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IN RE CHILIWIST CREEK

No. 40002.

77 Wn.2d 658 (1970)

466 P.2d 513

In the Matter of the Determination of the Rights to the Use of the Waters of CHILIWIST CREEK. M.G. WALKER, Appellant, v. BILES-COLEMAN LUMBER COMPANY et al., Defendants, THE STATE OF WASHINGTON, Respondent.

The Supreme Court of Washington, En Banc.

February 26, 1970.

Attorney(s) appearing for the Case

The Attorney General, Charles B. Roe, Jr. and Robert H. Lamp, Assistants, for appellant.

The Attorney General and Theodore O. Torve, Assistant, for respondent.

NEILL, J.

The Supervisor of Water Resources appeals from a decree adjudicating the rights to the use of water of Chiliwist Creek. The supervisor is statutory referee. RCW 90.03.160. Chiliwist Creek is a small, nonnavigable tributary to the Okanogan River and lies entirely within Okanogan County.

Among the 14 claims filed in the proceedings, is the claim of the Department of Natural Resources of the state which claims riparian and appropriative rights for stock...

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