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SHEEP MOUNTAIN v. ECOLOGY

No. 7288-6-III.

45 Wn. App. 427 (1986)

726 P.2d 55

SHEEP MOUNTAIN CATTLE COMPANY, Appellant, v. THE DEPARTMENT OF ECOLOGY, Respondent.

The Court of Appeals of Washington, Division Three.

September 23, 1986.

Attorney(s) appearing for the Case

Kelly Hancock and Hancock, Rawson & Sloan, Inc., for appellant.

Kenneth O. Eikenberry, Attorney General, Charles B. Roe, Jr., Senior Assistant, and Allen T. Miller, Jr., Assistant, for respondent.

GREEN, C.J.

The Department of Ecology (DOE) issued an order declaring Sheep Mountain Cattle Company's right to use public waters pursuant to a certificate had reverted to the State. The Pollution Control Hearings Board (PCHB) and the Superior Court affirmed DOE's order. Sheep Mountain appeals claiming its due process rights were violated because it was deprived of its water rights without notice and opportunity to be heard. We agree and reverse.

Sheep Mountain...

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