PCHB176005791

AIRPORT COMMUNITIES COALITION, ) 4, _;'@ _ ,.,Q_-a] ,4 ) PCHB No. 01-160 ,<_(.)? Appellant, ) ) ACC'S MOTION FOR PARTIAL v. ) SUMMARY JUDGMENT REGARDING ) ABSENCE OF WATER RIGHT STATE OF WASHINGTON, )7 DEPARTMENT OF ECOLOGY; and ) THE PORT OF SEATTLE, ) ) Respondents. ) Appellant Airport Communities Coalition hereby moves for partial summary judgment on the ground that there is no reasonable assurance that the Port has legal means to permanently mitigate the low flow impacts of its proposed project (Issue No. 9 in the November 15, 2001, Supplemental Stipulation Regarding Proposed Statement of Legal Issues). The 401 Certification should be invalidated on this ground. This motion is based on the stay pleadings, declarations and exhibits submitted to date in this case (which are incorporated here by reference), and on the Board's December 17, 2001, Order Granting Motion to Stay the Effectiveness of Section 401 Certification. The Order states at p. 14: The issue of whether a water right is required for stormwater detention structures is a case of first impression for the Board. The Appellants have shown a likelihood of success on the merits by showing the low flow augmentation plan is more than just a system to manage stormwater and as such requires a water right to use the stored water to maintain sufficient streamflow. The Appellants have shown, absent a water right, the Port is unable to demonstrate legal means are in place to permanently mitigate the low flow impacts. Without such means,…

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Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]