On July 29, 2016, Tom filed the Plaintiffs’ Opening Brief in the first judicial appeal under the Administrative Procedure Act (APA) of a Department of Ecology instream flow rule. The case, Magdalena Bassett, et. al, v. Department of Ecology, alleges that Ecology’s Dungeness River instream flow rule (Chapter 173-518 WAC) violates the APA and exceeds Ecology’s statutory authority on numerous…
Tag: Ecology
Potential Solutions to Washington State’s Post-Swinomish Instream Flow/Rural Water Supply Dilemma
Introduction Department of Ecology officials and stakeholders have been meeting publicly for the last year to discuss post-Swinomish water allocation solutions for rural areas, but their efforts have been stymied by the lack of consensus on legislative or other solutions.[2] New ideas need to be explored and vetted to move beyond common misconceptions and a dysfunctional status quo. The state’s…
Appeals Court Reverses GMHB Ruling re Whatcom County in Hirst Case: Permit-Exempt Wells Not Governed by Nooksack Instream Flow Rule
Whatcom County has won its appeal in a closely watched case at the intersection of water rights and land use law. Division One of the Washington Court of Appeals held that the Western Washington Growth Management Hearings Board erroneously interpreted the Nooksack Basin Instream Flow Rule, Chapter 173-501 WAC, and reversed the Board’s rulings that Whatcom County was out of…