Washington Supreme Court takes on Water Rights Case

The Public News Service ran a story earlier this week about a legal battle in Washington state that is pitting “conservation, fishing and tribal groups against real estate developers [.]” The argument is over a seven-year-old water law passed by the state legislature that some environmental groups claim is unconstitutional, “giving some cities and developers access to more water than they need or use.”

Janette Brimmer with Earthjustice is representing the group and says that the current law is contrary to Washington state law which says water right must be put ‘“to beneficial use . . .You can’t just sit on water rights and save them for your own benefit, and maybe try to sell them at a higher price later,”’ states Brimmer in the Public News Service story. Brimmer argues that the legislature has interfered with existing water rights by passing the law, and the law has “affected streamflow, endangered salmon and other water users.”

On the other side of the issue are developers and the State Department of Ecology, which argues that “cities and builders have the right to plan for excess capacity and growth.”

One thing the parties do agree on is that this case will have a substantial impact on the future of water rights in Washington, and they agree the Supreme Court is the appropriate place for a final verdict in the dispute.

To read the Public News Service story on the case click here.

Posted: 01/14/10