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STATE, DEPT. OF ECOLOGY v. CAMPBELL & GWINN

No. 70279-9.

43 P.3d 4 (2002)

146 Wash.2d 1

STATE of Washington, DEPARTMENT OF ECOLOGY, Appellant, v. CAMPBELL & GWINN, L.L.C., a Washington Limited Liability Company; and E.A. White and Beverly White, husband and wife, Respondents.

Supreme Court of Washington, En Banc.

Decided March 28, 2002.

Attorney(s) appearing for the Case

Christine Gregoire, Attorney General, Brian Faller, Asst., Olympia, for Appellant.

Flower & Andreotti, Patrick Michael Andreotti, Charles Camillus Flower, Yakima; Bullivant, Houser & Bailey, Jerret E. Sale, Deborah Lynn Carstens, Seattle, for Respondent.

Christine Gregoire, Attorney General, Jay J. Manning, Asst., Jennifer Tanya Barnett, Asst., Mary E. McCrea, Asst., Olympia, Amicus Curiae on Behalf of Center for Environmental Law.

Don Le Roy Anderson, Okanogan, Amicus Curiae on Behalf of Okanogan County.

Frederick Alan Johnson, Wahkiakum County Prosecutor, Cathlamet, Amicus Curiae on Behalf of Wahkiakum County.

Kristopher Ian Tefft, Olympia, Amicus Curiae on Behalf of Building Industry Asso. of WA.

Larry Dean Stout, Olympia, Amicus Curiae on Behalf of Washington Association of Realtors.

Greg Overstreet, Olympia, Amicus Curiae on Behalf of Washington Ground Water Assoc.

MADSEN, J.

RCW 90.44.050 provides an exemption from groundwater permit requirements for withdrawal of groundwater for domestic uses of 5,000 gallons or less per day. The Department of Ecology challenges the trial court's determination that the exemption applies where a developer of a residential subdivision proposes multiple wells that will individually serve each lot in the development. Each well is proposed to withdraw less...

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