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CITY OF UNION GAP v. STATE DEPT. OF ECOLOGY

No. 26555-2-III.

195 P.3d 580 (2008)

CITY OF UNION GAP and Ahtanum Ridge Business Park, L.L.C., Appellants, v. WASHINGTON STATE DEPARTMENT OF ECOLOGY, Respondent.

Court of Appeals of Washington, Division 3.

November 13, 2008.

Attorney(s) appearing for the Case

Robert Franklin Noe, Robert F. Noe PLLC, Yakima, WA, Jeffrey David Slothower, Attorney at Law, Ellensburg, WA, for Appellants.

Bruce L. Turcott, Office of the Atty. General, Stephen H. North, Alan Myles Reichman, Attorney General of Washington, Olympia, WA, for Respondent.

SWEENEY, J.

¶ 1 The owner of a water right relinquishes that right to the state if the water right is not used beneficially for five years. But the owner does not relinquish that right, despite nonuse, if it is claimed for some "determined future development" or for "municipal water supply purposes." Here, a developer bought water rights intending to sell them to a city. We conclude that the sale did not take place within the required five-year period before...

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