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Show WASHINGTON 779 4. Ground Water Since 1945 ground water has been subject to State administrative regulation and control. Prior to that time, it appears that each land- owner overlying a ground water supply was allowed to make a rea- sonable use of the available supply.172 The ground water code recites that it is supplemental to the surface water code and that the statutes governing the appropriation and beneficial use of the surface waters of the State are applicable to ground water.173 Ground water is de- fined as "all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water ... whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves, . . ." In addition to natural ground water, any ground water artificially made available in a ground water storage basin and subsequently abandoned or for- feited (such as irrigation waste water) is also subject to appropria- tion.174 The prior rule with respect to percolating water was that it was subject to reasonable use by the overlying landowner.175 The act recites that the right to appropriate surface water is not affected or impaired by the provisions of the ground water code. To the extent that the withdrawal of underground water may affect the flow of any spring, watercourse, lake or any body of surface water, the right of an appropriator and owner of the surface water is superior to any subsequent right acquired in the ground water.176 The procedure for filing and processing an application for a permit to use ground water is the same as those governing surface waters.177 The director cannot grant a permit for the withdrawal of ground water beyond the capacity of the given ground water basin, district or locality, taking into account reasonable or feasible pumping lifts in case of pumping developments or within a reasonable or feasible reduction of pressure in the case of artesian developments. Further, the director cannot approve any new application if he determines that the permit impairs existing rights.178 Once the application is approved, the works constructed and the water placed to beneficial use, the director issues a certificate evidencing the perfected right.179 The ground water code also makes provision for the recording of any right which vested prior to the time of the enactment of ground water law. Any person who applied ground water to beneficial use prior to or within 3 years after the effective date of the act was entitled to receive a certificate from the director evidencing his ground water right. This period could be extended for 2 years for good cause shown. This certificate has the same effect as a permit granted under the provisions of the ground water code with a prior- ity as of the date of the earliest beneficial use of the water.180 "2 Evans v. Seattle, 182 Wash. 450, 47 P. 2d 984 (1935). "s Sec. 90.44.020. "*Secs. 90.44.035 and 90.44.040. ™ Evans v. Seattle, 182 Wash. 450, 47 P. 2d 984 (1835). "e Sec. 90.44.030. "TSec. 90.44.060. wssec. 90.44.070. 179 Sec. 90.44.080. 180 Sec. 90.44.090. |