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CITY OF WEST RICHLAND v. DOE

No. 22648-4-III.

103 P.3d 818 (2004)

124 Wash.App. 683

CITY OF WEST RICHLAND, a Washington municipal corporation, and Benton County Water Conservancy Board, a public body, Respondents, v. DEPARTMENT OF ECOLOGY, a department of the State of Washington, and Pollution Control Hearings Board, a statutory entity of the State of Washington, Appellants.

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

December 16, 2004.

Attorney(s) appearing for the Case

Maia D. Bellon, Attorney General's Office/Ecology Division, Olympia, WA, for Appellants.

James L. Buchal, Attorney at Law, Portland, OR, Terry M. Tanner, Attorney at Law, Richland, WA, Brian J. Iller, Attorney at Law, Kennewick, WA, for Respondents.

BROWN, J.

As did the Benton County Superior Court, we now review a summary judgment of the Pollution Control Hearings Board (PCHB) granted in favor of the Department of Ecology (DOE) against the City of West Richland (City) and the Benton County Water Conservancy Board (BCWCB). The PCHB summarily rejected the City's proposed transfer of John Michel's unperfected water rights he acquired under the Family Farm Water Act, chapter 90.66 RCW (FFWA). PCHB reasoned the attempted...

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