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POSTEMA v. POLLUTION CONTROL HEARINGS BD.

No. 67549-0.

11 P.3d 726 (2000)

142 Wash.2d 68

John POSTEMA, and Wallace L. Jorgensen, Appellants, v. POLLUTION CONTROL HEARINGS BOARD; James A. Tupper, Jr., Robert V. Jensen, and Richard C. Kelley, each in their official capacities as members of the Pollution Control Hearings Board; Department of Ecology; Tom Fitzsimmons, in his official Capacity as director of the Department of Ecology; and Tulalip Tribes of Washington, Respondents.

Supreme Court of Washington, En Banc.

Decided October 19, 2000.

Attorney(s) appearing for the Case

Jonson & Jonson, Richard Jonson, Seattle, Charles Lean, Olympia, Kameron Cayce, Renton, Richard Stephens, Charles Klinge, Bellevue, for Appellants.

Christine Gregoire, Atty. Gen., Jean Wilkinson, Deborah Mull, Asst. Atty. Gens., Olympia, John Arum, Mason Morisset, Robert Caldwell, Russell Busch, Gregory Hicks, Seattle, Karen Allston, Auburn, for Respondents.

MADSEN, J.

These two consolidated cases, one of which involves four consolidated cases, present numerous issues arising from the Department of Ecology's denial of applications for groundwater appropriation permits on the basis that the groundwater sources are in hydraulic continuity with surface water sources and further appropriations are foreclosed under the criteria of RCW 90.03.290. In the five individual cases before...

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