Marincovich v. Tarabochia

The Altoona Snag Union (union) (plaintiff) sued Joseph Tarabochia and other individuals (Tarabochia) (defendants) for engaging in commercial gillnet fishing in locations where the union claimed its members owned exclusive drift rights. The union argued that each of the members had purchased or inherited an existing drift right, which according to long-standing custom was the exclusive right to engage in gillnet fishing at a particular location along the lower Columbia River. The union obtained “snag permits” from the State of Washington and, using its members’ money, coordinated the removal of debris or “snag” from locations where its members possessed drift rights. Without its actions in removing the snag, gillnet fishing along the lower Columbia River would be impossible. Washington law permitted the use of custom to create water rights in other contexts, and the union argued that long-standing custom supported the recognition of its members drift rights as well. Tarabochia fished at locations without first obtaining drift rights or snag permits. The union sought an injunction to stop what it believed was illegal fishing, but the district court held that the union and its members did not hold any legally enforceable rights to exclusive fishing locations. The court of appeals affirmed, and the union appealed to the Washington Supreme Court.