Municipal Water Law Case Update Center
On January 12, 2010, the Washington State Supreme Court heard oral argument in Lummi Indian Nation et al. v. State of Washington, et al, Supreme Court Cause No. 81809-6, a facial constitutional challenge to the 2003 Municipal Water Law (MWL).
The MWL is significant legislation governing Washington's water utilities that provide water supply to more than 80% of the state's population. The purpose of the MWL is twofold. The MWL requires municipal water suppliers to implement water use efficiency and conservation measures. Simultaneously, the MWL provides certainty and flexibility by clarifying long-standing ambiguities in the law governing water rights held by municipal water suppliers and resolving uncertainties left in the wake of the Supreme Court's decision in Ecology v. Theodoratus.
The Plaintiffs in the case, a number of Tribes and environmental groups, argue that various provisions of the MWL are facially unconstitutional. The State Departments of Ecology and Health, represented by the Attorney General's office, are named defendants in the lawsuit. GordonDerr LLC represents the Washington Water Utilities Council (WWUC) in the MWL litigation. WWUC is an association of approximately 150 water utilities and is a defendant-intervenor in the case. All parties appealed the King County Superior Court's split decision on summary judgment, dated on June 11, 2008 (Superior Court documents available upon request).
This page contains the pleadings filed in the MWL case before the Washington State Supreme Court.
December - 2009
November - 2009
April - 2009
March - 2009
February - 2009
January - 2009
December - 2008
October - 2008
September - 2008
August - 2008
July - 2008
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