FIVE CORNERS FAMILY FARMERS v. STATE

No. 84632-4.

268 P.3d 892 (2011)

173 Wash.2d 296

FIVE CORNERS FAMILY FARMERS, Scott Collin, The Center for Environmental Law and Policy, and Sierra Club, Appellants/Cross-Respondents, v. STATE of Washington, and Washington Department of Ecology, Respondents, Easterday Ranches, Inc., Respondent/Cross-Appellant, Washington Cattlemen's Association, Columbia Snake River Irrigators Association, Washington State Dairy Federation, Northwest Dairy Association, Washington Cattle Feeders Association, Cattle Producers of Washington, Washington State Sheep Producers, and Washington Farm Bureau, Respondents/Intervenors.

Supreme Court of Washington, En Banc.

Decided December 22, 2011.


Attorney(s) appearing for the Case

Janette K. Brimmer , Kristen L. Boyles , Earthjustice, Seattle, WA, for Appellants/Cross-Respondents.

Mary Sue Wilson , Office of the Attorney General, Olympia, WA, for Respondents.

William Louis Cameron , Lee Smart PS Inc, Seattle, WA, R. Crane Bergdahl , Attorney at Law, Pasco, WA, for Respondents/Cross-Appellant.

Gregory S. McElroy , McElroy Law Firm PLLC, Seattle, WA, James Laurence Buchal , Murphy & Buchal LLP, Portland, OR, Jeffrey David Slothower , Attorney at Law, Ellensburg, WA, for Respondents/Intervenors.

David L. Monthie , DLM & Associates, Olympia, WA, amicus counsel for Aqua Permanente.

Brian Cammiade Gruber , Ziontz Chestnut Varnell Berley & Slonim, Seattle, WA, amicus counsel for Colville Confederated Tribes.

Lauren Patricia Rasmussen , Law Offices of Lauren P. Rasmussen PLLC, Seattle, WA, amicus counsel for Jamestown S'klallam Tribe & Port Gamble S'klallam Tribe.

Diana Rae Bob , Lummi Nation, Bellingham, WA, amicus counsel for Lummi Nation.

Bill Tobin , Attorney at Law, Vashon, WA, amicus counsel for Nisqually Tribe.

Samuel Judge Stiltner , Lisa A. Brautigam , Puyallup Indian Tribe, Tacoma, WA, amicus counsel for Puyallup Tribe of Indians.

Karen Allston , Quinault Indian Nation, Taholah, WA, amicus counsel for Quinault Indian Nation.

Melody L. Allen , Suquamish Tribe, Office of Tribal Attorney, Suquamish, WA, amicus counsel for Suquamish Tribe.

Emily Rae Hutchinson , Attorney at Law, La Conner, WA, amicus counsel for Swinomish Indian Tribal Community.

Jeffrey S. Schuster , Attorney at Law, Seattle, WA, amicus counsel for Yakama Nation.


OWENS, J.

¶ 1 By statute, the legislature requires a permit to withdraw public groundwater or to construct a well to do so. RCW 90.44.050. The statute also provides exemptions from the permit requirement for certain uses. This case concerns the scope of one of those exemptions. We conclude that, under the plain language of the statute, withdrawals of groundwater for stock-watering purposes are not limited to any particular quantity by RCW 90.44.050. Accordingly...

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