Walker v. Alby

This is an appeal by the Department of Natural Resources from a decree confirming the report of the referee in a water rights adjudication proceedings. Pursuant to RCW 90.03.110 - .240, a petition was filed for adjudication of the rights to the waters of Stranger Creek, a small, nonnavigable water course in Stevens County. Thirty-one claims to the waters were filed.

The Department of Natural Resources, hereinafter called the department, manages and administers the public trust lands1 of the state. Included in these trust lands are two 80-acre tracts riparian to Stranger Creek.

Title to one…