Water use compliance and enforcement

According to the Washington Water Code, it is illegal to:

• Divert surface water or withdraw groundwater without a valid permit, certificate, or water right claim, unless it is a valid groundwater withdrawal under the permit exemption in RCW 90.44.050.
• Not comply with the conditions of your water right authorization, including:
  • divert or withdraw more water than authorized (annual and instantaneous quantity)
  • irrigate more acres than specified or outside the specified place of use
  • divert or withdraw water outside the season of use specified
  • use non-authorized locations to divert or withdraw water
  • use water for purposes other than those specified
  • fail to meter, record, and report water use, if required
  • use water in a manner that does not comply with permit and/or certificate provisions (such as instream flow restrictions, fish screen requirements, family farming, and others)
• Waste water
• Divert or withdraw water that prevents a senior water right from receiving their full measure
• Use water when ordered to halt
• Willfully interfere with or destroy water works

While Washington state has a long history of regulating water use, compliance with water use laws has become increasingly urgent to:

• Protect legal water users from impairment or loss of water by those using water without a right, or beyond the terms of their right.
• Protect those with senior (older) water rights from harm by those with junior (newer) rights.
• Keep enough water in streams to protect the environment, restore fish runs, and other instream values.
• Ensure that water taken without authorization is returned to the stream for those waiting in line for new water rights, and to help restore stream flows.
• Ensure long-term sustainable water supplies.
• Create awareness about the importance of wise use of Washington’s limited water resources.

The goal of the compliance program is to manage the public's water resources by encouraging voluntary compliance with state water law, and by taking consistent, fair, and assertive enforcement actions throughout the state. We rely on voluntary compliance and formal enforcement to improve stream flows in 16 fish critical basins where low stream flows are a problem for salmon populations. We also rely on voluntary compliance and formal enforcement to protect senior water rights throughout the state. Our compliance plan includes the following actions:

• Detect and act on illegal water use.
• Provide technical and educational information to assist the public in complying with the requirements of their water rights and applicable water laws.
• Continue the water metering program in the fish critical basins. Verify meter installation, manage metering data, follow up on non-reporting water users, and compare metered water use against actual water rights.
• Use watermasters who are currently working in Ferry, Stevens, Pend Oreille, Spokane, Walla Walla, Whatcom, Okanogan, Chelan, Douglas, Kittitas, Yakima, Benton, Columbia, Garfield, Grant, Lincoln, Franklin, Adams, and Asotin counties, as well as a special focus on the Columbia River.
• Stop junior water uses when water flows drop below the levels set in instream flow rules.
• Enforce court orders, particularly to implement the Yakima adjudication.

Our goal is to ensure that water users comply with the state's water laws so that other legal water users are not impaired, water use remains sustainable over the long term, and the environment is protected for the benefit of people and nature.
 

When we determine whether a violation has occurred or is about to occur, we first attempt to achieve voluntary compliance by offering information in person, by phone, or in writing. Our education efforts focus on identifying one or more ways to legally meet a party’s needs.

If written technical assistance does not achieve compliance, we may issue administrative orders (RCW 43.27A.190) or assess civil penalties (RCW 90.03.600). Under RCW 90.03.605 (2), we have authority to take immediate action if we believe the violation is causing harm to other water rights or public resources. We can also seek court injunctions or criminal prosecution to achieve compliance.
 

For more information, read Focus on State Water Use Laws: Compliance and Enforcement.

Appeal process: For the most current information regarding filing with the PCHB, visit https://eluho.wa.gov/ or call 360-664-9160.

State law (RCW 90.03.600) requires we consider three factors when assessing a penalty:

1. Seriousness of the violation.
2. Whether the violation is repeated or continuous after giving notice about a violation.
3. Whether any damage has occurred to the health or property of other persons.

We may levy penalties ranging from $100 to $5,000 per day for violation of any of the provisions of chapters 90.03, 43.83B, 90.22, and 90.44 RCW, and rules, permits, and similar documents and regulatory orders pursuant to such chapters.