Is My Water Right Valid?Is My Water Right Valid?

OrOr

Seven Steps to Water Right CertaintySeven Steps to Water Right Certainty

John StuhlmillerDirector of Government RelationsWashington Farm Bureaujstuhlmiller@wsfb.com

Today’s TopicsToday’s Topics

Water Right CertaintyWater Right Certainty Issues Affecting Water RightsIssues Affecting Water Rights

LegislationLegislationLitigationLitigationAgency ActionAgency Action

The Risks of IgnoranceThe Risks of Ignorance

Where Do I Begin?Where Do I Begin?What do I have? (Assess the Right)What do I have? (Assess the Right)

Is My Use Permit Exempt?Is My Use Permit Exempt?

How do I Protect My Right?How do I Protect My Right?

Prior to Change/TransferPrior to Change/Transfer

Consider the Intangibles:Consider the Intangibles: Legislative, Agency, Legal FactorsLegislative, Agency, Legal Factors

Is Your Use Permit Exempt?Is Your Use Permit Exempt?RCW 90.44.050RCW 90.44.050

After June 6, 1945, no withdrawal [without a permit]… EXCEPT, HOWEVER, That After June 6, 1945, no withdrawal [without a permit]… EXCEPT, HOWEVER, That any withdrawal of public ground waters for:any withdrawal of public ground waters for:

stock-wateringstock-watering purposes, purposes, or for the watering of a or for the watering of a lawn or of a noncommercial lawn or of a noncommercial

garden garden not exceeding one-half acre in area, not exceeding one-half acre in area, or for or for single or group domestic single or group domestic uses in an amount not uses in an amount not

exceeding five thousand gallons a day,exceeding five thousand gallons a day, or as provided in RCW 90.44.052, or as provided in RCW 90.44.052, or for an or for an industrialindustrial purpose in an amount not exceeding purpose in an amount not exceeding

five thousand gallons a day,five thousand gallons a day,is and shall be exempt …is and shall be exempt …

Step 1Step 1

Find the PaperFind the Paper (Permit, Certificate, Claim, (Permit, Certificate, Claim, OtherOther))

If You Have the Paper, Go to Step 2If You Have the Paper, Go to Step 2

If Not, Check for Any DocumentationIf Not, Check for Any DocumentationSources: Ecology, County Records, Sources: Ecology, County Records,

Neighbors, etc.Neighbors, etc.

If You Still Cannot Find the Paper ……If You Still Cannot Find the Paper ……Pray!Pray!

Step 2Step 2

Read the Paper: What Is the Extent Read the Paper: What Is the Extent of My Right?of My Right?

Instantaneous Quantity (CFS or GPM)Instantaneous Quantity (CFS or GPM)Annual Quantity (acre feet)Annual Quantity (acre feet)Place of UsePlace of UsePoint of DiversionPoint of DiversionPurpose of UsePurpose of Use

Step 3Step 3

Determine My Actual UseDetermine My Actual Use

Assemble the RecordsAssemble the Records Pump Specifications Pump Specifications

(HP, GPM)(HP, GPM)

Power ConsumptionPower Consumption Crop ProductionCrop Production PicturesPictures Grandpa’s MemoriesGrandpa’s Memories

Step 4Step 4

Assess the Right: Does My Use Match the Assess the Right: Does My Use Match the Paper?Paper?

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

Step 5Step 5

Do I Need to “Fix” My Paper?Do I Need to “Fix” My Paper?

Have I Modified My Right Without a Have I Modified My Right Without a Water Right Change?Water Right Change? Purpose of UsePurpose of Use Point of DiversionPoint of Diversion Place of UsePlace of Use

Have I Leased or Sold Part of the Right Have I Leased or Sold Part of the Right Without a Water Right Transfer?Without a Water Right Transfer?

Step 6Step 6

Is Relinquishment a Problem?Is Relinquishment a Problem?

Are There Gaps in Usage?Are There Gaps in Usage? A Period of Non-Use Lasting 5 Or A Period of Non-Use Lasting 5 Or

More YearsMore Years A Period of Time for which I Do Not A Period of Time for which I Do Not

Have RecordsHave Records

Do I Have a Valid Excuse for Non-Do I Have a Valid Excuse for Non-Use?Use?

Step 7Step 7

Is My Right Valid?Is My Right Valid?

Is Is ItIt Ready for the Change or Ready for the Change or Transfer Process?Transfer Process?

Am Am II Ready for the Process? Ready for the Process? Time ConsumingTime Consuming Costly (Conservancy Boards)Costly (Conservancy Boards) Risk of Reduction in Water Quantity Risk of Reduction in Water Quantity

(Relinquishment)(Relinquishment)

The Answer Is …The Answer Is …

If You If You andand Your Water Right Are Your Water Right Are Ready…Ready…

Congratulations!Congratulations!

If Not:If Not:Assemble the Facts As Best You Can, Assemble the Facts As Best You Can,

Maybe Seeking a Consultant FirstMaybe Seeking a Consultant FirstOrOr

Forget We Had This ConversationForget We Had This Conversation

The IntangiblesThe IntangiblesLegislationLegislation

Water Smart WashingtonWater Smart Washington

Litigation- Litigation- Stock waterStock waterMuni waterMuni water

Agency ActionAgency ActionInstream flowsInstream flowsWatershed planningWatershed planning

Questions?Questions?

John StuhlmillerDirector of Government RelationsWashington Farm Bureaujstuhlmiller@wsfb.com