Department of Ecology v. Theodoratus

(dissenting) — The majority correctly frames the question as whether a final certificate of water right may be issued based upon the capacity of a public water system under the “pumps and pipes” approach, but incorrectly says “no” based upon its interpretation of RCW 90.03.290, a statute which provides: “When an application *601. . . has been filed ... it shall be [the Department of Ecology’s] duty to . . . determine to what beneficial use or uses it can be applied.” In so holding the majority confuses “beneficial use” with “actual use” and ignores other statutory provisions which are indicative…