SWINOMISH INDIAN TRIBAL COMMUNITY, a federally recognized Indian tribe, Appellant,
v.
WASHINGTON STATE DEPARTMENT OF ECOLOGY, Respondent.
Supreme Court of Washington, En Banc.https://leagle.com/images/logo.png
October 3, 2013.
October 3, 2013.
Attorney(s) appearing for the Case
Joshua Osborne-Klein , Ziontz Chestnut Varnell Berley & Slonim, Marc Slonim , Attorney at Law, Seattle, WA, Emily Rae Hutchinson Haley, Attorney at Law, La Conner, WA, for Appellant.
Adam Waldon Gravley , Van Ness Feldman LLP, Seattle, WA, Amicus Curiae on behalf of Washington Water Utilities Council.
P. Stephen Dijulio , Joseph Anthony Brogan Foster Pepper PLLC, Seattle, WA, for Other Parties.
Supreme Court of Washington, En Banc.
MADSEN, C.J.
¶ 1 This case involves the validity of an amended rule from the Department of Ecology (Ecology) that reserves water from the Skagit River system for future year-round out-of-stream uses, despite the fact that in times of low stream flows these uses will impair established minimum instream flows necessary for fish, wildlife, recreation, navigation, scenic and aesthetic values. Ecology relies on RCW 90.54.020(3)(a) for authority to make the reservations...
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