Pacific Land Partners, LLC v. Dept. of Ecology

208 P.3d 586 (2009)

PACIFIC LAND PARTNERS, LLC, Appellant,

v.

STATE of Washington, DEPARTMENT OF ECOLOGY, Respondent.

No. 26033-0-III.

Court of Appeals of Washington, Division 3.

June 9, 2009.

Joel C. Merkel, Attorney at Law, Seattle, WA, Larry W. Larson, Larson Fowles, PLLC, Moses Lake, WA, for Appellant.

Bruce L. Turcott, Stephen H. North, Office of the Atty. General, Olympia, WA, for Respondent.

BROWN, J.

¶ 1 Paul S. Bernsen, sole owner of Pacific Land Partners, LLC, appeals an order forfeiting his right to divert surface water from the Walla Walla River. In 1995, Mr. Bernsen bought land from the…