How does the law of capture regulate water pollution?

Water law in Washington regulates various aspects of water pollution through the law of capture. The law of capture states that a person who uses groundwater or surface water to benefit their land has the right to use as much as they need, as long as it does not harm any other water-users’ rights. This means that water runoff from land that is polluted can impact other properties and water-users. To prevent this issue, Washington water law has implemented strict regulations on how and when landowners may use water. To further regulate water pollution, Washington requires that landowners in certain areas obtain water rights. These rights are acquired through the use of withdrawals or appropriations, which outline the amount and type of water that can be used. They also detail how and when water can be used, what the effluent levels should be, and any other conditions placed on the withdrawal. If these conditions are not met, landowners may be subject to fines or other legal action. Washington water law also contains provisions regarding the disposal of wastewater. Landowners must take the proper steps to properly dispose of any wastewater that may contain pollutants. This includes building and maintaining sufficient drainage systems, which are designed to keep pollutants from entering and contaminating groundwater or surface water. By regulating water withdrawals, the law of capture helps to decrease water pollution by limiting the amount and type of water that may be diverted or put to use. In addition, Washington water law helps ensure that wastewater is disposed of properly, so that pollutants do not enter any bodies of water or harm other water-users.

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