This past October, Mike Krautkramer posted about a State Supreme Court ruling impacting water rights in Washington State (State Supreme Court Rules on Skagit River Case). The case, Swinomish Indian Tribal Community v. Department of Ecology, challenged Ecology’s authority to use the “Overriding Consideration of the Public Interest” (OCPI) clause to set aside water for future allocation after an instream flow has been established, in this case for the Skagit River. Mike noted at the time that this decision would likely further complicate surface-water/groundwater management and the water rights process.
If you’ve been following this decision, you may be interested in a new article posted by noted Washington water rights attorney Tom Pors, entitled: How Messed Up is Washington’s Water Allocation System After Swinomish Indian Tribal Community v. Ecology? How False Assumptions and Failure to Balance Water Priorities Led to a Surprise Closure of the State’s Groundwater, Over-reliance on OCPI and the Need for Legislative Reform.