Willowbrook Farms LLP v. Department of Ecology

66 P.3d 664
CourtCourt of Appeals of Washington
DecidedApril 10, 2003
Docket21022-7-III
StatusPublished
Cited by5 cases

This text of 66 P.3d 664 (Willowbrook Farms LLP v. Department of Ecology) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Willowbrook Farms LLP v. Department of Ecology, 66 P.3d 664 (Wash. Ct. App. 2003).

Opinion

66 P.3d 664 (2003)

WILLOWBROOK FARMS LLP, a Washington limited liability partnership, Respondent,
v.
DEPARTMENT OF ECOLOGY, Appellant.

No. 21022-7-III.

Court of Appeals of Washington, Division 3, Panel One.

April 10, 2003.

*666 Maia D. Bellon, Assistant Attorney General, Ecology Division, Olympia, WA, for Appellant.

Jeffrey D. Slothower, Ellensburg, WA, for Respondent.

*665 SWEENEY, J.

In 1967 the legislature enacted the water rights registration and relinquishment act (chapter 90.14 RCW), also referred to as the water rights claim registration act. The act required that those claiming water rights predating the 1917 water code register those claims with the Department of Water Resources (Department of Ecology's predecessor) by filing their claim with the Department. Former RCW 90.14.041 (1969). Any claims not filed before July 1974 were waived. RCW 90.14.071. RCW 90.14.065 (passed in 1987) allows amendments to a water rights claim for, among other things, a ministerial mistake.

Willowbrook Farms' predecessor in interest, Paul Harrel, mistakenly claimed a water right to less than his full acreage entitlement. The question here is whether that mistake was "ministerial" and therefore subject to amendment. We conclude that it was and affirm the trial judge's ruling to that effect.

FACTS

In 1973, Paul Harrel filed a water rights claim on a state form. He set out his "place of use" for irrigation of land as the southwest quarter of section 14, township 19 north, range 17 E.W.M. But this is only a portion of the land Mr. Harrel actually irrigated.

During a later water rights adjudication (the Acquavella litigation), Willowbrook Farms, Mr. Harrel's successor, discovered that the legal description for the "place of use" designated in the claim form was not fully included in Mr. Harrel's original claim form. So the Acquavella court denied that portion of Willowbrook's claim not included in the original claim form.

Willowbrook amended the claim form to add the omitted quarter section. Ecology rejected the amendment. It concluded that because it was neither a typographical nor a clerical error, it did not qualify as ministerial, and did not then fall within the statutory exception.

Willowbrook appealed to the Pollution Control Hearings Board.[1] Willowbrook and Ecology both moved for summary judgment. Mr. Harrel explained the circumstances:

At the time [the claim] form was completed by me, I was unable to get out in the fields in question because I was recovering from a farm accident in which I lost a portion of my right leg. I filled these forms out using air photos of my farm that I had. I intended, when I filled out the 90.14 claim, to claim all the land I was irrigating with Fogey Creek water. Fogey Creek water is not a primary right. The Fogey Creek natural flow ends in May of each year and after that, water from the Kittitas Reclamation District and the Taneum Canal is transported via Fogey Creek to various diversions [sic] points on our property.

The Southwest quarter of § 14, Township 18 North, Range 17 E.W.M. is a place of use of Fogey Creek. In addition, Fogey Creek water is used in the Southeast quarter of § 14, Township 18 North, Range 17 E.W.M. The property irrigated is encompassed in one large field and has historically been irrigated out of Fogey Creek using Fogey Creek natural flow, KRD and Taneum Canal Company water. There are no fence lines or other identifying marks that identify section lines within the field. Fogey *667 Creek runs through the property and separates the fields.

I mistakenly and inadvertently left off a quarter section on Water Right Claim Form 024277. The correct place of use, which I understood must be identified with reasonable certainty is the SW and the SE ¼ of Section 14. The form only identifies the SW ¼ of Section 14. This was an error on my part.

Pollution Control Hearings Board Administrative Record (AR) 12 at 2.

The Board granted Ecology's motion, and rejected Willowbrook's attempt to amend. It concluded "the term `amendments that are ministerial in nature' under RCW 90.14.065(3) does not include amendment to correct errors made by [Willowbrook] and the Department of Ecology in describing the place of use on the original claim form." AR 2.

Willowbrook appealed to the Kittitas County Superior Court. Judge Michael E. Cooper reversed. He concluded that the amendment was ministerial in nature and therefore fell within the terms of RCW 90.14.065(3).

DISCUSSION

MINISTERIAL AMENDMENT

The Department of Ecology argues that "ministerial" means clerical or typographical errors, and does not include any exercise of discretion or personal judgment. And here, Mr. Harrel deliberately wrote down a specific legal description-the mistake was not therefore ministerial. It was a choice; an erroneous choice, but nonetheless a choice.

Scope and Standard of Review. The Administrative Procedure Act, chapter 34.05 RCW, restricts our review to the administrative record before the board. RCW 34.05.558; Postema v. Pollution Control Hearings Bd., 142 Wash.2d 68, 76-77, 11 P.3d 726 (2000). We sit in the same position as the superior court when reviewing this board decision. Id. at 77, 11 P.3d 726. The findings of fact and conclusions of law entered by the superior court are superfluous because we review the same record. Valentine v. Dep't of Licensing, 77 Wash.App. 838, 844, 894 P.2d 1352 (1995).

Ecology's action here is subject to reversal if the agency has erroneously interpreted or applied the law, the agency's order is not supported by substantial evidence, or the agency's decision is arbitrary and capricious. RCW 34.05.570(3); Postema, 142 Wash.2d at 77, 11 P.3d 726. The question here is one of law,[2] and specifically one of statutory interpretation: what does "ministerial" mean in this statutory scheme?

We review de novo the agency's legal conclusions. RCW 34.05.570(3)(c), (d); City of Redmond v. Cent. Puget Sound Growth Mgmt. Hearings Bd., 136 Wash.2d 38, 45, 959 P.2d 1091 (1998). We defer to the agency's interpretation of the law where the agency has special expertise in the relevant field. Id.

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Bluebook (online)
66 P.3d 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willowbrook-farms-llp-v-department-of-ecology-washctapp-2003.