A Washington State real estate broker is advising a client who wants to purchase a 100-acre irrigated farm in the Columbia River Basin. The broker discovers that the property's water right permit specifies a maximum diversion of 500 acre-feet per year for irrigation. The buyer wants to expand the irrigated acreage and use 800 acre-feet per year. Which of the following actions would the buyer MOST likely need to take to legally use the additional water?
Correct Answer
B) Apply to the Washington Department of Ecology for a new water right permit or an amendment to the existing permit to cover the additional appropriation.
Under RCW 90.03, any appropriation of water beyond what is authorized by an existing water right permit requires either a new water right application or an amendment to the existing permit, both processed through the Washington Department of Ecology. The buyer cannot simply take more water than the permit allows — doing so would constitute an unauthorized diversion, subject to enforcement action. The Department of Ecology evaluates new applications based on water availability, impacts to existing rights, and public interest.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.
The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.
Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.
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