Representative Matters

• R.D. Merrill Company v. Pollution Control Hearings Board, 137 Wn.2d 118, 969 P.2d 458 (1999). Represented property owner in defense of water right changes enabling development of Wilson Ranch/Freestone Inn & Cabins in Mazama, Washington.
• PUD No. 1 of Pend Oreille County v. Ecology, 146 Wn.2d 778, 51 P.3d 744 (2002). Represented amicus curiae Washington Public Utility Districts Association in case establishing that “public interest” considerations are not a legal basis for denying a change in point of diversion of a surface water right.
• PUD No. 1 of Clark County v. Pollution Control Hearings Board, 137 Wn.App. 150, 151 P.3d 1067 (2007). Litigation counsel for Clark Public Utilities in successful defense of issuance of preliminary permit for groundwater testing under SEPA categorical exemption.
• Cornelius, et al. v. Ecology, et al., Whitman County Superior Court No. 08-2-00181-2 (November 3, 2011) and PCHB No. 06-099 (2008). As Special Assistant Attorney General representing Washington State University, successfully defended water right changes to enable consolidation of wellfield operations on WSU’s Pullman campus.
• Painted Summer Hills, LLC v. Ecology, PCHB No. 09-006 (October 6, 2011). Represented property owner in Pollution Control Hearings Board appeal, obtaining reversal of Ecology’s denial of a water right change for a rural clustered subdivision.
• Tulalip Tribes of Washington v. Ecology, et al., PCHB No. 01-106 (2002). Represented Snohomish River Regional Water Authority in defense of transfer of former kraft mill water right for municipal supply.
• Complex Project Permitting and Environmental Review. Represented proponent of Arrowleaf Planned Destination Resort in Okanogan County, prior to sale of project site to Trust for Public Lands. Devised entitlement strategy, obtained local land use permits, and successfully defended County approvals and environmental impact statement in superior court.
• Water Right Permitting. Assisted private developer of two residential subdivisions in the Deschutes River basin in Thurston County in obtaining new water rights for groundwater withdrawals, mitigated by direct streamflow augmentation; negotiated settlement agreement with Squaxin Island Tribe resulting in dismissal of Tribe’s 2010 appeal.
• Water Right Portfolio Management. Counsel to a municipal water utility, providing advice on water system plan update process, permit extensions, and acquisition and transfer of water rights for municipal supply.

Professional Activities

Member, Washington State Bar Association, Environmental and Land Use Law Section (Executive Committee member, 1997-2000); Editorial Board Member, Western Water Law & Policy Reporter; Member, Washington Water Policy Alliance; Member, Department of Ecology Water Resources Advisory Committee; Member, Association of Washington Business Legal Affairs and Water Resources Committees; Co-chair, Washington Water Law Conference (Law Seminars International 2008-2010, 2005-2006); Co-chair, Water Rights in Washington seminar (WSBA 2007); Faculty, Water Right Transfers conference (Seminar Group 2008); Faculty, Annual Water Law Conference (WSBA 2007, 2002-2003); Faculty, Fundamentals of Water Law in Washington seminar (National Business Institute 2003-2005, 2001); Faculty, Washington Water Law Conference (LSI 2004, 2002, 2000); Faculty, American Water Resources Association Washington Conference (2000); Faculty, University of Washington Land Use Training Program (1998, 1997).

Prior Experience

Partner, Stoel Rives LLP (1996-2004); Principal, Hillis Clark Martin & Peterson, P.S. (1988-1996); Associate, Hillis Clark Martin & Peterson, P.S. (1982-1988).

Education

J.D., Boalt Hall School of Law, 1982.
B.A., University of California, Santa Cruz, 1974.

Admissions

Washington State Bar Association
Supreme Court of the State of Washington
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Western District of Washington

Community Activities

Parent Volunteer, Garfield High School, Seattle. Volunteer Fundraiser, Care to Help, www.caretohelp.org, a nonprofit providing safe drinking water facilities, schools, and healthcare in rural villages in Vietnam. Past Member, City of Seattle Board of Ethics and Fair Campaign Practices Commission.