A Washington State real estate broker is advising clients on water rights issues in rural property transactions. Which of the following statements about Washington water rights is NOT accurate?
Correct Answer
C) Once a water right permit is issued in Washington, the holder has an absolute and unconditional right to the permitted quantity of water in all circumstances.
The statement that a water right permit holder has an 'absolute and unconditional right' to the permitted quantity is NOT accurate. Water rights in Washington are conditional on beneficial use, subject to curtailment during shortage conditions when senior rights must be satisfied first, subject to relinquishment after five years of non-use (RCW 90.14), and subject to regulatory changes including instream flow rules that may limit diversions. No water right in Washington is absolute or unconditional — all rights exist within the framework of the prior appropriation doctrine and state regulatory authority.
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Related Topics & Key Terms
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