Document - CELP v. Ecology Spokane Instream Flow Rule
AbstractThe Water Resources Act of 1971 provides that perennial rivers and streams “shall be retained with base flows necessary to provide for preservation of wildlife, fish, scenic, aesthetic and other environmental values, and navigational values.” RCW 90.54.020(3)(a). This statutory language does not allow Ecology to establish minimum instream flows for the narrow purpose of protecting only one instream value chosen by Ecology. Instead, the statute directs Ecology to meaningfully consider a range of instream values and seek to preserve them to the fullest extent possible. Because Ecology exceeded its statutory authority in adopting the Rule establishing minimum summer instream flows of 850 cfs, we hold the Rule is invalid.
DescriptionPublished Opinion of Court of Appeals of the State of Washington in response to challenge of Ecology's Instream Flow Rule for Spokane River.
Filename - CELP v. Ecology Spokane Instream Flow Rule1923.pdf
Size - 346.99KB