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PACIFIC LAND PARTNERS, LLC v. DEPT. OF ECOLOGY

No. 26033-0-III.

208 P.3d 586 (2009)

PACIFIC LAND PARTNERS, LLC, Appellant, v. STATE of Washington, DEPARTMENT OF ECOLOGY, Respondent.

Court of Appeals of Washington, Division 3.

June 9, 2009.

Attorney(s) appearing for the Case

Joel C. Merkel, Attorney at Law, Seattle, WA, Larry W. Larson, Larson Fowles, PLLC, Moses Lake, WA, for Appellant.

Bruce L. Turcott, Stephen H. North, Office of the Atty. General, Olympia, WA, for Respondent.

BROWN, J.

¶ 1 Paul S. Bernsen, sole owner of Pacific Land Partners, LLC, appeals an order forfeiting his right to divert surface water from the Walla Walla River. In 1995, Mr. Bernsen bought land from the federal government in Walla Walla County at a public auction. Over six years later, the Department of Ecology (Ecology) issued an order relinquishing the water right on Mr. Bernsen's property for failure to beneficially use the right for five successive years...

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