Washington Court of Appeals Affirms Water Right Relinquishment, Rejects Exemptions for City of Union Gap

Published Dec 01, 2008

On November 13, 2008, the Washington Court of Appeals dealt a blow to the City of Union Gap in its efforts to convert an unused industrial water right to municipal supply purposes. In an article published in the Western Water Law & Policy Reporter, Tupper Mack Wells attorney Sarah Mack examines the court’s decision to affirm a summary judgment ruling by the Washington Pollution Control Hearings Board (PCHB) that an intended transfer of an industrial water right to the City of Union Gap did not occur soon enough to avoid relinquishment, rejecting the City’s efforts to rely upon relinquishment exemptions for municipal water supply and a “determined future development.” For more information, contact Sarah Mack at tmw-law.com.

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