Is My Water Right Valid?

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Is My Water Right Valid?

• Or
• Seven Steps to Water Right Certainty

John Stuhlmiller Director of Government
Relations Washington Farm Bureau jstuhlmiller_at_wsfb
.com
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Todays Topics

• Water Right Certainty
• Issues Affecting Water Rights
• Legislation
• Litigation
• Agency Action

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The Risks of Ignorance
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Where Do I Begin?

• What do I have? (Assess the Right)
• Is My Use Permit Exempt?
• How do I Protect My Right?
• Prior to Change/Transfer
• Consider the Intangibles
• Legislative, Agency, Legal Factors

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Is Your Use Permit Exempt?RCW 90.44.050

• After June 6, 1945, no withdrawal without a
  permit EXCEPT, HOWEVER, That any withdrawal of
  public ground waters for
• stock-watering purposes,
• or for the watering of a lawn or of a
  noncommercial garden not exceeding one-half acre
  in area,
• or for single or group domestic uses in an amount
  not exceeding five thousand gallons a day,
• or as provided in RCW 90.44.052,
• or for an industrial purpose in an amount not
  exceeding five thousand gallons a day,
• is and shall be exempt

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Step 1

• Find the Paper (Permit, Certificate, Claim,
  Other)
• If You Have the Paper, Go to Step 2
• If Not, Check for Any Documentation
• Sources Ecology, County Records,
• Neighbors, etc.
• If You Still Cannot Find the Paper
• Pray!

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Step 2

• Read the Paper What Is the Extent of My Right?
• Instantaneous Quantity (CFS or GPM)
• Annual Quantity (acre feet)
• Place of Use
• Point of Diversion
• Purpose of Use

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Step 3

• Determine My Actual Use
• Assemble the Records
• Pump Specifications
• (HP, GPM)
• Power Consumption
• Crop Production
• Pictures
• Grandpas Memories

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Step 4

• Assess the Right Does My Use Match the Paper?
• Is My Instantaneous Use Greater/Less Than the
  Paper?
• Is My Annual Quantity Different From the Paper?
• Have I Fully Developed My Right?
• Have I Used the Water for the Authorized
  Purpose(s)?

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Step 5

• Do I Need to Fix My Paper?
• Have I Modified My Right Without a Water Right
  Change?
• Purpose of Use
• Point of Diversion
• Place of Use
• Have I Leased or Sold Part of the Right Without a
  Water Right Transfer?

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Step 6

• Is Relinquishment a Problem?
• Are There Gaps in Usage?
• A Period of Non-Use Lasting 5 Or More Years
• A Period of Time for which I Do Not Have Records
• Do I Have a Valid Excuse for Non-Use?

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Step 7

• Is My Right Valid?
• Is It Ready for the Change or Transfer Process?
• Am I Ready for the Process?
• Time Consuming
• Costly (Conservancy Boards)
• Risk of Reduction in Water Quantity
  (Relinquishment)

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The Answer Is

• If You and Your Water Right Are Ready
• Congratulations!
• If Not
• Assemble the Facts As Best You Can, Maybe Seeking
  a Consultant First
• Or
• Forget We Had This Conversation

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The Intangibles

• Legislation
• Water Smart Washington
• Litigation-
• Stock water
• Muni water
• Agency Action
• Instream flows
• Watershed planning

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Questions?
John Stuhlmiller Director of Government
Relations Washington Farm Bureau jstuhlmiller_at_wsfb
.com