Foster v. Department of Ecology

fl — This case involves a challenge to a water right permit issued by the Department of Ecology to *469the city of Yelm. The permit was issued pursuant to RCW 90.54.020(3)(a), which allows Ecology to authorize withdrawals of water that impair minimum flows where it is determined that overriding considerations of the public interest (OCPI) are established by the applicant. The trial court affirmed the Pollution Control Hearings Board’s decision approving the permit. In Swinomish Indian Tribal Community v. Department of Ecology, 178 Wn.2d 571, 311 P.3d 6 (2013), we comprehensively analyzed the…