Washington Obligatory Well

State:
Multi-State
Control #:
US-OG-710
Format:
Word; 
Rich Text
Instant download

Description

This is a provision for an Operating Agreement that concerns the Assignment of rights to an obligatory well. It provides the assignment options if any proposed operations are necessary to maintain a Lease covered by the Agreement in force or an agreement to earn a lease(s) which would otherwise expire unless operations are conducted.

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FAQ

The new state law permitted withdrawals of up to 3,000 gallons per day in WRIA 1, but only for domestic purposes. If multiple homes share one exempt well, the total withdrawals for domestic purposes are capped at 5,000 gallons per day. Whatcom County required these limits to be recorded on the property's title.

Under Oregon law, all water belongs to the public. With some exceptions, cities, irrigators, businesses, and other water users must obtain a permit or license from the Water Resources Department to use water from any source - whether it is underground, or from lakes or streams.

You need a water right if you plan to use any amount of surface water (from a river, stream, spring, or lake) for any purpose. You need a water right if you plan to use groundwater (from a well) beyond small quantities exempt from the permitting process in RCW 90.03. 050 and title 173 WAC.

Permit-exempt wells are authorized through RCW 90.44. 050. This state law allows use of groundwater for specific purposes without the need to obtain a water rights permit. Although these permit-exempt uses don't require a water right permit, you are still subject to state water law.

In general, there are two sources of water rights?surface water and groundwater rights. If you have the right to divert water from a river, stream, lake, or spring, you have a surface water right. If you have the right to pump water from a well, you have a groundwater right.

When drilling a water well on your own property for your own consumptive use no more than once every two years. The well must meet all well construction regulation standards and be constructed by the actual property owner. There is no exemption for decommissioning wells.

Ownership History Fresh water, such as in lakes or rivers, or marine waters, such as in Puget Sound, are not owned by individuals. Water is man- aged by the state and protected for the common good. Generally, aquatic lands beneath these waters have been managed that way, too ? since statehood.

If you take water from a lake, river, stream, or creek, or from underground supplies for a beneficial use, the California Water Code (Division 2) requires that you have a water right.

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Washington Obligatory Well