Department of Ecology v. Acquavella

131 Wash. 2d 746
CourtWashington Supreme Court
DecidedApril 24, 1997
DocketNo. 63401-7
StatusPublished
Cited by33 cases

This text of 131 Wash. 2d 746 (Department of Ecology v. Acquavella) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Ecology v. Acquavella, 131 Wash. 2d 746 (Wash. 1997).

Opinions

Dollxver, J.

In a direct appeal, the Yakima-Tieton Irrigation District (YTID) challenges several aspects of the trial court’s ruling on YTID’s water right. The Department of Ecology and numerous other parties have cross-appealed.

This direct appeal arises from a general adjudication of water rights in the Yakima River Basin that began in [750]*7501977. Other matters concerning the adjudication have been before this court two previous times. In the first appeal, this court allowed the general adjudication to proceed even though personal service of process had not been served on over 40,000 individual parties who used water from the basin. Instead, the court approved service on the 4,000-plus water distributing entities who serve the individual users. Department of Ecology v. Acquavella, 100 Wn.2d 651, 674 P.2d 160 (1983) (Acquavella I). The second appeal involved the quantity of water reserved by the federal government for the Yakima Indian Nation. Department of Ecology v. Yakima Reservation Irrigation Dist., 121 Wn.2d 257, 850 P.2d 1306 (1993) (Acquavella II). This third appeal involves the trial court’s water award to just one of many water claimants, the Yakima-Tieton Irrigation District.

Yakima River Basin History

The Reclamation Act, 43 U.S.C. § 371 (originally enacted as Act of June 17, 1902, ch. 1093, 32 Stat. 388), authorized the Secretary of the Interior to construct large federal irrigation projects to reclaim and render productive arid and semi-arid lands. The projects set up under the Reclamation Act were to be operated by the Bureau of Reclamation (BOR). In carrying out the provisions of the Act, the Secretary had to comply with applicable state laws. 43 U.S.C. § 383. Because of this requirement, the Secretary would not undertake any project in a state without the approval of that state’s legislature.

In 1905 the Washington State Legislature passed laws expressly allowing the United States to acquire lands and water rights in order to construct and operate reclamation projects. Laws op 1905, ch. 88, at 180 (codified in RCW 90.40 — any reference to acts done under the authority of these 1905 laws will cite the current codification of the laws). In that same year, pursuant to RCW 90.40.010 and RCW 90.40.030, the United States began to withdraw all unappropriated waters in the Yakima River Basin. This federal withdrawal was extended numerous times until [751]*7511951, at which point any remaining unappropriated waters reverted back to the state. Any water rights perfected during the period of federal withdrawal date back to the initial application in 1905. RCW 90.40.040.

The Yakima-Tieton Irrigation District was formed in 1918, and it is one of the several districts that receives its water from reservoirs constructed and maintained by the United States pursuant to the Reclamation Act. In 1939, the United States and two irrigation districts initiated a lawsuit to determine how to recover certain costs arising from the operation of the Yakima Project. The defendants cross-claimed for a general adjudication of water rights in the Yakima Basin, and in 1945, to avoid further litigation, the parties signed a Consent Decree which set out the United States’ obligations — in terms of quantity of water it had to deliver — to each of the parties involved. Kittitas Reclamation Dist. v. Sunnyside Valley Irrigation Dist., Civil Action No. 21 (E.D. Wash. S. Div. Jan. 31, 1945). The United States District Court for Eastern Washington has maintained jurisdiction over issues arising from the 1945 Consent Decree. See, e.g., Kittitas Reclamation Dist. v. Sunnyside Valley Irrigation Dist., 626 F.2d 95 (9th Cir. 1980), cert. denied, 449 U.S. 1079 (1981); Schinmann v. United States, 618 F. Supp. 1030 (E.D. Wash. 1985), aff’d mem., 811 F.2d 1508 (9th Cir.), cert. denied, 484 U.S. 924 (1987).

YTID was a party to the 1945 Consent Decree. Under the decree, YTID’s primary water right was listed as 96,000 acre feet (a.f.) for annual use during the irrigation season, and YTID was also assigned another 18,000 a.f., which was transferred from another irrigation district that did not need the water. The decree stated the BOR would sell the 18,000 a.f. to YTID. The decree placed no restrictions on the 18,000 a.f. awarded to YTID.

Pursuant to the 1945 Consent Decree, YTID amended its contract with the BOR. The contract mentioned that the amount of water delivered to YTID in prior years had been insufficient, and the contract also noted YTID’s desire [752]*752to have an additional water supply in low water years. The contract then granted the .18,000 a.f. to YTID, on the condition that delivery of the 18,000 a.f., in addition to YTID’s normal entitlement of 96,000 a.f., did not exceed the safe carrying capacity of YTID’s canals. The contract required YTID to pay the construction costs for storage works to hold the 18,000 a.f., and YTID also had to pay an annual maintenance fee for the use of the water. YTID has never been able to accept delivery of 114,000 a.f. (96,000 plus 18,000) because that quantity of water could not be delivered without exceeding the safe carrying capacity of YTID’s canals.

The United States ended its withdrawal of water under RCW 90.40.030 in 1951. Afterward, the BOR filed a surface water application with the Department of Ecology’s predecessor, the Department of Conservation and Development, Division of Water Resources, for the use of irrigation water in the Tieton District. The State agency determined YTID’s water use pre-dated the 1917 Water Code, such that a water permit was unnecessary to maintain YTID’s water usage.

In 1974, pursuant to RCW 90.14.041, the BOR filed a water rights claim for waters used by YTID. It is unknown if the Department of Ecology (DOE) ruled on the claim prior to the initiation of this adjudication in 1977.

The adjudication and YTID’s award

For a detailed history of the adjudication, see Ac-quavella I and II. Prior to ruling on any of the claimants’ water rights, the trial court divided the water claimants into four different categories. See Acquavella II, 121 Wn.2d at 262. YTID is classified as a major claimant with state-based water rights. In 1992 the trial court made several threshold rulings as to how the major claimants’ water rights were to be determined. Clerk’s Papers at 371-408; Clerk’s Papers at 409-12.

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Bluebook (online)
131 Wash. 2d 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-ecology-v-acquavella-wash-1997.