How are water rights determined?

In Washington, water rights are determined by the Department of Ecology. The Department of Ecology issues permits and water rights certificates that authorize the use of water from specific sources. Before a water right can be granted, the applicant must show that the proposed use of the water is physically and economically feasible, does not interfere with other existing water rights, and meets all legal requirements. To determine whether these criteria have been met, Ecology will consider the proposed use of water, the availability of the water source, the potential impacts on the environment, and issues of public health and safety. If a permit or water right is granted, it allows the holder to use a certain amount of water from a specific source for a particular purpose. The holder must use the water within the limits of the permit or water right. Any changes to the permit or water right require a new application to be filed with Ecology. In addition, it is important to note that the holder of a water right does not own the water. Rather, the holder is granted access to the water for a specific purpose. The water remains in the public trust and does not transfer from one owner to the next.

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