Rettkowski v. Department of Ecology

122 Wash. 2d 219, 858 P.2d 232 (1993)

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Rettkowski v. Department of Ecology

Washington Supreme Court
122 Wash. 2d 219, 858 P.2d 232 (1993)

Facts

For many decades, a group of ranchers (the ranchers) used Sinking Creek in Washington to water their cattle. Over time, groundwater pumping to support irrigation operations by nearby farmers, including Craig Rettkowski (the farmers) (plaintiffs), reduced the flow in Sinking Creek, interfering with the ranchers’ use of the creek. The ranchers complained to the Department of Ecology (the department) (defendant). The department determined that the ranchers’ water rights were superior to the farmers’ water rights and issued a cease-and-desist order precluding the farmers from further groundwater pumping. The farmers appealed the decision to the superior court, which held that the department had exceeded its authority in issuing the cease-and-desist order. The department and the ranchers appealed to the Washington Supreme Court, which focused on the issues of whether the department had the authority to determine water rights and issue cease-and-desist orders based on that determination.

Rule of Law

Issue

Holding and Reasoning (Durham, J.)

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