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Water Right Acquisitions

Learn about water right acquisitions, vested and tribal rights, acquiring water rights under RCW 90.94, and the Trust Water Rights Program's authority to hold water rights for future uses.

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Water Right Acquisitions

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  1. Water Right Acquisitions Kelsey Collins Water Acquisitions Lead

  2. FEARING, J. — All the water that will ever be is, right now. (National Geographic, Oct. 1993)

  3. Prior Appropriation: first in time, first in right

  4. Vested Right • Tribal Right • Adjudicated Certificate • Claim • Permit • Certificate

  5. Manastash Creek, Kittitas County

  6. Manastash Creek, Kittitas County Manastash Creek –Before/After supplementation

  7. Trust Water Rights Program

  8. Trust Water Rights Program • Ecology’s authority to hold water rights for future uses without the threat of relinquishment.

  9. Trust Water Rights Program • Ecology’s authority to hold water rights for future uses without the threat of relinquishment. • Only Ecology can hold a water right in trust

  10. Trust Water Rights Program • Ecology’s authority to hold water rights for future uses without the threat of relinquishment. • Only Ecology can hold a water right in trust • Temporarily or permanently

  11. Trust Water Rights Program • Ecology’s authority to hold water rights for future uses without the threat of relinquishment. • Only Ecology can hold a water right in trust • Temporarily or permanently • For instream AND out of stream uses

  12. Conveyed to Ecology Trust Water Rights Program

  13. Types of Conveyance • Ecology holds water rights in the Trust Water Rights Program through…

  14. Types of Conveyance • Ecology holds water rights in the Trust Water Rights Program through… • Temporary Donation

  15. Temporary Donation

  16. Types of Conveyance • Ecology holds water rights in the Trust Water Rights Program through… • Temporary Donation • Lease/Purchase

  17. Types of Conveyance • Ecology holds water rights in the Trust Water Rights Program through… • Temporary Donation • Lease/Purchase • Other means

  18. Lease, purchase, and other means

  19. Acquiring water rights under RCW 90.94: • WHY? • Offset the impacts of new domestic well use • Increase stream flow • Improve water quality

  20. Acquiring water rights under RCW 90.94: How?

  21. Acquiring water rights under RCW 90.94: How? • Identify potential projects

  22. Acquiring water rights under RCW 90.94: How? • Identify potential projects • Negotiate agreements

  23. Acquiring water rights under RCW 90.94: How? • Identify potential projects • Negotiate agreements • Change the water right back to the creek or aquifer

  24. Acquiring water rights under RCW 90.94: How? • Identify potential projects • Negotiate agreements • Change the water right back to the creek or aquifer • Pay for the right and convey it to Ecology

  25. Acquiring water rights under RCW 90.94: How? • Identify potential projects • Negotiate agreements • Change the water right back to the creek or aquifer • Pay for the right and convey it to Ecology • Manage and protect the right instream

  26. Types of Acquisitions

  27. Types of Acquisitions • Water right purchase

  28. Types of Acquisitions • Water right purchase • Shortened or shifted season of use

  29. Types of Acquisitions • Water right purchase • Shortened or shifted season of use • Source Switch

  30. Place of Use Point of Diversion Return Flows

  31. Types of Acquisitions • Water right purchase • Shortened or shifted season of use • Source Switch • Reclaimed water delivery to replace stream diversion

  32. Port Gamble Resource Recovery Facility

  33. Types of Acquisitions • Water right purchase • Shortened or shifted season of use • Source Switch • Reclaimed water delivery to replace stream diversion • Storage and release

  34. Types of Acquisitions • Water right purchase • Shortened or shifted season of use • Source Switch • Reclaimed water delivery to replace stream diversion • Storage and release • Other?

  35. Ecology’s GUID 1210 Calculating Irrigation Efficiencies

  36. Irrigation Efficiency

  37. Water Acquisitions Program • January 2018, the Legislature passed ESSB 6091 that became RCW 90.94 • Law invests $300 million over 15 years in projects that will help fish and stream flows • Water right acquisitions are the highest priority

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