What is beneficial use?
Beneficial use is a fundamental concept in water law in Washington. It is based on the idea that water should be used in a way that is beneficial to society. This typically means that water should be put to a reasonable use, such as irrigation, recreation, industry, and other purposes related to public health, safety, and welfare. In other words, it should not be wasted, or used for frivolous or inappropriate purposes. Beneficial use not only establishes a framework for how water should be used, but also how much water should be used in different situations. This is referred to as the doctrine of appropriation, and it is based on the notion that the first person to put the water to a beneficial use is entitled to a limited amount of the resource. This is because beneficial use is seen as a public trust that should be protected. In order to determine beneficial use in a particular situation, Washington courts consider the purpose for which the water is being used, the type of use, and the nature of the use. If a use is deemed to be beneficial, then it is protected by the doctrines of appropriation and beneficial use. If a use is found to be inappropriate or wasteful, then the state may take legal action to protect the resource.
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