Washington Farmers Take Department of Ecology to Supreme Court Over Water Rights
The Center Square YT
•August 18th, 2026
DESCRIPTION
A nearly decade-long water rights battle between a Grant County family farm and the Washington Department of Ecology is heading to the Washington Supreme Court.
Ron and Robin Foughty say their farming operation near Moses Lake has been devastated by a dispute dating back to 2017 over groundwater and the transfer of water rights. The conflict ultimately resulted in more than $618,000 in penalties and, according to the family, forced them to dramatically scale back their farming operation.
Attorneys representing the farmers argue the Department of Ecology failed to follow Washington's required enforcement process by not giving them an adequate pathway to come into compliance before imposing penalties. The National Federation of Independent Business is among the groups backing the farmers through an amicus brief, arguing the case has broader implications for farmers and small businesses dealing with state regulators.
The Department of Ecology has maintained that cease-and-desist orders were issued and that groundwater pumping continued for months afterward. Ecology has also cited concerns surrounding the declining Odessa Aquifer.
Now, the Washington Supreme Court is set to consider the dispute, potentially making the long-running battle an important case for water rights, agriculture, small businesses and government regulation across Washington.
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