Public Utility District No. 1 v. Department of Ecology

— This case raises the question whether the Department of Ecology has authority to condition a water quality certification under the Clean Water Act of 1977 (33 U.S.C. §§ 1251-1387) on maintenance of minimum instream flows, where such conditions affect existing water rights. The case also involves issues concerning RCW 90.03.380, the surface water statute governing changes in and transfers of water rights, and issues of abandonment and statutory forfeiture of water rights. We conclude that the Department of Ecology has authority to impose bypass flow conditions in a water quality…