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Sara Foster appeal’s DOE water rights granted to Yelm

“Foster Appeals Yelm Water Right Ruling”
“Southwest Yelm Well: Citizen Seeks Direct Review by State Supreme Court”

Steven Wyble wrote this in the Nisqually Valley News:
“Yelm resident Sara Foster has appealed a recent court ruling affirming the city of Yelms water rights.

Foster is seeking direct review to the state Supreme Court. If the Supreme Court decides not to take the case, it will go to the Court of Appeals.”

“Williams emphasized his clients problem isnt with the city of Yelm as much as with the Department of Ecology for granting the water right. The department used an exemption in the existing code, which the Supreme Court said doesnt really exist in the way Ecology was trying to use it, he said.

Williams said a case the Supreme Court decided last October, Swinomish Indian Tribal Community v. Department of Ecology, has a direct bearing on his clients case.

In the Swinomish ruling, the state Supreme Court ruled that DOE didnt have the authority to reallocate water needed to maintain instream flows.”
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Editor’s Note:
As I wrote in my Letter to the Editor published June 13, 2014:
“In Fosters case, an Amicus Brief (friend of the court) was also filed on behalf of the Carnegie Group and CELP (Center for Environmental Law & Policy), Washingtons water watchdog, protecting streams, rivers and aquifers. These groups found that Fosters lawsuit was not frivolous and had merit.”

Posted by Steve on June 23, 2014 at 6:19 am | Permalink

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