Washington § 90.36.040 - Right of neighboring owner to cap well — Lien.

Full text of Washington Revised Code of Washington § 90.36.040 — Right of neighboring owner to cap well — Lien., with citation guidance and answers to common questions.

§ 90.36.040. Right of neighboring owner to cap well — Lien.

Whenever any person, firm, corporation or company in possession or control of an artesian well shall fail to comply with the provisions of *this act, any person, firm, corporation or company lawfully in the possession of land situate adjacent to or in the vicinity or neighborhood of such well and within five miles thereof may enter upon the land upon which such well is situate, and take possession of such from which water is allowed to flow or escape in violation of the provisions of RCW 90.36.020, and cap such well and shut in and secure the flow or escape of water therefrom, and the necessary expenses incurred in so doing shall constitute a lien upon said well, and a sufficient quantity of land surrounding the same for the convenient use and operation thereof, which lien may be foreclosed in a civil action in any court of competent jurisdiction, and the court in any such case shall allow the plaintiff a reasonable attorney's fee to be taxed as a part of the cost. This shall be in addition to the penalty provided for in RCW 90.36.050.
[ 1901 c 121 s 4; RRS s 7407.]

Notes

*Reviser's note: "this act," see note following RCW 90.36.020.

Source: official Washington text · Last verified 2026-08-27

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Frequently Asked Questions About Washington § 90.36.040

What does Revised Code of Washington § 90.36.040 cover?

Section 90.36.040 ("Right of neighboring owner to cap well — Lien.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 90.36.040?

A common citation format is "Revised Code of Washington § 90.36.040" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 90.36.040 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Washington.