§ 90.66.040 — Definitions.

Washington § 90.66.040

• Jurisdiction: Washington
• Title 90: WATER RIGHTS—ENVIRONMENT
• Ch. 90.66: FAMILY FARM WATER ACT

Text

For the purposes of this chapter, the following definitions shall be applicable:

(1) "Family farm" means a geographic area including not more than six thousand acres of irrigated agricultural lands, whether contiguous or noncontiguous, the controlling interest in which is held by a person having a controlling interest in no more than six thousand acres of irrigated agricultural lands in the state of Washington which are irrigated under rights acquired after December 8, 1977.

(2) "Person" means any individual, corporation, partnership, limited partnership, organization, or other entity whatsoever, whether public or private. The term "person" shall include as one person all corporate or partnership entities with a common ownership of more than one-half of the assets of each of any number of such entities.

(3) "Controlling interest" means a property interest that can be transferred to another person, the percentage interest so transferred being sufficient to effect a change in control of the landlord's rights and benefits. Ownership of property held in trust shall not be deemed a controlling interest where no part of the trust has been established through expenditure or assignment of assets of the beneficiary of the trust and where the rights of the family farm permit which is a part of the trust cannot be transferred to another by the beneficiary of the trust under terms of the trust. Each trust of a separate donor origin shall be treated as a separate entity and the administration of property under trust shall not represent a controlling interest on the part of the trust officer.

(4) "Department" means the department of ecology of the state of Washington.

(5) "Application", "permit" and "public waters" shall have the meanings attributed to these terms in chapters 90.03 and 90.44 RCW.

(6) "Public water entity" means any public or governmental entity with authority to administer and operate a system to supply water for irrigation of agricultural lands.

(7) "Transfer" means a transfer, change, or amendment to part or all of a water right authorized under RCW 90.03.380 , 90.03.390 , or 90.44.100 or chapter 90.80 RCW.

(8) "Withdraw" means to withdraw groundwater or to divert surface water.

Finding — Intent — Severability — Effective date — 2001 c 237: See notes following RCW 90.82.040 .

Intent — 2001 c 237: See note following RCW 90.66.065 .

Legislative History

[2001 c 237 s 24;1979 c 3 s 4(Initiative Measure No. 59, approved November 8, 1977).]