Claim v Permit v Certificate v Adjudicated Certificate Doug Wood NWRO April 24 2019 Ellensburg WA Some basics What is a water right Entitlement to the Beneficial Use of Water What is beneficial use ID: 768508
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Claim v. Permit v. Certificate v.Adjudicated Certificate Doug Wood, NWRO April 24, 2019 Ellensburg, WA
Some basics What is a water right? Entitlement to the Beneficial Use of Water What is beneficial use?The amount of water reasonably and diligently used for a stated non-wasteful purpose. Provides a benefit to the user.Water rights were a novel concept prior to mid 19th CenturyScarcity of water in Western USNot enough for all
First in Time Before Western Expansion Riparian (Community Control) An American solutionPrior Appropriation (Individual Control)A fair wayBased on Gold Rush Mining Law
Notice on a Tree (or Post) Provides notice of intentions Establishes Priority Filing provides public recordRecord settles competing claims
Settling Disputes Why adjudicate Who gets cut off When to cut off Who enforces
Q’s, P’s & Other Water Right Attributes Qi = Instantaneous Quantity Qa = Annual Quantity POU = Place of UsePOW/POD = Point of Withdrawal/DiversionPurpose of Use = Domestic, Irrigation, Frost Prevention, etc.Priority = Date notification of Intent Given (Application Accepted)Period of Use (Season)
Questions?
Codifying the Priority System A standardized system Application => Permit => Certificate Application = NotificationPermit = DevelopmentCertificate = PerfectionPre-Code rights acknowledged1917 – SW Code1945 – GW Code
RCW 90.14 Claims Registry Before 90.14 there was great uncertainty California wanted PNW water Intended to illustrate water not availableRumors caused panicPanic resulted in over claiming
Long Form Claims More detailed Provides Qi and Qa Claimed & Presently UsedNumber of Irrigated AcresSeason of UseDate of First Use
Short Form Claims Less detailed Provides basic info Name & AddressPurpose of UseLocationFor small Q’s (<5,000 gpd)Less than ½ acre lawn/garden
Ecology Graphic Arts from the 1970’s
More Questions?
Fast Forward to 2018 Few adjudications with many claims 169,000+ Claims Yakima adjudicationFrom 1977 to 2019(?) 42 years, & Counting!RCW 90.03.110 too cumbersomeClaims will stick around for while!
Claims, Permits, & Certificates (Oh, My!) A Claim is NOT a water right It is an assertion that one exists A Permit is NOT a water rightIt is an authorization to develop oneA Certificate is NOT a water rightIt an acknowledgment that one was recognized by EcologyAn Adjudicated Certificate is NOT a water rightIt is an acknowledgement that one was recognized by a Judge
A Few Nuggets Relinquishment not applicable to Permits Date of first use on Long Form Claims not final word on validity Short Form Claims may not be limited to 5,000 gpd or ½ acreSW permits can only change perfected water
WA Claim Registry Timeline
Quiz Question True False1.) A Long Form Claim is better than short form claim. 2.) An adjudicated claim is exempt from relinquishment. 3.) A surface water right permit can be transferred/changed. 4.) A surface water right claim can apply to a well (and vice versa). 5.) A groundwater claim for < 5,000 gpd is treated the same as an exempt well.
Any Last Questions?