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MUCKLESHOOT INDIAN TRIBE v. DEPT. OF ECOLOGY

No. 49650-6-I.

50 P.3d 668 (2002)

The MUCKLESHOOT INDIAN TRIBE, Appellant, v. The WASHINGTON DEPARTMENT OF ECOLOGY, Thomas Fitzsimmons; in his official capacity as Director of the Washington Department of Ecology; The State of Washington; and the City of Seattle, Respondents.

Court of Appeals of Washington, Division 1.

July 29, 2002.

Attorney(s) appearing for the Case

Gregory M. O'Leary, Robert Leighton Otsea, Seattle, WA, for Appellant.

Quentin R. Yerxa, Seattle, WA, Barbara A. Markham, Jay Douglas Geck, Assistant Attorney General, Olympia, WA, for Respondents.

BAKER, J.

In a petition for review under the Washington Administrative Procedure Act1 (WAPA), the Muckleshoot Indian Tribe challenged the Department of Ecology's authority to make certain concessions in a multi-agency agreement governing the City of Seattle's diversion of water from the Cedar River. The agreement was the result of a six year negotiation among the City, several state and federal...

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