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SPOKANE COUNTY v. DEPT. OF FISH & WILDLIFE

No. 95029-6.

430 P.3d 655 (2018)

SPOKANE COUNTY, a Political Subdivision of the State of Washington; Pierce County, a Political Subdivision of the State of Washington; Douglas County, a Political Subdivision of the State of Washington; Lewis County, a Political Subdivision of the State of Washington; and Kitsap County, a Political Subdivision of the State of Washington, Appellants, Mason County, a Political Subdivision of the State of Washington; Chelan County, a Political Subdivision of the State of Washington; and City of Spokane, a Political Subdivision of the State of Washington Plaintiffs, v. State of Washington DEPARTMENT OF FISH AND WILDLIFE, Respondent.

Supreme Court of Washington.

Filed December 6, 2018.

Attorney(s) appearing for the Case

John Craig Bjorkman , James M. Lynch , Gabrielle Elizabeth Thompson , K & L Gates LLP, 925 4th Avenue, Suite 2900, Seattle, WA 98104-1158, for Appellants.

Martha Ffrost Wehling , Joseph Vincent Panesko , Attorney General's Office, 1125 Washington Street SE, P.O. Box 40100, Olympia, WA 98504-0100, for Respondents.

Ethan Jones , Marcus Mustafa Shirzad , Shona Marie Voelckers , Yakama Nation Office of Legal Counsel, P.O. Box 150, 401 Fort Road, Toppenish, WA 98948-0150, for Amicus Curiae Confederated Tribes and Bands of the Yakama Nation.

Emily Rae Hutchinson Haley , Weston Lemay , Attorney at Law, Swinomish Indian Tribal Community, 11404 Moorage Way, LA Conner, WA 98257-9450, for Amici Curiae Nisqually Indian Tribe, Sauk-Suittle Indian Tribe, Skokomish Indian Tribe, Stillaguamish Tribe of Indians, and Swinomish Indian Tribal Community.

Sharon Ilene Haensly , Kevin R. Lyon , Squaxin Island Legal Department, 3711 SE Old Olympic Hwy., Shelton, WA 98584-7734, for Amicus Curiae Squaxin Island Tribe.

¶ 1 This case asks us to determine the geographic scope of permitting authority delegated to the State of Washington Department of Fish and Wildlife (Department) over hydraulic projects. A "hydraulic project" is defined as "the construction or performance of work that will use, divert, obstruct...

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