Motley-Motley, Inc. v. Pollution Control Hearings Board

*67¶1 This case concerns relinquishment of a right to divert surface water from the Palouse River. In 1996, after receiving information that the water right had not been used since the early 1970s, the Department of Ecology (DOE) issued an order initiating proceedings to relinquish the water right. The Pollution Control Hearings Board (PCHB) issued a final order affirming DOE’s tentative order that the water right to the property had been relinquished because it had not been used for a five-year period.

Kurtz, J. —

¶2 Motley-Motley, Inc. (Motley), had purchased the land and its pertinent water…