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FLOATING HOMES ASS'N v. WDFW

No. 27350-1-II.

64 P.3d 29 (2003)

115 Wash.App. 780

FLOATING HOMES ASSOCIATION, Appellant, v. WA DEP'T OF FISH & WILDLIFE, et al, Respondents.

Court of Appeals of Washington, Division 2.

Publication Ordered February 25, 2003.

Attorney(s) appearing for the Case

Peter J. Eglick and Jane Shipman Kiker, Seattle, WA, for Appellants.

Sonia Alice Wolfman, Olympia, WA, Jeffrey Murdock Eustis, Seattle, WA, for Respondents.

MORGAN, J.

The Floating Homes Association (FHA) appeals the Washington Department of Fish and Wildlife's (WDFW's) issuance of a Hydraulic Project Approval (HPA) to Rome Ventura. We affirm.

RCW 77.55.100 governs the issuance of an HPA. It provides in part:

(1) In the event that any person ... desires to construct any form of hydraulic project or perform other work that will use ... the natural flow or bed of any of the salt or fresh waters of the state...

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