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BURBANK IRR. v. WASH. DEP'T OF ECOLOGY

No. 38897-2-III.

534 P.3d 833 (2023)

BURBANK IRRIGATION DISTRICT #4; City of Pasco; Franklin County Water Conservancy Board; and Columbia-Snake River Irrigators Association, Respondent, v. WASHINGTON DEPARTMENT OF ECOLOGY, Washington Pollution Control Hearings Board, Appellant.

Court of Appeals of Washington, Division 3.

Filed August 17, 2023.

Attorney(s) appearing for the Case

Alan Myles Reichman , Office of the Attorney General of Washington, P.O. Box 40117, Olympia, WA, 98504-0117, Joshua Osborne-Klein , Office of the Attorney General of Washington, P.O. Box 40117, Olympia, WA, 98504-0001, for Appellant.

James Laurence Buchal , Murphy & Buchal LLP, P.O. Box 86620, Portland, OR, 97286-0620, Lisa M. Petersen , Office of the Attorney General of Washington, 800 5th Ave., Ste. 2000, Seattle, WA, 98104-3188, for Respondent.

Adam Waldon Gravley , Jenna Rose Mandell-Rice , Rachael Lipinski , Van Ness Feldman LLP, 1191 2nd Ave., Ste. 1800, Seattle, WA, 98101-2996, for Amicus Curiae on behalf of Washington Water Utilities Counsel.

Margaret Vail Franquemont , Attorney at Law, 506 Wells Ave., S., Renton, WA, 98057-2702, for Amicus Curiae on behalf of Center for Environmental Law & Policy (CELP).

PUBLISHED OPINION

¶1 Burbank Irrigation District #4 applied to the Franklin County Water Conservancy Board (Conservancy Board) to amend one of its water rights certificates. Burbank sought the amendment to facilitate the sale of some of its water rights to the city of Pasco. The Conservancy Board granted the application...

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