The legislature intends to allow modification of the point of diversion in a water right permit when such a modification will provide both environmental benefits and water supply benefits and nothing in RCW 90.03.397 is to be construed as allowing any other change or transfer of a right to the use of surface water which has not been applied to a beneficial use.
RCW 90.03.395
Change of point of diversion to downstream intake structure—Intent.
Applied in 1 court decision — leading case PUBLIC UTILITY DIST. v. State, Dept. of Ecology (2002)
Most recently applied in PUBLIC UTILITY DIST. v. State, Dept. of Ecology (July 2002)
1999 c 232 s 1.
Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.