In a recent decision with major implications, the Washington State Supreme Court upheld the power of state agencies to protect the quality of public waterways, fish and wildlife resources by requiring minimum instream water flows, even when those requirements cut into existing water rights. The decision upheld state authority to require a dam operator to leave enough water in the river to protect fish, even though this permit condition cut into the use of the dam owner's water rights. The decision validated the power of Washington State agencies to do all that is necessary to regulate against "pollution" and defined pollution broadly enough to include water diversions that seriously impact fish, wildlife and recreational values held in trust for the public. The decision, Public Utility District No. 1 of Pend Oreille County v. Washington Department of Ecology (Docket No. 70372-8) was filed 18 July 2002 and litigated for the public interest by the Center for Environmental Law & Policy (CELP) as an intervenor. For more information and a copy of the ruling see: www.celp.org/html/sullivancreek.html.
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