ECOLOGY v. BUREAU OF RECLAMATION

No. 57563-1.

118 Wn.2d 761 (1992)

827 P.2d 275

THE DEPARTMENT OF ECOLOGY, Respondent, v. THE UNITED STATES BUREAU OF RECLAMATION, Defendant, QUINCY-COLUMBIA BASIN IRRIGATION DISTRICT, ET AL, Appellants.

The Supreme Court of Washington, En Banc.

April 9, 1992.


Attorney(s) appearing for the Case

Lemargie & Whitaker, by Richard A. Lemargie; Baird & White, by John W. Baird, for appellants.

Kenneth O. Eikenberry, Attorney General, and Thomas McDonald, Assistant, for respondent.


JOHNSON, J.

The Washington State Department of Ecology (Department) granted to J.M. Hanson a permit to appropriate water from a stream running across his property. Hanson's property is located within the boundaries of a federal irrigation project and the stream carries, at least in part, water that the project diverted from the Columbia River pursuant to the federal government's own rights of appropriation.

A federal agency and three irrigation districts appealed...

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