1. Home
  2. Browse Decisions
  3. P.3d
  4. 51 P.3d
  5. 51 P.3d 744 (2002)
 

PUBLIC UTILITY DIST. v. STATE, DEPT. OF ECOLOGY

No. 70372-8.

51 P.3d 744 (2002)

146 Wash.2d 778

PUBLIC UTILITY DISTRICT NO. 1, OF PEND OREILLE COUNTY, Respondent, v. STATE of Washington, DEPARTMENT OF ECOLOGY, Petitioner, and Center for Environmental Law and Policy, Intervenor/Respondent.

Supreme Court of Washington, En Banc.

Decided July 18, 2002.

Attorney(s) appearing for the Case

Christine Gregoire, Attorney General, Alan Reichman, Asst., Olympia, Deborah Mull, Asst., Lacey, John Arum, Seattle, for Petitioner.

Jerry Boyd, Spokane, for Respondent.

Sarah Mack, Seattle, Amicus Curiae on Behalf of Washington Public Utility Districts.

Adam Gravley, Catherine Drews, Seattle, Amicus Curiae on Behalf of Washington Water Utility Council.

Joseph Mentor, William Clarke, Seattle, Amicus Curiae on Behalf of Washington Association of Realtors, Washington Building Industry, and Washington State Hydropower Issue Group.

Rachael Paschal Osborn, Spokane, Amicus Curiae on Behalf of Lands Council, Pend Oreille Enviro. Team, River Defenders and Spokane Canoe & Kayak Club.

Bradford Axel, Katherine Ransel, Seattle, Donald Ayer, Robin Juni, Matthew Duchesne, Washington DC, Amicus Curiae on Behalf of American Rivers.

MADSEN, J.

This case raises the question whether the Department of Ecology has authority to condition a water quality certification under the Clean Water Act (33 U.S.C. §§ 1251-1387) on maintenance of minimum instream flows, where such conditions affect existing water rights. The case also involves issues concerning RCW 90.03.380, the surface water statute governing changes in and transfers of water rights, and issues...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases