Pollution Control Hearings Board Approves Water Right Change in Painted Summer Hills Case

Published Nov 16, 2011

November 16, 2011

In a closely-watched case involving a groundwater permit for community domestic supply, the PCHB affirmed an increase in the number of connections from 12 to 19 homes to enable development of a clustered rural subdivision.

In a split decision, the PCHB ruled that the Douglas County Water Conservancy Board properly allowed a change in the “manner of use” of the water right permit, reversing the Department of Ecology’s denial of the change.  A motion for reconsideration by Ecology was denied on November 16, 2011.  Tupper Mack Wells PLLC represents the water right holder, Painted Summer Hills, LLC.  For more information, contact Sarah Mack at mack@tmw-law.com.

  • To view the PCHB summary judgment decision, click here.
  • To view the PCHB decision on reconsideration, click here.
  • To view Board Member Lynch’s opinion on reconsideration, click here.
  • To view Board Member Mix’s opinion on reconsideration, click here.