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Is My Water Right Valid?

Is My Water Right Valid?. Or Seven Steps to Water Right Certainty. John Stuhlmiller Director of Government Relations Washington Farm Bureau jstuhlmiller@wsfb.com. Today’s Topics. Water Right Certainty Issues Affecting Water Rights Legislation Litigation Agency Action.

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Is My Water Right Valid?

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  1. Is My Water Right Valid? Or Seven Steps to Water Right Certainty John Stuhlmiller Director of Government Relations Washington Farm Bureau jstuhlmiller@wsfb.com

  2. Today’s Topics • Water Right Certainty • Issues Affecting Water Rights • Legislation • Litigation • Agency Action

  3. The Risks of Ignorance

  4. 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

  5. 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 …

  6. 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!

  7. 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

  8. Step 3 • Determine My Actual Use • Assemble the Records • Pump Specifications (HP, GPM) • Power Consumption • Crop Production • Pictures • Grandpa’s Memories

  9. 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)?

  10. 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?

  11. 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?

  12. 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)

  13. 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

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

  15. Questions? John Stuhlmiller Director of Government Relations Washington Farm Bureau jstuhlmiller@wsfb.com

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