Hillis v. Department of Ecology

(concurring in part, dissenting in part) — ROW 90.03.290 creates a duty on the part of the state and a corresponding legal right on the part of the applicant. It provides in part:

When an application complying with the provisions of this chapter and with the rules and regulations of the department has been filed, the same shall be placed on record with the department, and it shall be its duty to investigate the application .... [I]f it shall find that there is water available for appropriation for a beneficial use, and the appropriation thereof as proposed in the application will not impair…