wa-law.org > bill > 2025-26 > HB 2544 > Original Bill
Due to the unique nature of the water rights in the upper Columbia river area, the legislature finds that it would create efficiencies and reduce unnecessary costs on water users to phase the general adjudication process to address significant federal and tribal water rights claims prior to engaging other claimants and streamline service of process requirements.
It is the intent of the legislature to establish a pilot process to determine whether there would be an overall benefit to water users throughout the state to modify the procedures for future general adjudications statewide.
The department is authorized to and shall initiate a general adjudication of the upper Columbia river in accordance with this section. When initiated, the provisions under RCW 90.03.110 through 90.03.130, and 90.44.220 do not apply to this adjudication.
The department may initiate the general adjudication of the upper Columbia river area by filing in the superior court of Stevens county a report containing the following:
A brief statement of the facts in relation to such water, and the necessity for a determination of the rights thereto; and
A map of the geographic area to be included in the general adjudication.
Prior to filing the adjudication under subsection (2) of this section, the department shall:
Consult with the administrative office of the courts to determine whether sufficient judicial resources are available to commence and to prosecute the adjudication in a timely manner under this pilot; and
Inform the appropriate committees of the legislature of the estimated budget needs for the court and the department to conduct the adjudication.
Upon the filing of the statement and map as provided in subsection (2) of this section and in accordance with subsection (10) of this section, the judge of Stevens county superior court shall issue an order directing summons to be issued by the court and served by the department on federal and federally recognized tribal government entities known to have asserted water rights within the adjudication area identified under subsection (2)(b) of this section. The return day of the summons must be at least 100, but not more than 130, days after the issuance of the order. For good cause and at the request of the department, the court may extend the return day.
Following issuance of summons under subsection (4) of this section, the department shall serve the federal and federally recognized tribal government claimants identified in the summons personally or by first-class mail. Personal service of summons may be made by employees of the department. For service by mail, completion of service occurs five judicial days after mailing.
Prior to the return day specified in a summons issued under this section, federal and federally recognized tribal government claimants served under subsection (5) of this section may file their claims with the superior court on a form prepared by the department and approved by the court in accordance with RCW 90.03.140. Notwithstanding RCW 90.03.645(2), at any time after the filing of claims under this subsection, the department may engage in settlement negotiations with federal and federally recognized tribal government claimants. During the course of any settlement negotiation, the parties must provide annual status reports to the superior court by December 31st of each year.
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The Stevens county superior court shall issue an order instructing the department to submit a report that identifies potential claimants to the adjudication not already served under this section. The order must be issued by the earlier of:
180 days after the United States, jointly with one or more tribal governments served under subsection (5) of this section, file a motion to approve a proposed settlement with the Stevens county superior court for consideration under RCW 90.03.645(3); or
June 1, 2033.
The department shall make reasonable efforts to identify potential claimants by, at a minimum, identifying:
Each person or entity owning real property situated within the area to be adjudicated, but outside the boundaries of a service area of a city, town, or public water system that provides water to property within its service area; and
All known persons claiming a right to the water sought to be determined.
Following receipt of the report of potential claimants under subsection (7) of this section, the court shall make an order directing summons to be issued by the court and served by the department on all potential claimants not already served. The return day of the summons must be 130 days after the anticipated date for completion of service by publication under subsection (9) of this section. For good cause and at the request of the department, the court may extend the return day.
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The department shall serve the summons issued under subsection (8) of this section on all entities and persons identified in the report of known potential claimants required under subsection (7) of this section personally or by first-class mail. Personal service of summons may be made by employees of the department. For service by mail, completion of service occurs five judicial days after mailing.
The department shall serve the summons issued under subsection (8) of this section by publication on unidentified potential claimants and any potential claimants where service by mail was returned undelivered or attempts at personal service were ineffective. Service by publication must be made by publication of the summons in a newspaper of general circulation once a week for six consecutive weeks, six publications, in the county in which such proceeding is pending and in each county in which any portion of the water is situated. Service by publication is complete at the end of the sixth week of publication.
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The summons and all subsequent court documents for the adjudication under this section must be captioned "In re the general adjudication of all rights to use water in the Upper Columbia River area" or in a substantially similar manner.
The summons must contain a brief statement of the objects and purpose of the proceedings, require the claimants to make and file an adjudication claim to, or interest in, the water involved, and contain a statement that unless they assert such right by the return day, judgment will be entered determining their rights according to the evidence.
To the extent consistent with court rules and subject to the availability of funds provided either by direct appropriation or funded through the administrative office of the courts for this specific adjudicative proceeding, the court is encouraged to conduct the water rights adjudication employing innovative practices and technologies appropriate to large scale and complex cases, such as:
Electronic filing of documents, including notices and claims;
Appearance via videoconferencing;
Prefiling of testimony; and
Other practices and technologies consistent with court rules and emerging technologies.
Except as provided under subsection (6) of this section, following completion of service of summonses as provided in this section, the general adjudication of the upper Columbia river is subject to RCW 90.03.140 through 90.03.240 and 90.03.620 through 90.03.645.
The expenses incurred by the state in a proceeding to determine rights to water initiated under this section or upon appeal of such a determination shall be borne by the state. Subject to the availability of state funding provided either by direct appropriation or funded through the administrative office of the courts for this specific purpose, the county in which an adjudication or a suit to administer an adjudication is being held must be provided the extraordinary costs imposed on the superior court of that county due to the adjudication.
Rights subject to determination proceedings conducted under this section include all rights to the use of surface water and groundwater, including all diversionary and instream water rights, and include rights to the use of water claimed by the United States. Any persons claiming the right to water by virtue of a contract with a claimant to the right to divert the same are not necessary parties to the proceeding.
Nothing in this section may be construed as establishing or creating any new rights to the use of water. This section relates exclusively to the confirmation of water rights established or created under other provisions of state law or under federal laws.
Upon expiration of each filing period established by a return day under subsections (4) and (8) of this section, the department shall file a motion for default against defendants who have been served but who have failed to timely file an adjudication claim under RCW 90.03.140. A party in default may file a late claim under the same circumstances the party could respond or defend under court rules on default judgments.
The department shall report to the relevant committees of the legislature and the office of financial management by June 15, 2035, to evaluate the pilot process and make recommendations to the legislature for changes to general adjudications to streamline the process, improve efficiency, and reduce costs.
This section only applies to the general adjudication of the upper Columbia river area.
For purposes of this section:
"Judicial day" means the days of the week other than Saturdays, Sundays, or legal holidays.
"Return day" means the latest date to file an adjudication claim for a water right pursuant to a summons.
This section expires December 31, 2035.
Upon the filing of a petition with the department by a planning unit or by one or more persons claiming the right to any waters within the state or when, after investigation, in the judgment of the department, the public interest will be served by a determination of the rights thereto, the department shall prepare a statement of the facts, together with a plan or map of the locality under investigation, and file such statement and plan or map in the superior court of the county in which said water is situated, or, in case such water flows or is situated in more than one county, in the county which the department shall determine to be the most convenient to the parties interested therein. Such a statement shall:
Either (i) identify each person or entity owning real property situated within the area to be adjudicated but outside the boundaries of a city, town, or special purpose district that provides water to property within its service area; (ii) identify all known persons claiming a right to the water sought to be determined; or (iii) identify both; and
Include a brief statement of the facts in relation to such water, and the necessity for a determination of the rights thereto.
Prior to filing an adjudication under this chapter, the department shall:
Consult with the administrative office of the courts to determine whether sufficient judicial resources are available to commence and to prosecute the adjudication in a timely manner; and
Report to the appropriate committees of the legislature on the estimated budget needs for the court and the department to conduct the adjudication.
This section does not apply to the upper Columbia river area adjudication pilot process under section 2 of this act.
Upon the filing of the statement and map as provided in RCW 90.03.110 the judge of such superior court shall make an order directing summons to be issued, and fixing the return day thereof, which shall be not less than 100 nor more than 130 days, after the making of such order: PROVIDED, That for good cause, the court, at the request of the department, may modify said time period: PROVIDED FURTHER, That for an adjudication filed in water resource inventory area 1 after June 1, 2023, the return day for the latest time to file claims pursuant to such a summons shall be not less than one year after the making of such an order, unless special rules of procedure established by the court pursuant to RCW 90.03.160(3) provide for a later date.
A summons issued under this section shall be issued out of said superior court, signed and attested by the clerk thereof, in the name of the state of Washington, as plaintiff, against all known persons identified by the department under RCW 90.03.110. The summons shall contain a brief statement of the objects and purpose of the proceedings and shall require the defendants to appear on the return day thereof, and make and file an adjudication claim to, or interest in, the water involved and a statement that unless they appear at the time and place fixed and assert such right, judgment will be entered determining their rights according to the evidence: PROVIDED, HOWEVER, That any persons claiming the right to water by virtue of a contract with a claimant to the right to divert the same, shall not be necessary parties to the proceeding: PROVIDED FURTHER, That for an adjudication filed in water resource inventory area 1 after June 1, 2023, the latest day for a party to appear by filing a claim in response to such a summons shall be set by the court and listed within the summons as a date not less than one year after the service of said summons, unless special rules of procedure established by the court pursuant to RCW 90.03.160(3) provide for a later date.
To the extent consistent with court rules and subject to the availability of funds provided either by direct appropriation or funded through the administrative office of the courts for this specific adjudicative proceeding, the court is encouraged to conduct the water rights adjudication employing innovative practices and technologies appropriate to large scale and complex cases, such as: (a) Electronic filing of documents, including notice and claims; (b) appearance via teleconferencing; (c) prefiling of testimony; and (d) other practices and technologies consistent with court rules and emerging technologies.
This section does not apply to the upper Columbia river area adjudication pilot process under section 2 of this act.
Service of said summons shall be made in the same manner and with the same force and effect as service of summons in civil actions commenced in the superior courts of the state: PROVIDED, That as an alternative to personal service, service may be made by certified mail, with return receipt signed and dated by defendant, a spouse of a defendant, or another person authorized to accept service. If the defendants, or either of them, cannot be found within the state of Washington, of which the return of the sheriff of the county in which the proceeding is pending or the failure to sign a receipt for certified mail shall be prima facie evidence, upon the filing of an affidavit by the department, or its attorney, in conformity with the statute relative to the service of summons by publication in civil actions, such service may be made by publication in a newspaper of general circulation in the county in which such proceeding is pending, and also publication of said summons in a newspaper of general circulation in each county in which any portion of the water is situated, once a week for six consecutive weeks (six publications). Except as provided in subsection (3) of this section, the summons by publication shall state that adjudication claims must be filed within 60 days after the last publication or before the return date, whichever is later. In cases where personal service or service by certified mail is had, summons must be served at least 60 days before the return day thereof. For summons by certified mail, completion of service occurs upon the date of receipt by the defendant.
Personal service of summons may be made by department of ecology employees for actions pertaining to water rights.
For an adjudication filed in water resource inventory area 1 after June 1, 2023, any summons shall state that adjudication claims must be within the time frame set pursuant to RCW 90.03.120, unless special rules of procedure established by the court pursuant to RCW 90.03.160(3) provide for a later date.
This section does not apply to the upper Columbia river area adjudication pilot process under section 2 of this act.
Upon the filing of a petition with the department by a planning unit or by one or more persons claiming a right to any waters within the state or when, after investigation, in the judgment of the department, the public interest will be served by a determination of the rights thereto, the department shall file a petition to conduct an adjudication with the superior court of the county for the determination of the rights of appropriators of any particular groundwater body and all the provisions of RCW 90.03.110 through 90.03.240 and 90.03.620 through 90.03.645, shall govern and apply to the adjudication and determination of such groundwater body and to the ownership thereof. Hereafter, in any proceedings for the adjudication and determination of water rightseither rights to the use of surface water or to the use of groundwater, or bothpursuant to chapter 90.03 RCW, all appropriators of groundwater or of surface water in the particular basin or area may be included as parties to such adjudication, as set forth in chapter 90.03 RCW.
This section does not apply to the upper Columbia river area adjudication pilot process under section 2 of this act.