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MOTLEY-MOTLEY, INC. v. STATE

No. 22580-1-III.

110 P.3d 812 (2005)

MOTLEY-MOTLEY, INC., Respondent, v. STATE of Washington, Pollution Control Hearings Board; State of Washington, Department of Ecology, Appellants.

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

April 19, 2005.

Attorney(s) appearing for the Case

Alan M. Reichman, Office of Atty. General/Ecology Division, Martha P. Lantz, Office of Atty. General/License & Admin. Law Div., Olympia, WA, for Appellants.

Charles A. Kimbrough, Bellevue, WA, Philip A. Talmadge, Talmadge Law Group PLLC, Tukwila, WA, for Respondent.

Kristopher I. Tefft, Association of Washington Business, Olympia, WA, for Amicus Curiae.

KURTZ, J.

¶ 1 This case concerns relinquishment of a right to divert surface water from the Palouse River. In 1996, after receiving information that the water right had not been used since the early 1970s, the Department of Ecology (DOE) issued an order initiating proceedings to relinquish the water right. The Pollution Control Hearings Board (PCHB) issued a final order affirming DOE's tentative order that the water right to the property had been relinquished...

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