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Columbia-Snake River Irrigators Association
MEDIA RELEASE
August 6 , 2018 Further Information : 509-783-1623
Loyal Pig Defeats Water Right Relinquishment
The Benton / Franklin County Superior Court ( WA ) has reversed a decision by the Washington State Dept . of Ecology ( Water Resources Program ) to deny a water right transfer proposed by Loyal Pig , LLC . The Court ’ s reversal order not only reinstates the water right transfer previously approved by the Franklin County Water Conservancy Board , but in doing so prevents Ecology from usurping water law provisions protecting the water right from relinquishment .
Joining Loyal Pig in defending the water right , the Columbia-Snake River Irrigators Association ( CSRIA ) stressed that perhaps the most important piece of the state water code , the five-year period for relinquishment protection , was being corrupted by Ecology . CSRIA argued that water rights subjected to either a judicial adjudication or administrative determination receive a five-year “ period of grace ” for nonuse . During this period , the full consumptive amount of the right is available for transfer . Ecology attempted to stop the water right transfer and invoke relinquishment , but the Superior Court ordered otherwise .
CSRIA Board Representative Darryll Olsen called Ecology ’ s actions “ a profound display of poor judgement , at all technical , legal , and managerial levels . This legal fight should never have happened , and Ecology spurned attempts by CSRIA to engage in reasoned discussion with the Water Resources Program leadership .” Olsen further conveyed “ that the Water Resources Program should never be attempting to use the water right change / transfer statutes as a vehicle to relinquish ( take away ) water rights . It totally defeats the purpose of water right transfers , water conservation actions , and water marketing .” CSRIA views the Water Resources Program ’ s “ defensive posture ” toward the County Water Conservancy Boards ( RCW 90.80 ) as a growing problem , coupled with internal managerial / supervision issues affecting the Program .
The CSRIA is pressing forward with a second phase of the Loyal Pig litigation that would block any further attempts by Ecology to pursue relinquishment actions under similar types of water right transfers — effectively invoking “ illegal administrative rule making .” Loyal Pig rides on . 1
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Loyal Pig , LLC , is part of a water right change / transfer affecting high-value irrigated wine grape production along the Columbia River , Horse Heaven Hills area .
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