water rights: in the odessa groundwater management area by peter g. scott preston|gates|ellis llp

Water Rights:

In the Odessa Groundwater

Management AreaBy Peter G. Scott

Preston|Gates|Ellis LLP

Doctrine of Prior Appropriation

“First in time is first in right”

Measure of right is volume put to beneficial use without waste

Water right may be relinquished


Water Codes Appropriation doctrine is codified in

all Western States Water belongs to the public States may authorize the beneficial

use of water Perfected use of water is a real

property right


Forms of Water Right Claims (vested or patented) Application, Permit, Certificate “Family Farm” right Reservoir (storage) rights Decreed or Adjudicated Inchoate vs “Paper rights”


Water Right: Parameters Timing: Seniority and Season Quantity: Rate (Qi) and Duty (Qa) Use: Must be Beneficial without

Waste Location: Point of Diversion/

Withdrawal, Place of Use


Transfer or Change Application required to change or

amend an existing water right Requires consideration of existing

rights and the public interest Calculation of Annual Consumptive

Quantity (ACQ).


Adjudication Judicial quantification and

prioritization of water rights

Requires notice, preparation of claim, and proof of use


Washington - Water Resource Management Act, RCW 90.42

Creates trust water and water banks Trust water may be obtained by

conservation projects, donation, purchase or lease

Yakima water bank established to manage trust waters for supply needs subject to express limitations


Odessa Ground Water Subarea

Established and Managed by Ecology under WAC 173-128A and 173-130A

Regulation triggered by 30 feet in 3 years or 300 feet less that 1967

Duty on new permits limited to 2.5 acre-feet

Acreage expansion program – based on withdrawal data and 3 years of beneficial use

HB 2860 Columbia River Bill Creates the Columbia River Water

Supply Inventory Creates the Columbia River Basin

Water Storage and Supply Account Requires Specific Allocation of “New”

Water Creates the Columbia Mainstream

Water Resources Information System Creates Authority for Voluntary

Regional Agreements


Peter G. Scott

601 West Riverside Ave. Ste. 1400Spokane, WA 99201

Tel: (509) 624-2100Fax: (509) 444-7867

[email protected]


water rights: in the odessa groundwater management area by peter g. scott preston|gates|ellis llp

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