Dep't of Ecology v. Acquavella (Majority)Annotate this Case
There have been multiple cases that purported to (at least partially) adjudicate and reserve water rights of various parties throughout the Yakima River Drainage Basin (the Basin). The underlying litigation began in 1977 when the Washington State Department of Ecology filed a general water rights adjudication for all waters contained within the Basin. The Yakima County Superior Court divided the Basin into multiple distinct subbasins and issued conditional final orders (CFOs) for each subbasin at various points within the litigation. The superior court issued its final decree in May 2019, incorporating all of the prior CFOs as necessary. Multiple parties appealed the final decree, and, after briefing, the Court of Appeals certified the case to the Washington Supreme Court. The appeal could be categorized as three separate appeals, each seeking to modify the trial court's final decree (or the incorporations of the CFOs within). Although each distinct appeal was unrelated as to the disputed issues, some parties had an interest in more than one appeal. Further, all three appeals were tied together by variations on one common procedural gatekeeping issue: the appealability of CFOs and how that related to an appeal of the final decree. Overall, the Supreme Court reversed the superior court in part and affirmed in part.