SCHUH v. DEPARTMENT OF ECOLOGY

No. 49238-7.

100 Wn.2d 180 (1983)

667 P.2d 64

In the Matter of ROBERT L. SCHUH, Respondent, v. THE DEPARTMENT OF ECOLOGY, Petitioner.

The Supreme Court of Washington, En Banc.

July 28, 1983.


Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, Charles B. Roe, Jr., Senior Assistant, and Wick Dufford, Assistant, for petitioner.

Ries & Kenison, by Lawrence L. Tracy, for respondent.


ROSELLINI, J.

Respondent, Robert L. Schuh, sought permission to transfer a groundwater right to a new location. The Pollution Control Hearings Board (PCHB) denied permission, the Superior Court reversed and the Court of Appeals affirmed. We hold that the trial court erred in vacating the decision of the PCHB and reverse.

This dispute arose from the following facts. Respondent, like many farmers in Eastern Washington, would like to irrigate his 160-acre farm...

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