Sarah is a broker representing a buyer interested in purchasing a rural property in Okanogan County, Washington. The property relies on a well for domestic water supply. The seller states the well was drilled in 1998 and 'no water right permit is needed for a domestic well.' Which of the following best describes the accuracy of the seller's statement under Washington law?
Correct Answer
B) The seller is partially correct; small domestic wells that withdraw no more than 5,000 gallons per day are generally exempt from permit requirements under Washington's permit-exempt groundwater rule.
Under RCW 90.44.050, Washington law provides a permit exemption for certain small-scale groundwater withdrawals, commonly called 'permit-exempt' wells. Domestic uses that withdraw no more than 5,000 gallons per day for household use, stock watering, irrigation of a lawn or noncommercial garden up to one-half acre, or industrial purposes are generally exempt from the full water right permit process. However, these wells are still subject to the prior appropriation doctrine and can be curtailed if they interfere with senior water rights. The seller's statement is partially correct but overly broad.
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Related Topics & Key Terms
Key Terms:
Related Concepts
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
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