19.04.100 Water Resources. Walla Walla County recognizes that the conservation and development of water resources are essential to preservation of the custom, culture and economic stability of its citizens and protection and use of their environment. To the extent permitted by law, federal and state agencies shall avoid taking actions affecting water rights and water resources that are incompatible with local custom, culture and economic stability or preservation and use of the environment, or that otherwise fail to protect private property rights and local determination.
A. Any federal or state action that has or could have the effect of changing existing water rights or water uses within the County shall be critically considered in relationship to the historic and current use of water in the County by humans, vegetation, livestock and wildlife. It is the intent of the County to assist federal and state agencies in the planning and management of the County's natural, cultural, economic and environmental resources related to water use. Since the regulation of any aspect of water rights or water use may impact the ability of County citizens to use land and natural resources, all federal and state agencies shall, when taking any action related to restricting or limiting water use or water rights, (i) notify the County of proposed actions, (ii) provide a detailed statement assessing the specific effects on the custom, culture, economy and environment of Walla Walla County, (iii) consider all alternatives to the taking of such actions, and (iv) to the extent permitted by law, take appropriate mitigation measures adopted with the concurrence of the County.
B. Any proposed definition of wetlands, any action affecting the management of river flows or the sources or uses of irrigation, and any other federal or state action that has any effect on water rights or water uses within the County (i) shall be coordinated with the County, (ii) to the extent permitted by law, shall comply with all County water use plans and (iii) shall not violate any water rights.
C. To the extent permitted by law, Walla Walla County shall have the authority to define and designate wetlands, and to the extent such authority is exercised, and otherwise in accordance with law, federal and state agencies shall act in compliance with acceptance and enforcement of such definitions and designations. In addition, the County may continue to develop, in coordination with private land owners and governmental agencies, water management, plans that encompass water resources on both governmentally owned and privately owned lands.
D. To the extent permitted by law, Walla Walla County shall have the authority to establish development regulations for point source and non-point source water pollution. To the extent such authority is exercised, and otherwise in accordance with law, federal and state agencies shall be subject to, and shall comply with all administrative requirements, controls, processes, and sanctions of such development regulations.
E. The use of water that originates from sources outside Walla Walla County has been and continues to be an important part in the preservation of custom, culture and economic stability and the protection and use of the environment of Walla Walla County. The provisions of this section shall therefore apply fully to actions taken by federal and state agencies in any jurisdiction that affect water rights and water uses within Walla Walla County.
F. Before any federal or state agency acquires or agrees to acquire any interest in water rights in Walla Walla County, directly, indirectly or in trust, for any purpose (including for transfer to or use in any other jurisdiction), by donation, purchase, condemnation or otherwise, such agency shall fully comply with all provisions of this Ordinance. In addition, federal and state agencies shall not acquire for any public purpose any interest in water rights within Walla Walla County without (i) first coordinating and consulting with the County, and (ii) ensuring that private water rights are protected.
Water rights established historically by the citizens of Walla Walla County to support private enterprise in the pursuit of mining, livestock raising, and irrigated agriculture as well as for domestic use are recognized to have the same status as "real property", i.e. real estate, and shall be protected as such.
Water is so essential to agricultural development that the right to its use, established upon diversion and appropriation, is considered not just as "a property right in itself', but as a complement of, "or one of the appurtenances of, the land or other thing to which, through necessity, said water is being applied." Title right to continue the use of any such water shall never be denied or prevented from any other cause than the failure on the part of the user there of to pay the ordinary charges or assessments which may be made to cover the expenses for the delivery of such water. Pursuant to this section a water right has all the qualities and elements of a property right and is considered akin to a real property right In other words, a water right is to be considered as realty.