Help/Assistance

For assistance information and materials please visit https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Water-right-permits.

Subject matter expert contact information:

Contacts

Surface Reservoir Permit

Description/Purpose

The Surface Reservoir permit is a legal water right to fill a constructed impoundment.

Triggers and activities which would require this permit

Ecology requires a reservoir permit to fill impoundments that will store water to a depth of 10 or more feet, or impoundments that will retain 10 or more acre-feet of water. This definition applies to both off-channel and in-stream impoundments.

Costs/Fees
50
see details

Fees vary depending on amount of water. There is a minimum $50 application fee. The fee to appropriate new water will be assessed at the rate of $1 per one hundredth cubic foot per second (cfs), and the fee for new water-storage projects will be $2 per acre-foot of storage. The maximum application fee to appropriate or store water is $25,000.

All fees are non-refundable per RCW 90.03.470(13).

Statutory Details: RCW 90.03.470

Prepared from information and data submitted for calendar year 2024.

Application Information

The application is called 'Application for a Surface Reservoir Permit' is online and can be accessed at https://fortress.wa.gov/ecy/publications/summarypages/ecy040160.html.

The application form may specify reports, maps, and other information you should submit with your application.

When making the decision on your permit, Ecology will consider the applicable laws and rules, the contents of your application, and the background environmental conditions.

See the pre-application consultation process instructions above.

If you skip the pre-application process, mail the Application for a Surface Reservoir Permit with a $50.00 check to:

   Department of Ecology
   Cashiering Section
   PO Box 47611
   Olympia, WA 98504-7611

A reservoir permit must be put to use within a timeframe specified by the permit development schedule. Once the permit has been put to use, the state may issue a Reservoir Certificate. A Reservoir Certificate is a property right and will remain in good standing as long as use continues. A water right may lapse if there is a prolonged period of nonuse, (generally five years) unless you qualify for an exception as provided in RCW 90.14.140. Unless otherwise specified, a reservoir permit will allow the permittee to fill the reservoir once a year. The permit specifically states the period during which the reservoir can be filled.

An order, permit, license, or decision can be appealed within 30 days from the “date of receipt” of the decision. The appeal process is governed by Chapter 43.21B RCW and Chapter 371-08 WAC. “Date of receipt” is defined in RCW 43.21B.001(2).

Get more information on the Pollution Control Hearings Board web page.

Agency Analysis
2
n/a
n/a
1891
n/a
1893
n/a
see details
47

We built up a backlog decades ago:

  • Pre-2020 applications didn't require the applicant to provide evidence and data. Ecology Permit Writers were expected to investigate availability and impacts, which took more time to review than could be spent making decisions and keeping up with the incoming applications.
  • Many applications in the backlog are intentionally being held for various reasons relating to water availability determinations, adjudication review, instream flow considerations, Tribal land overlap complications, etc.

Prepared from information and data submitted for calendar year 2024.

Permit Timeliness Results

Permit Timeliness data collection is in response to a State Auditor’s Performance Audit and RCW 43.42A. Each regulatory agency developed a plan to improve permit clarity, predictability, and timeliness. Each agency considers the customers experience to ensure permit assistance is simple to use, easy to access, and designed in a customer-friendly manner. Agencies report progress to the Governor’s Office for Regulatory Innovation and Assistance (ORIA). ORIA prepares and distributes reports, with participation from the State Auditor’s Office and Results Washington. See latest report here: https://www.oria.wa.gov/ORIA-2020-PermitTimelinessProgressReport.pdf.

Estimated Time Required By the Agency to Process a Permit Application (Definition)
Average days from Receipt to Complete: 2
Maximum days from Receipt to Complete: Unable to report any results

Estimated Time Required By the Agency to Issue a Permit Decision (Definition)
Average days from Complete Application to Decision: 1891
Maximum days from Complete Application to Decision: 2783


(Summary results based on 2 submittals in 2024)

Published Decision Time
n/a

The time to make a decision on an application takes about 1,900 days, on average, but permit decisions might result in denial. The time it takes Ecology to review an application will depend on: water location, water availability, project complexity, and other applications competing for the same source of water.

A significant backlog of pending water right applications exists in many watersheds. However, opportunities to expedite processing are available via the cost reimbursement process. In addition, an application may qualify for priority processing due to public health or environmental reasons (See Chapter 173-152 WAC).

Statutory Details:

  • There is no statutorily or administratively prescribed decision timelines for processing reservoir permit applications.
  • The actual time will vary according to location, water availability, complexity, and the number of other applications competing for the same source of water.
  • Finally, some reservoir applications may meet the criteria of RCW 90.03.370(1)(b) for expedited processing.

Prepared from information and data submitted for calendar year 2024.

Legal authority
Contacts
Department of Ecology
Water Resources Program
Headquarters
300 Desmond Drive
PO Box 47600
Olympia WA 98504-7600
Website: https://ecology.wa.gov/About-us/Get-to-know-us/Our-Programs/Water-Resources
Fax: (360) 407-7162
Telephone: (360) 407-6872
Department of Ecology, Northwest Region
Water Resources Program
3190 - 160th Ave SE
Bellevue WA 98008-5452
Website: https://ecology.wa.gov/About-us/Get-to-know-us/Our-Programs/Water-Resources
Telephone: (425) 649-7000
Department of Ecology, Southwest Region
Water Resources Program
300 Desmond Dr
PO Box 47775
Olympia WA 98504-7775
Website: https://ecology.wa.gov/About-us/Get-to-know-us/Our-Programs/Water-Resources
Telephone: (360) 407-6300
Department of Ecology, Central Region
Water Resources Program
15 Yakima Avenue
Suite 200
Yakima WA 98902-3452
Website: https://ecology.wa.gov/About-us/Get-to-know-us/Our-Programs/Water-Resources
Telephone: (509) 575-2597
Department of Ecology, Eastern Region
Water Resources Program
4601 N. Monroe
Spokane WA 99205-1295
Website: https://ecology.wa.gov/About-us/Get-to-know-us/Our-Programs/Water-Resources
Telephone: (509) 329-3400
Triggering Questions
  • Are you planning to create a reservoir in which to store water?
* Credential details last updated 8/21/2023
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