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Supreme Court Grants Petition for Review in Long-Running Water Rights Enforcement Dispute
The Washington Supreme Court recently granted the Petition for Review I drafted for Moses Lake farmer Ron Fode after Division 3 of the Court of Appeals upheld a PCHB decision that reduced but did not eliminate penalties for alleged violations of the Water Code. Oral argument is scheduled for October 1, 2026. The key issues involve the interpretation of Ecology’s technical assistance obligations under RCW 90.03.605(1) before it can issue civil penalties, and whether Ecology’s office deadline for seasonal transfers was an illegal rule under the Administrative Procedure Act. Click here to read a copy of the successful Petition for Review, including the factual background in the case.