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DEPARTMENT OF ECOLOGY v. PUD 1

No. 58272-6.

121 Wn.2d 179 (1993)

849 P.2d 646

THE DEPARTMENT OF ECOLOGY, ET AL, Respondents, v. PUBLIC UTILITY DISTRICT NO. 1 OF JEFFERSON COUNTY, ET AL, Appellants.

The Supreme Court of Washington, En Banc.

April 1, 1993.

Attorney(s) appearing for the Case

Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, by Albert R. Malanca and Kenneth G. Kieffer; William J. Barker, City Attorney for the City of Tacoma, and Mark L. Bubenik and G.S. Karavitis, Assistants, for appellants.

Christine O. Gregoire, Attorney General, and Jay J. Manning and William C. Frymire, Assistants, for respondents.

Priscilla Derick, R. Gerard Lutz, Alan S. Larsen, Elizabeth K. Reeve, Jay T. Waldron, Jody Williams, R. Blair Strong, and J. Jeffrey Dudley on behalf of Pacific Northwest Utilities, amicus curiae for appellants.

Katherine P. Ransel and John B. Arum, amici curiae for respondents.

GUY, J.

This case arises as a result of plans of the City of Tacoma and the Jefferson County Public Utility District 1 (hereinafter Tacoma) to build a hydroelectric facility on the Dosewallips River. Federal law requires Tacoma to obtain a certificate from the Washington State Department of Ecology (Ecology) before beginning construction. Ecology granted the certificate but conditioned it upon Tacoma maintaining a certain minimum streamflow in the affected portion...

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