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RESER v. POLLUTION CONTROL HEARINGS BD.

No. 39115-9-III.

541 P.3d 992 (2023)

Raymond RESER, Appellant, v. POLLUTION CONTROL HEARINGS BOARD, and State of Washington, Department of Ecology, Respondents.

Court of Appeals of Washington, Division 3.

Ordered Published Date January 16, 2024.

Attorney(s) appearing for the Case

Wyatt E. Rolfe , Rolfe Law Office, PLLC, 129 W Main St., Walla Walla, WA, 99362-2817, for Appellant.

Lisa M. Petersen , Office of the Attorney General of Washington, 800 5th Ave. Ste. 2000, Seattle, WA, 98104-3188, Matthew Janz , Office of the Attorney General of Washington, P.O. Box 40117, Olympia, WA, 98504-0117, for Respondents.

¶1 We must decide whether the nonuse of water for fifteen years resulting from a tenant gaining possession of a farm and changing the crop grown on the land from irrigated asparagus to dryland wheat constitutes a "crop rotation," within the meaning of RCW 90.14.140(1)(k), so as to avert relinquishment of water rights. We conclude...

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