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  5. 947 P.2d 732 (1997)
 

OWL, INC. v. TOWN OF TWISP

No. 63972-8.

947 P.2d 732 (1997)

133 Wash.2d 769

OKANOGAN WILDERNESS LEAGUE, INC., Appellant, v. TOWN OF TWISP and State of Washington, Department of Ecology, Respondents.

Supreme Court of Washington, En Banc.

Decided December 4, 1997.

Attorney(s) appearing for the Case

Rachel Paschal, Michele C. Lechak, Seattle, amicus curiae on behalf of Center for Environmental Law & Policy

Earth Justice Legal Defense Fund, Todd True, John B. Arum, Seattle, for Appellant.

Callaway, Howe & Detro, Scott Detro, Omak, Christine Gregoire, Atty. Gen., Mark Jobson, Philip McDonald, Asst. Atty. Gen., Olympia, for Respondent.

MADSEN, Justice.

The Okanogan Wilderness League (OWL) appeals from a superior court decision affirming the Pollution Control Hearings Board's (Board) change in the diversion point of the Town of Twisp's 1912 water right from a surface diversion point to wells drawing from groundwater. We reverse.

FACTS

In August 1912, Twisp executed a notice of water right with an intent to divert 10 cubic feet per second...

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