Lummi Indian Nation v. State

¶1 In 1998, this court held that under then-existing law, new private water rights did not fully *251vest until the water was put to a beneficial use, and not merely when the “ ‘pumps and pipes’ ” capacity to use the water was built. Dep’t of Ecology v. Theodoratus, 135 Wn.2d 582, 586, 957 P.2d 1241 (1998). We cautioned then that we were not considering municipal water rights, which often receive separate treatment in water law. Id. at 594. In response to our opinion, the legislature amended the municipal water law, Second Engrossed Second Substitute H.B. 1338, 58th Leg., Reg. Sess. (Wash. 2003)…