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Show 760 WASHINGTON could be acquired by diversion and use during this early period.3 However, in 1917, Washington adopted the appropriation doctrine as the exclusive means of acquiring the right to the use of the surplus surface waters of the State.4 In 1945, the appropriation doctrine was extended to the ground waters of the State.5 Although some changes and modifications were made in the water code over the years, none have been as extensive as those adopted in recent years. The recent amendments to the water code are par- ticularly significant since they reflect an attempt to accomplish two broad objectives which have been a matter of concern to many States. First, all aspects of water right administration and water quality control have been vested in a single State agency 6 to provide a co- ordinated and integrated water resource management program. Sec- ondly, new legislation has been enacted to recognize and protect the public interest in preserving the environment, and thus to assure a fair balance between utilization and preservation of the State's water resources.7 Until recently, Washington had a procedure for water right ad- ministration similar to that in most other Western States, with the department of water resources carrying out the basic functions re- lating to the appropriation, adjudication and distribution of water, and the water pollution control commission carrying out the statu- tory directives relating to water quality control. But in 1970 the department of ecology was created. The act creating this new depart- ment abolished the department of water resources, the water re- sources advisory council, the water pollution control commission and the air pollution control board. All of the powers, duties and re- sponsibilities of these agencies with respect to water right admin- istration and air and water quality control were vested in the newly created department of ecology.8 Thus, Washington appears to have taken a significant step towards achieving a coordinated water re- source management program. The policy of the State in affording certain protection to the en- vironment as a part of its water resource management program is perhaps best evidenced by two recent legislative acts. The Water Resources Act of 1971 sets forth legislative guidelines for future water resource management and provides that the: Utilization and management of the waters of the State shall be guided by the following general declaration of fundamentals: (1) Uses of water for domestic, stock watering, industrial, commercial, agricultural, irrgation, hydroelectric power production, mining, fish and wild- life maintenance and enhancement, recreational, and thermal power produc- tion purposes, and preservation of environmental and esthetic values, and all other uses compatible with the enjoyment of the public waters of the State, are declared to be beneficial. 8 For a review of the development of Washington water law, see Horowitz, Riparian and Appropriation Rights to the Use of Water In Washington, 7 Wash. L. Rev. 197 (1932) ; Morris. Washington Water Rights-A Sketch, 31 Wash. L. Rev. 243 (1956) ; Johnson, Riparian and Puolie Rights to Lakes and Streams, 35 Wash. L. Rev. 580 (1960) ; also, Corker and Roe, Washington's New Water Rights Law-Improvements Needed, 44 Wash. L. Rev. 85 (1968). * Washington Revised Code, sec. 90.03.010. For convenience, the Washington statutes will be referred to hereafter simply by section numbers. B Sees. 90.44.010 to 90.44.250. •Sec. 43.21A.020. 7 Sees. 90.54.010 to 90.54.910; sees. 43.21C.010 to 43.21C.900. 8 Sec. 43.21A.060 and see. 43.21A.300. Certain decisions of the Department of Ecology may be reviewed by the Pollution Control Hearings Board, sec. 43.21B. |
