State Department Of Ecology v. Grime

852 P. 2d 1044 (Wash. 1993)

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Nature of the Case

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Facts

Department of Ecology (P) filed a petition for clarification of existing rights to divert, withdraw, or otherwise make beneficial use of the surface and ground waters of the Marshall Lake drainage basin. Smith was appointed as a referee to take testimony and report his recommendations to the Superior Court. The referee directed P to evaluate and report on all claims filed in connection with the general adjudication. Once all the reports were submitted the referee held a hearing to take testimony from each claimant. Grimes (Ds) appeared and provided testimony on all the claims. D submitted a claim for the use of waters for domestic supply, irrigation, and recreational purposes at a flow rate of 3 cubic feet per second (c.f.s.) for irrigation purposes, and a storage right of 1,520 acre-feet of water in the Marshall Lake reservoir. The referee recommended that this claim be confirmed, but limited it to an instantaneous flow of 1.5 c.f.s. during irrigation season, and a storage right of 183 acre-feet plus 737 acre-feet for evaporative loss, for a total storage right of 920 acre-feet. D filed exceptions to the report of the referee in the superior court. The Superior Court entered an order which denied D's exceptions in part and remanded the matter to the referee to take further evidence on the exceptions. The referee issued a report and D gain filed exceptions, objecting to the referee's determination that, in measuring their storage right, the minimum or natural level of Marshall Lake is 2,720 feet above sea level. The court approved the 'Report of Referee.' D appealed. The Court of Appeals issued an order of certification.