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R.D. MERRILL CO. v. POLLUTION CONTROL BD.

No. 64607-4.

969 P.2d 458 (1999)

137 Wash.2d 118

R.D. MERRILL COMPANY, Defendant, v. STATE of Washington, POLLUTION CONTROL HEARINGS BOARD, Respondent. Okanogan Wilderness League ("OWL") and Aaron Burkhart, Appellants, v. State of Washington, Pollution Control Hearings Board, et al., Respondents.

Supreme Court of Washington, En Banc.

Decided January 7, 1999.

Attorney(s) appearing for the Case

Sierra Club Legal Defense, Todd True, Yukishisa Ishizuka, John B. Arum, Cutler & Nylander, Ps, Robert G. Nylander, Hillis, Clark, Martin & Peterson, Lynne M. Cohee, Stoel, Rives, Sarah Mack, Seattle, Law Offices of Charles Kimbrough, Charles A. Kimbrough, Bellevue, Foreman & Arch, Michael A. Arch, Wenatchee, for Appellants.

Christine Gregoire, Attorney General, Jean M. Wilkinson, Deborah L. Mull, Asst. Atty Gen., Olympia, for Respondents.

MADSEN, J.

This case presents several issues arising out of R.D. Merrill's applications for changes in water rights as part of R.D. Merrill's efforts to provide water for the Wilson Ranch, a cross-country ski resort. R.D. Merrill sought changes in points of diversion, place of use, and purpose of use. Of the five applications now at issue, we affirm the Pollution Control Board's decision upholding the Department of Ecology...

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