Washington § 90.03.040 - Eminent domain — Use of water declared public use.

Full text of Washington Revised Code of Washington § 90.03.040 — Eminent domain — Use of water declared public use., with citation guidance and answers to common questions.

§ 90.03.040. Eminent domain — Use of water declared public use.

The beneficial use of water is hereby declared to be a public use, and any person may exercise the right of eminent domain to acquire any property or rights now or hereafter existing when found necessary for the storage of water for, or the application of water to, any beneficial use, including the right to enlarge existing structures employed for the public purposes mentioned in this chapter and use the same in common with the former owner, and including the right and power to condemn an inferior use of water for a superior use. In condemnation proceedings the court shall determine what use will be for the greatest public benefit, and that use shall be deemed a superior one: PROVIDED, That no property right in water or the use of water shall be acquired hereunder by condemnation for irrigation purposes, which shall deprive any person of such quantity of water as may be reasonably necessary for the irrigation of his or her land then under irrigation to the full extent of the soil, by the most economical method of artificial irrigation applicable to such land according to the usual methods of artificial irrigation employed in the vicinity where such land is situated. In any case, the court shall determine what is the most economical method of irrigation. Such property or rights shall be acquired in the manner provided by law for the taking of private property for public use by private corporations.
[ 2013 c 23 s 592; 1917 c 117 s 4; RRS s 7354. Formerly RCW 90.04.030.]

Notes

Eminent domain by corporations: Chapter 8.20 RCW.

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

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Frequently Asked Questions About Washington § 90.03.040

What does Revised Code of Washington § 90.03.040 cover?

Section 90.03.040 ("Eminent domain — Use of water declared public use.") 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 § 90.03.040?

A common citation format is "Revised Code of Washington § 90.03.040" (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 § 90.03.040 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

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