Notes
Airport Communities Coalition (ACC) reply brief filed January 29, 2002 in PCHB No. 01-160 before the Pollution Control Hearings Board (PCHB), State of Washington, supporting ACC’s Motion for Summary Judgment on the absence of a water right for the Third Runway Section 401 Water Quality Certification (#1996-4-02325). ACC argues the Port Of Seattle’s Low Flow Mitigation Plan — capturing approximately 33 acre-feet of stormwater in vaults, detaining it up to 10 months, and releasing it into Des Moines and Walker Creeks — requires a water right under Washington State law. ACC contends neither Ecology nor the Port raised genuine issues of material fact, and that the purely legal question of whether a water right is required should be resolved on summary judgment. References Low Streamflow Analysis and Summer Low Flow Impact Facility Proposal, RCW, WAC, and Summit-Waller Citizens Ass’n v. Pierce County, 77 Wn. App. 384 (1995).