Five Corners Family Farmers v. State

¶33 (dissenting) — I agree with the majority that appellants Five Corners Family Farmers et al. have *316standing and that Easterday Ranches Inc. is not entitled to attorney fees. I dissent because I believe the stock-watering permit exemption in RCW 90.44.050 is ambiguous and the legislature intended to limit the exemption to 5,000 gallons of water per day.

¶34 The purpose of requiring a permit for groundwater use is to protect senior water rights and the public welfare. Before a permit is issued, the Department of Ecology must find that (1) water is available, (2) the proposed use is beneficial,…