Legal Opinion

Pacific Land Partners, LLC v. Department of Ecology

Court of Appeals of Washington

Decided June 9, 2009No. 26033-0-IIIPublishedCited by 8 opinions

1Opinion of the CourtBrown, 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 federal government in Walla Walla County at a public auction. Over six years later, the Department of Ecology issued an order relinquishing the water right on Mr. Bernsen’s property for failure to beneficially use the right for five successive years. RCW 90.14.180. Ultimately the Pollution Control Hearings Board (Board) affirmed, as did the Walla Walla County Superior Court.

¶2 Mr. Bernsen contends his…

2Cases cited25 opinions

  1. Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
  2. State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
  3. King County v. Central Puget SoundWashington Supreme Court · 2000
  4. King County v. Central Puget Sound Growth Management Hearings BoardWashington Supreme Court · 2000
  5. Cappaert v. United StatesSupreme Court of the United States · 1976

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3Cited by8 opinions

  1. ABC Holdings, Inc. v. Kittitas CountyCourt of Appeals of Washington · 2015
  2. Williams Place, LLC v. State ex rel. Department of TransportationCourt of Appeals of Washington · 2015
  3. ABC Holdings Inc. v. Kittitas CountyCourt of Appeals of Washington · 2015
  4. Cornelius v. Dep't of EcologyWashington Supreme Court · 2015
  5. Cornelius v. Dep't of EcologyWashington Supreme Court · 2015

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