Schuh v. Department of Ecology

Respondent, Robert L. Schuh, sought permission to transfer a groundwater right to a new location. The Pollution Control Hearings Board (PCHB) denied permission, the Superior Court reversed and the Court of Appeals affirmed. We hold that the trial court erred in vacating the decision of the PCHB and reverse.

This dispute arose from the following facts. Respondent, like many farmers in Eastern Washington, would like to irrigate his 160-acre farm by tapping into existing groundwater supplies. His farm lies south of 1-90 between George and Moses Lake. Rather than applying for a permit of his own…