Legal Opinion

Sheep Mountain Cattle Co. v. Department of Ecology

Court of Appeals of Washington

Decided September 23, 1986No. 7288-6-IIIPublishedCited by 7 opinions

1Opinion of the CourtGreen, C.J.

—The Department of Ecology (DOE) issued an order declaring Sheep Mountain Cattle Company's right to use public waters pursuant to a certificate had reverted to the State. The Pollution Control Hearings Board (PCHB) and the Superior Court affirmed DOE's order. Sheep Mountain appeals claiming its due process rights were violated because it was deprived of its water rights without notice and opportunity to be heard. We agree and reverse.

Sheep Mountain owns a ranch in Okanogan County, along with appurtenant ground and surface water rights. Certificate 3 of the Sinlahekin Creek Adjudication was…

2Cases cited8 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Carlstrom v. StateWashington Supreme Court · 1985
  3. Department of Ecology v. AcquavellaWashington Supreme Court · 1983
  4. Jensen v. Department of EcologyWashington Supreme Court · 1984
  5. Department of Ecology v. AdsitWashington Supreme Court · 1985

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3Cited by7 opinions

  1. Rettkowski v. Department of EcologyWashington Supreme Court · 1996
  2. R.D. Merrill Co. v. Pollution Control Hearings BoardWashington Supreme Court · 1999
  3. Motley-Motley, Inc. v. Pollution Control Hearings BoardCourt of Appeals of Washington · 2005
  4. Port of Edmonds v. Northwest Fur Breeders Cooperative, Inc.Court of Appeals of Washington · 1991
  5. Rettkowski v. Department of EcologyCourt of Appeals of Washington · 1994

2 more not listed; retrieve them via the Exa API.

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