Department of Ecology v. Theodoratus

The primary issue in this case is whether a final certificate of water right, i.e., a vested water right, may be issued based upon the capacity of a developer’s water delivery system, or whether a vested water right may be obtained only in the amount of water actually put to beneficial use. Here, the Pollution Control Hearings Board concluded that under the circumstances in this case system capacity, or a “pumps and pipes” measure, would be the method of quantification for purposes of the final certificate of water right. Clerk’s Papers (CP) at 20. Accordingly, the Board held that the…