STATE, DEPT. OF ECOLOGY v. THEODORATUS

No. 64527-2.

957 P.2d 1241 (1998)

135 Wash.2d 582

STATE of Washington, DEPARTMENT OF ECOLOGY, Respondent, v. George THEODORATUS, Appellant.

Supreme Court of Washington, En Banc.

Decided July 2, 1998.


Attorney(s) appearing for the Case

Thomas D. Mortimer, Seattle, Amicus Curiae on behalf of Washington Water Utilities Council.

John Woodring, Olympia, Amicus Curiae on behalf of Washington Association of Realtors and Building Industry Association of Washington.

Rachael Paschal, Seattle, Amicus Curiae on behalf of Center for Environmental Law & Policy and Washington Environmental Council.

Charles Lean, Olympia, for Appellant.

Christine Gregoire, Attorney General, Philip Thomas McDonald, Assistant Attorney General, Deborah Lenora Mull, Assistant Attorney General, Olympia, for Respondent.


MADSEN, Justice.

The primary issue in this case is whether a final certificate of water right, i.e., a vested water right, may be issued based upon the capacity of a developer's water delivery system, or whether a vested water right may be obtained only in the amount of water actually put to beneficial use. Here, the Pollution Control Hearings Board concluded that under the circumstances in this case system capacity, or...

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