Washington Pollution Control Hearings Board Affirms Department of Ecology's Authority to Issue New Groundwater Rights with Mitigation

Published Apr 02, 2007

The Washington Pollution Control Hearings Board has upheld the Department of Ecology’s authority to issue water rights relying upon mitigation through streamflow augmentation. Tupper Mack Wells attorney Sarah Mack describes this case in an article in the April issue of the Western Water Law & Policy Reporter. Although the PCHB reversed two groundwater permits because it found that Ecology had erred in predicting surface water impacts, the Board entered key legal rulings that will likely encourage the use of streamflow augmentation as mitigation for new groundwater rights. For more information, contact Sarah Mack at mack@tmw-law.com.

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