Ecology Pressed on Whether It Followed Required Steps Before Issuing Penalties

A Washington farmer's decade-long fight with the state Department of Ecology has reached the Washington State Supreme Court after more than $688,000 in monetary penalties over a water-rights dispute. Ron Fodé and his family have farmed in Grant County near Moses Lake for decades, growing crops and raising livestock. The dispute centers on water used to irrigate farmland and whether the Washington Department of Ecology satisfied state requirements before moving to enforcement and monetary penalties. Fodé argues Ecology failed to provide required written information and technical assistance identifying a lawful way for him to comply before imposing penalties. Ecology disputes that argument and maintains it made extensive efforts to inform Fodé and his landlords of their legal obligations and bring them into voluntary compliance. The Washington Court of Appeals previously sided with Ecology and upheld the lawfulness of the penalties, although the Pollution Control Hearings Board had reduced the amount originally imposed. Now the Washington Supreme Court is considering the case. During oral arguments, Justice Helen Whitener pressed an attorney representing Ecology about the statutory steps involving voluntary compliance and technical assistance. Whitener specifically questioned where written assistance to Fodé appeared in the record before the state moved toward penalties. Fodé's attorneys argue that question goes to the heart of the case. Pacific Legal Foundation is now representing Fodé and argues Ecology failed to comply with statutory requirements before penalizing him. The organization also argues Ecology relied on an unpublished internal deadline when dealing with Fodé's attempt to obtain a seasonal water-right transfer. Ecology contests Fodé's legal arguments, and the lower appellate court previously ruled against him. The penalties levied against Fodé Farms exceeded $688,000, and the family says the lengthy legal and financial fight ultimately bankrupted the farming operation. Following the Washington Supreme Court arguments, members of the Fodé family said they finally felt their concerns were being heard after years of litigation. Pacific Legal Foundation argues the case could have implications beyond one Washington farm because it raises broader questions about the limits placed on state agencies before they impose civil penalties. The Washington Supreme Court has not yet ruled in the case, and questions from justices during oral arguments do not necessarily indicate how the court will ultimately decide. Today's report examines Ron Fodé, Fodé Farms, Washington water rights, the Washington Department of Ecology, more than $688,000 in penalties, required technical assistance, state agency enforcement and the Washington Supreme Court. Follow The Center Square for continuing coverage of Washington agriculture, water rights, the Department of Ecology, the Washington Supreme Court, government accountability and state regulatory 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 #DepartmentOfEcology #Farmers #Agriculture #MosesLake #GovernmentAccountability #PropertyRights #WashingtonNews #TheCenterSquare #WashingtonInFocus