State Pollution Control Hearing Board Limits 'Anti-Enlargement' Rule for Water Right Changes

Published Mar 01, 2008

The March issue of Western Water Law & Policy Reporter contains an article by Tupper Mack Wells attorney Sarah Mack regarding the Washington Pollution Control Hearings Board (PCHB) decision to cut the so‐called “anti-enlargement principle” down to size. In an appeal of changes to several groundwater rights held by Washington State University, the PCHB ruled that the prohibition against “enlargement” of a water right applies only to the combined total quantity of water withdrawn from an additional well and an original well authorized under a water right. The PCHB specifically overruled a 1989 decision that had suggested a much broader scope for an “anti-enlargement” rule. For more information, contact Sarah Mack at

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