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STATE, DEPT. OF ECOLOGY v. ACQUAVELLA

No. 20022-1-III.

51 P.3d 800 (2002)

112 Wash.App. 729

In the Matter of the Determination of the Rights to the Use of the Surface Waters of the Yakima River Drainage Basin, in Accordance with the Provisions of Chapter 90.03 Revised Code of Washington. The STATE of Washington, DEPARTMENT OF ECOLOGY, Respondent, v. James J. ACQUAVELLA, et al., Defendants, U.S. Timberlands Yakima, L.L.C., Appellant, Confederated Tribes and Bands of the Yakama Nation, Respondent.

Court of Appeals of Washington, Division 3, Panel Eight.

August 1, 2002.

Attorney(s) appearing for the Case

Charles B. Roe, Jr., Philip T. McDonald, Perkins, Coie, Olympia, WA, James R. Johnston, Perkins, Coie, Seattle, WA, for Appellant.

Alan M. Reichman, Assistant Attorney General, Olympia, WA, Jeffrey S. Schuster, Seattle, WA, for Respondent.

SWEENEY, J.

This is a water rights case. But the resolution turns on the application of the doctrine of res judicata. In the water rights adjudication here, the trial court confirmed the denial of water rights claims based on the failure of the claimant's predecessor to assert the water rights in a 1921 water adjudication. We agree with the referee and the trial judge that the water rights claimed here appear no where in the...

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