90.14.200 - Implementation and enforcement of chapter -- Proceedings under RCW 90.14.130 deemed adjudicative -- Application of RCW sections to specific proceedings. - Washington Statutes

Implementation and enforcement of chapter — Proceedings under RCW 90.14.130 deemed adjudicative — Application of RCW sections to specific proceedings.

(1) All matters relating to the implementation and enforcement of this chapter by the department of ecology shall be carried out in accordance with chapter 34.05 RCW, the Administrative Procedure Act, except where the provisions of this chapter expressly conflict with chapter 34.05 RCW. Proceedings held pursuant to RCW 90.14.130 are adjudicative proceedings within the meaning of chapter 34.05 RCW. Final decisions of the department of ecology in these proceedings are subject to review in accordance with chapter 43.21B RCW.

     (2) RCW 90.14.130 provides nonexclusive procedures for determining a relinquishment of water rights under RCW 90.14.160, 90.14.170, and 90.14.180. RCW 90.14.160, 90.14.170, and 90.14.180 may be applied in, among other proceedings, general adjudication proceedings initiated under RCW 90.03.110 or 90.44.220: PROVIDED, That nothing herein shall apply to litigation involving determinations of the department of ecology under RCW 90.03.290 relating to the impairment of existing rights.

[1989 c 175 § 180; 1979 ex.s. c 216 § 6; 1967 c 233 § 20.]

Notes: Effective date -- 1989 c 175: See note following RCW 34.05.010.

Effective date -- Severability -- 1979 ex.s. c 216: See notes following RCW 90.03.245.

Application to Yakima river basin trust water rights: RCW 90.38.040.