.03.470.