In re Washington Public Power Supply System

(dissenting)—I dissent from that portion of the majority opinion which states:

“Whether it [WPPSS] has, as a municipal corporation of the state of Washington, the power and authority to construct and operate such a project [Nez Perce or High Mountain Sheep dams between Oregon and Idaho] is not before the court and is not here passed upon.” (Italics mine.)

I believe the question is before this court. If we do not recognize and pass upon it, we will, in the almost predictable future, be confronted with the argument that the question is res judicata.

The fourth unnumbered paragraph of ROW 43.52.360…