On January 8, 2016, the Plaintiffs’ summary judgment motion in the matter of Magdalena Bassett, et al., vs. Dep’t of Ecology was argued before Judge Gary Tabor of the Thurston County Superior Court. Bassett is a declaratory judgment action challenging the validity of the Dungeness River Basin instream flow protection rule. The complaint alleges that Ecology exceeded its statutory authority in several respects,…
Tag: water law
Potential Legislative and Regulatory Solutions to the Water Availability Train Wreck*
Preservation of the quality and quantity of water in natural rivers, streams and lakes is vital to the long-term health of our environment. The physical and legal availability of water is also essential to the economic health of our state and its diverse urban, suburban and rural communities. The lack of availability of water leads inevitably to building permit moratoriums,…
Supreme Court Bruises Department of Ecology in Foster Opinion
On October 8, 2015, the Washington Supreme Court reversed a water right permit issued by the Department of Ecology (Ecology) to the City of Yelm. Two months later, the consequences of this decision are still being sorted out by Ecology, the Attorney General’s Office, and stakeholders. In the meantime, the State’s water rights permitting program has gone off the rails…
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…
Potential Solutions to Washington State’s Post-Swinomish Instream Flow Regulation/Rural Water Supply Dilemma
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. New ideas need to be explored and vetted to move beyond common misconceptions and a dysfunctional status quo. The state’s minimum…
2015 Water Law Seminar Agenda is Set
I am very excited about co-hosting this year’s annual Water Law in Washington seminar by Law Seminars International. We have a stellar line up of professional speakers and will cover numerous current issues of interest to water law practitioners, water users and resource managers. Beginning with an optional “Water Law 101” presentation on the fundamentals of water law, the conference will have a special focus…
Tom will be co-chairing the Annual LSI Water Law Seminar on July 27 & 28 in Seattle
Tom has been a frequent speaker at Law Seminar International’s annual water law seminar, including 1996-98, 2008, 2011-12, and 2014. This year he will co-chair the seminar on July 27 & 28, which will feature panels on drought year water management, challenges to instream flow rules, rural water supply strategies, the intersection of water rights and land use, and science vs. the precautionary principle, in…