STATE DEPARTMENT OF ECOLOGY V. GRIMES
852 P. 2d 1044 (Wash. 1993)
NATURE OF THE CASE: This matter is before the court upon direct review after
certification from the Court of Appeals raising the question of the legal definition of
'reasonable use' of water as an element of 'beneficial use' under the Water Code of 1917.
FACTS: Department of Ecology (P) filed a petition for clarification of existing rights to
divert, withdraw, or otherwise make beneficial use of the surface and ground waters of the
Marshall Lake drainage basin. Smith was appointed as a referee to take testimony and report
his recommendations to the Superior Court. The referee directed P to evaluate and report on
all claims filed in connection with the general adjudication. Once all the reports were
submitted the referee held a hearing to take testimony from each claimant. Grimes (Ds)
appeared and provided testimony on all the claims. D submitted a claim for the use of waters
for domestic supply, irrigation and recreational purposes at a flow rate of 3 cubic feet per
second (c.f.s.) for irrigation purposes, and a storage right of 1,520 acre feet of water in
the Marshall Lake reservoir. The referee recommended that this claim be confirmed, but
limited it to an instantaneous flow of 1.5 c.f.s. during irrigation season, and a storage
right of 183 acre feet plus 737 acre feet for evaporative loss, for a total storage right of
920 acre feet. D filed exceptions to the report of the referee in the superior court. The
Superior Court, entered an order which denied D's exceptions in part, and remanded the
matter to the referee to take further evidence on the exceptions. The referee issued a
report and D gain filed exceptions, objecting to the referee's determination that, in
measuring their storage right, the minimum or natural level of Marshall Lake is 2,720 feet
above sea level. The court approved the 'Report of Referee.' D appealed. The Court of
Appeals issued an order of certification.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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