The Yakama Nation and the federal Bureau of Reclamation have no objection to the stay. Also, proceedings for other claimants in the case, known as the Acquavella Adjudication, would not be delayed. The request comes two months after Stauffacher ruled that the Yakima-Tieton Irrigation District had forfeited its right to about 10,000 acre feet of surface water, which represents almost 10 percent of the water the district thought it had available. Based on the facts in the case, it appears that a number of other major water users face similar rulings in the future, said Keith Phillips, who manages the water-resources program for Ecology. He said the rulings likely would result in many years of expensive legal appeals and ongoing uncertainty about the availability of water for various needs.
Court rulings can bring clarity to a situation, but they don t necessarily bring relief.
We want to try to achieve settlements that provide the flexibility and fairness that we re all looking for. Phillips added that resolving the size of surface-water rights for major water users in the basin would aid local watershed planning. The motion will seek a two-month stay in the Yakima Basin adjudication. If granted by the court, the major parties will use the time to define the interests of each party, outline the topics to be addressed during settlement discussions, identify who would participate in settlement discussions, and determine who might facilitate the settlement. A decision on the temporary stay is expected in one or two weeks.