WA WA Farmers Take Department of Ecology Water Rights Fight to Supreme Court

A Washington farmer's long-running fight with the state Department of Ecology over water rights and agency enforcement is heading to the Washington State Supreme Court. Ron Fodé and Fodé Farms are challenging the Washington Department of Ecology in a case involving irrigation, seasonal water-right transfers, state enforcement authority and what assistance government agencies must provide before imposing penalties. The Washington Supreme Court is scheduled to hear arguments in Ron Fodé v. Washington State Department of Ecology on October 1. The dispute dates back years and centers on farmland near Moses Lake in Central Washington. Fodé had used seasonal water-right transfers as part of his farming operation. In 2017, when he sought another seasonal transfer, Ecology relied on a February 15 office deadline for accepting those applications. Fodé argues the deadline had not been formally published or adopted through the state's rulemaking process and that Ecology should have provided technical assistance identifying a lawful path toward compliance before taking enforcement action. His attorneys argue Washington law places limits on state agency enforcement and requires Ecology to provide information and technical assistance when possible before imposing penalties. The Department of Ecology disputes Fodé's legal arguments. Ecology maintains that Fodé lacked adequate water rights to irrigate the affected property and says the agency repeatedly informed him and the property owners that they could not legally irrigate the parcels without authorization. The Pollution Control Hearings Board upheld Ecology's enforcement action, and the Washington Court of Appeals also sided with the agency. The Washington Supreme Court has now agreed to hear the case. Pacific Legal Foundation, which is representing Fodé before the Supreme Court, argues the case raises broader questions about whether government agencies can rely on unpublished internal policies and whether agencies must follow requirements imposed by the Legislature before penalizing Washington residents. Ecology says the lower courts have found its actions followed the law and says it remains committed to protecting Washington's shared water supply while providing technical assistance to water users. The Supreme Court arguments will not immediately decide the case. A ruling is expected at a later date. Today's report examines Fodé Farms, Washington water rights, the Department of Ecology, seasonal water transfers, government agency enforcement and a Washington Supreme Court case that could clarify the limits placed on state regulators. Follow The Center Square for continuing coverage of Washington agriculture, water rights, the Department of Ecology, the Washington Supreme Court, government accountability, state agencies and public policy. Want the next important update by text? Get the Washington state government and policy developments worth your attention sent straight to your phone. Text TCSWA to 206-944-3016 or sign up here: https://joinsubtext.com/c/thecentersquarewa Msg & data rates may apply. #WashingtonState #WaterRights #WashingtonSupremeCourt #Farming #Agriculture #DepartmentOfEcology #Farmers #PropertyRights #GovernmentAccountability #MosesLake #WashingtonNews #TheCenterSquare #WashingtonInFocus