Tom owns a farm in Yakima County, Washington, and has held a valid water right permit since 1965. He stops irrigating his fields and does not use his water right for eight consecutive years due to a shift in farming operations. Under Washington law, what is the most likely consequence of this non-use?
Correct Answer
A) Tom's water right may be relinquished to the state because Washington law presumes abandonment after five years of non-use.
Under RCW 90.14, Washington law creates a rebuttable presumption of abandonment if a water right is not used for five or more consecutive years. After eight years of non-use, Tom's water right is subject to relinquishment proceedings by the Department of Ecology. Tom may attempt to rebut the presumption by demonstrating a valid reason for non-use (such as drought, disability, or military service), but absent such justification, the right can be declared relinquished and returned to the state for reallocation.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.
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