James owns a vineyard in the Yakima Valley, Washington, with a senior water right permit dated 1948. He wants to sell 50 acre-feet per year of his water right to a neighboring property owner, Linda, while retaining the remaining 150 acre-feet for his own use. James's total permitted quantity is 200 acre-feet per year. Under Washington law, which of the following best describes the process and potential outcome of this proposed partial water right transfer?
Correct Answer
B) James must apply to the Department of Ecology for approval of the partial transfer; the Department will evaluate whether the transfer injures other water right holders before approving it.
Under RCW 90.03.380, the transfer of a water right — including a partial transfer of a portion of the permitted quantity — requires application to and approval by the Washington Department of Ecology. The Department evaluates the proposed transfer to ensure it will not injure other existing water right holders (e.g., by changing the point of diversion, place of use, or timing of use in ways that harm downstream or neighboring appropriators). If the transfer is approved, the transferred portion retains the original 1948 priority date in Linda's hands. Partial transfers are permissible under Washington law, but the approval process is mandatory.
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Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
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