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SB5212 • 2026

Water adjudication in WRIA 1

Concerning filing of adjudication claims for precode uses of groundwater and surface water in the water resource inventory area 1 water rights adjudication.

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Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Senator Shewmake, Senator Short, Senator Chapman, Senator Nobles
Last action
2025-02-12
Official status
S subst for
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Water adjudication in WRIA 1

Water adjudication in WRIA 1

What This Bill Does

  • Water adjudication in WRIA 1

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

5212-S AMH TIMM SMIL 066

970 • Timmons

ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5212-S AMH TIMM SMIL 066 1 - Official Print EFFECT: Provides that a claim filed under the act is subordinate to any water right whose basis is federal law.

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5212-S AMH TIMM SMIL 066 1 - Official Print EFFECT: Provides that a claim filed under the act is subordinate to any water right whose basis is federal law.
  • Makes minor technical changes and corrections.
  • 5212-S AMH TIMM SMIL 066 SSB 5212 - H AMD 970 By Representative Timmons ADOPTED 04/10/2025 On page 3, beginning on line 8, after "(b)" strike all material through "1997" on line 15 and insert "(i) Filing a claim under this subsection shall not affect or impair in any respect whatsoever any water right existing prior to July 27, 1997.
  • (ii) A water right embodied in a claim filed under this subsection is subordinate to: (A) Any water right embodied in a permit or certificate issued under chapter 90.03 or 90.44 RCW prior to the date the claim is filed with the superior court; (B) Any water right embodied in a statement of claim filed in the water rights claims registry before July 27, 1997; and (C) Any water right whose basis is federal law" --- END

Bill History

  1. 2025-02-12 Senate

    1st substitute bill substituted.

Official Summary Text

Water adjudication in WRIA 1

Current Bill Text

Read the full stored bill text 
AN ACT Relating to filing of adjudication claims for precode uses 1
of groundwater and surface water in the water resource inventory area 2
1 water rights adjudication; amending RCW 90.14.043; and creating a 3
new section. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that after 6
completing the Yakima basin surface water rights adjudication, the 7
department of ecology filed a new water rights adjudication for water 8
resource inventory area 1 ("WRIA 1") applying to Whatcom and Skagit 9
counties.10
The legislature finds that water users are seeking to apply 11
similar procedures and lessons learned from the Yakima basin water 12
rights adjudication to the new WRIA 1 adjudication.13
The legislature further finds that after the department of 14
ecology filed the Yakima basin adjudication in 1977, the legislature 15
passed chapter 216, Laws of 1979 ex. sess. (Engrossed Substitute 16
Senate Bill No. 2794). This legislation ensured that water users who 17
may have had precode water uses could participate in the adjudication 18
court process. 19
The legislature intends to ensure that, like the Yakima basin 20
adjudication, the WRIA 1 adjudication allows for the filing of 21
S-0466.2
SENATE BILL 5212
State of Washington 69th Legislature 2025 Regular Session
By Senators Shewmake, Short, Chapman, and Nobles
Prefiled 01/09/25. Read first time 01/13/25. Referred to Committee
on Agriculture & Natural Resources.
p. 1 SB 5212
adjudication claims for precode uses of groundwater and surface 1
water. 2
Sec. 2. RCW 90.14.043 and 1985 c 435 s 1 are each amended to 3
read as follows: 4
(1) Notwithstanding any time restrictions imposed by the 5
provisions of this chapter ((90.14 RCW)), a person may file a claim 6
pursuant to RCW 90.14.041 if such person obtains a certification from 7
the pollution control hearings board as provided in this section.8
(2) A certification shall be issued by the pollution control 9
hearings board if, upon petition to the board, it is shown to the 10
satisfaction of the board that: 11
(a) Waters of the state have been applied to beneficial use 12
continuously (with no period of nonuse exceeding five consecutive 13
years) in the case of surface water beginning not later than June 7, 14
1917, and in the case of groundwater beginning not later than June 7, 15
1945, or 16
(b) Waters of the state have been applied to beneficial use 17
continuously (with no period of nonuse exceeding five consecutive 18
years) from the date of entry of a court decree confirming a water 19
right and any failure to register a claim resulted from a reasonable 20
misinterpretation of the requirements as they related to such court 21
decreed rights. 22
(3) The board shall have jurisdiction to accept petitions for 23
certification from any person through September 1, 1985, and not 24
thereafter. 25
(4) A petition for certification shall include complete 26
information on the claim pursuant to RCW 90.14.051 (1) through (8), 27
and any such information as the board may require.28
(5) The department of ecology is directed to accept for filing 29
any claim certified by the board as provided in subsection (2) of 30
this section. The department of ecology, upon request of the board, 31
may provide assistance to the board pertinent to any certification 32
petition. 33
(6) A certification by the pollution control hearings board or a 34
filing with the department of ecology of a claim under this section 35
shall not constitute a determination or confirmation that a water 36
right exists. 37
(7) The provisions of RCW 90.14.071 shall have no applicability 38
to certified claims filed pursuant to this section.39
p. 2 SB 5212
(8) This section shall have no applicability to groundwaters 1
resulting from the operations of reclamation projects.2
(9) Notwithstanding any time restrictions imposed by the 3
provisions of this chapter, for an adjudication filed in water 4
resource inventory area 1 after June 1, 2023, filing an adjudication 5
claim form as provided in RCW 90.03.140 satisfies the statement of 6
claim filing requirements of RCW 90.14.041.7
--- END ---
p. 3 SB 5212