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HUBBARD v. STATE

No. 15227-8-III.

936 P.2d 27 (1997)

86 Wash.App. 119

James D. HUBBARD, and John H. Hubbard, both married persons, Appellants, v. STATE of Washington, Department of Ecology, Respondent.

Court of Appeals of Washington, Division 3, Panel Three.

May 1, 1997.

Attorney(s) appearing for the Case

W. Scott Detro, Callaway, Howe & Detro, Omak, for Appellant.

Martha J. Casey, Assistant Attorney General, Olympia, for Respondent.

Rachael Paschal, Center for Environmental Law & Policy, Seattle, for Amicus Curiae.

SCHULTHEIS, Judge.

Permits to draw water from wells in the Okanogan River Basin must be conditioned on maintenance of the Okanogan River's minimum flow rates if the Department of Ecology decides the local groundwater source is significantly connected with the river. WAC 173-549-027; 173-549-060. Brothers John and James Hubbard1 were granted permits that indicated they would have to cease irrigating from their wells whenever the Okanogan...

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