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Show 774 WASHINGTON While the appropriative right is considered a property right, it is not ownership of the water in the stream-rather, it is the right to divert and make use of the water.129 This right of use is commonly characterized as a usufructuary right.130 C. WATER RIGHT CLAIMS REGISTRATION ACT The water code recites that none of its provisions shall "lessen, enlarge, or modify the existing rights of any riparian owner or any existing right acquired by appropriation or otherwise."131 Thus, while riparian rights are preserved and protected, there has existed a problem in identifying, quantifying, and making these rights of record for administrative purposes. This also is true of early appro- priation rights established by custom and use. The lack of evalua- tion and definition of unrecorded rights has presented serious prob- lems in administering these rights, and also in attempting to deter- mine the quantity of water available for new appropriations. In an effort to solve these problems, Washington enacted a Water Eight Claims Registration Act in 1969, to "provide adequate records for the efficient administration of the State's waters and to cause a return to the State of any water rights which are no longer exercised by put- ting said water to beneficial use." 132 The forfeiture provisions pro- vided for in the act are discussed in section 3.4, infra. All persons claiming the right to withdraw and beneficially use water from either surface or ground water sources shall file a claim with the department of ecology not later than June 30, 1974. This requirement does not apply to any water right based upon a previ- ously issued permit or certificate.133 The right asserted must be described in detail in the claim.134 The act specifies that failure to file a claim is conclusively deemed to be a waiver and relino.uishment of any right, title or interest in the water right.135 The claim filed does not constitute an adjudication of the right to the use of water. However, the claim is admissible in a gen- eral adjudication of water rights action as prima facie evidence of the period of use and the quantity of water diverted, but only if the use at the time the right is adjudicated is substantially in accord with the claim.136 The statute provides an extensive procedure de- signed to give notice of the registration requirements to all users. This involves notice by newspaper publication, radio and television broadcasting, posting and notice by mail through the county treas- urer's office for each county.137 The department is required to estab- lish a water right claims registry for the claims filed.138 It is a mis- demeanor to knowingly overstate the claim which is filed.139 129 Madison v. McNeal, 171 Wash. 669, 19 P. 2d 97 (1933). 130 Id. 131 Sec. 90.03.010. 132 Sec. 90.14.010. For a comprehensive analysis of this act and some of the problems encountered In its implementation, see Corker and Roe, Washington's New Water Rights Law-Improvements Needed. 44 Wash. L. Rev. 85 (1968). 133 Sec. 90.14.041. 13*Secs. 90.14.051 and 90.14.061. 135 Sec. 90.14.071. 136 Sec. 90.14.081. 137 Sec. 90.14.101. 138 Sec. 90.14.111. 139 Sec. 90.14.121. |