In the Matter of the Determination of the Rights to the Use of the Surface Waters of the Yakima River Drainage Basin, in Accordance with the Provisions of Chapter 90.03, Revised Code of Washington,
The STATE of Washington, DEPARTMENT OF ECOLOGY, Plaintiff/Respondent/Cross Appellant,
v.
James J. ACQUAVELLA, Ahtanum Irrigation District, Benton Irrigation District, Broadgauge Ditch Company, Cascade Irrigation District, Columbia Irrigation District, Ellensburg Water Company, Fowler Ditch Company, Fruitvale-Schanno Ditch Company, City of Grandview, Grandview Irrigation District, Granger Irrigation District, Home Irrigation District, City of Granger, Kiona Irrigation District, Konewock Ditch Company, Town of Mabton, Moxee Ditch and Moxee Ditch Sub A, Moxee Hubbard Ditch Company, Naches-Selah Irrigation District, New Schanno Ditch Company, Old Union Ditch Company, Outlook Irrigation District, Piety-Flat Ditch Company, City of Prosser, Prosser Falls Land & Power Co., Prosser Irrigation District, R.S. & C. Irrigation Company, City of Richland, Selah-Moxee Irrigation District, Snipes Mountain Irrigation District, Special Warren Act Tracts (Michell & Rank), Sunnyside Valley Irrigation District, City of Sunnyside, Union Gap Irrigation District, West Side Irrigation Company, Yakima Valley Canal Company, City of Zillah, and Zillah Irrigation District, Defendants,
Yakima-Tieton Irrigation District, Kennewick Irrigation District, Kittitas Reclamation District, Roza Irrigation District, Sunnyside Division Board of Control, United States of America, City of Yakima, and Yakima Reservation Irrigation District, Defendants/Appellants, and
Yakama Indian Nation, Defendant/Cross Appellant.
Supreme Court of Washington, En Banc.https://leagle.com/images/logo.png
Argued November 19, 1996.
Decided April 24, 1997.
Attorney(s) appearing for the Case
Katherine P. Ransel, Seattle, Amicus Curiae on behalf of American Rivers.
Halverson & Applegate, Donald H. Bond, Lawrence E. Martin, Yakima, Cone, Gilreath, Ellis & Cole, John P. Gilreath, Ellensburg, Preston, Gates & Ellis, Elizabeth Thomas, Seattle, Flower & Andreotii, Charles Flower, Patrick Andreotti, Yakima, Raekes, Rettig, Osborne, Forgette & O'Donnell, Francois X. Forgette, Brian Iller, Kennewick, Cowan, Walker, Jonson, Moore, Nickola & Heye, Thomas A. Cowan, Jr., Richland, Raymond L. Paolella, Lyon, Weigand, Suko & Gustafson, J. Eric, Gustafson, Jeffrey R. Cutter, Yakima, for Appellant.
Talbott, Simpson, Gibson, Davis & Bruns, Jerry D. Talbott, James E. Davis, Yakima, Mark Kunkler, Sunnyside City Attorney, Sunnyside, Velikanje, Moore & Shore, Inc., PS, Carter L. Fjeld, Yakima, Jack Hockberger, U.S. Dept. of the Interior, Boise, ID, Terry Miller, Kennewick, for Defendant.
Charles O'Connell, U.S. Department of Justice, Washington, DC, Yakima Indian Nation, Toppenish, Cockrill & Weaver, Timothy R. Weaver, Yakima, Peter A. Appel, Lois J. Schiffer, Robert L. Klarquist, Washington, DC, Jeffrey Schuster, Seattle, for Respondents.
Supreme Court of Washington, En Banc.
DOLLIVER, Justice.
In a direct appeal, the Yakima-Tieton Irrigation District (YTID) challenges several aspects of the trial court's ruling on YTID's water right. The Department of Ecology and numerous other parties have cross-appealed.
This direct appeal arises from a general adjudication of water rights in the Yakima River Basin that began in 1977. Other matters concerning the adjudication have been before this court...
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