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FORT v. STATE, DEPT. OF ECOLOGY

No. 24039-8-III.

135 P.3d 515 (2006)

133 Wash.App. 90

Michael FORT, Appellant, v. STATE of Washington DEPARTMENT OF ECOLOGY, Respondent.

Court of Appeals of Washington, Division 3.

May 23, 2006.

Attorney(s) appearing for the Case

Darren T. Burchill, Donald L. Dimmitt, Jeffers, Danielson, Sonn & Aylward, PS, Wenatchee, WA, for Appellant.

Maia D. Bellon, Atty Generals Ofc/Ecology Div., Olympia, WA, for Respondent.

SCHULTHEIS, A.C.J.

¶ 1 Michael D. Fort received a notice of regulation from the Department of Ecology (Ecology) for exceeding the amount of water allotted to him under a 1921 water rights adjudication decree. He appealed to the Pollution Control Hearings Board (the Board), seeking a favorable interpretation of the decree or application of the common law futile call doctrine. The Board granted summary judgment in favor of Ecology. The superior court denied his...

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