Municipal Water Law Upheld by Washington Supreme Court

Published Dec 01, 2010

Tupper Mack Wells attorney Sarah Mack published a feature article in the December 2010 issue of Western Water Law & Policy Reporter on the Washington Supreme Court decision in Lummi Indian Nation v. State, 170 Wn.2d 247, 241 P.3d 1220 (2010).  The Court unanimously affirmed the State of Washington’s 2003 municipal water law, which had been challenged by environmental organizations, individuals, and Indian tribes.

In a significant victory for municipal water utilities in Washington, the Supreme Court reversed the decision by King County Superior Court Judge Jim Rogers, which had ruled unconstitutional the Legislature’s definitions of “municipal water supplier” and “municipal water supply purposes” as well as the statute that validated existing “pumps and pipes” certificates for municipal water supply.  The Supreme Court also rejected facial constitutional challenges to the legislation based on substantive and procedural due process.  For more information, contact Sarah Mack at

  • To view the complete article click here.
  • To view the Supreme Court opinion, click here.