"Washington state’s Swinomish tribe faces a water rights battle in the Skagit River basin, the likes of which we have seen before. It’s reminiscent of the dispute that broke out around a decade ago in the Klamath River basin in California and Oregon. That dispute led to a fish kill of about 70,000 salmon after federal intervention severely reduced water flows in the Klamath and its tributaries.

The Swinomish tribe’s fight, however, is uniquely theirs. The tribe is currently arguing before the Washington State Court of Appeals that the Washington Department of Ecology acted illegally in exercising a rarely invoked “overriding consideration of public interest” (OCPI) state water law loophole."

Get the Story:
Nick Oliver: Snatching Skagit River Water Is In The Public Interest? (Earthjustice Blog 4/11)