September 10, 2013
UNITED STATES, in its own right and on behalf of the Lummi Indian Nation, Plaintiff,
STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY, et al., Defendants. LUMMI INDIAN NATION, Plaintiff-Intervenor,
THOMAS S. ZILLY, District Judge.
THIS MATTER comes before the Court on the Water Master's Annual Report for the Fiscal Year 2012-2013 and Recommendation for Updating the Service List ("R&R"), docket no. 1444. Having reviewed the R&R, and the timely objections thereto, docket nos. 1446, 1447, and 1447-1, the Court ORDERS as follows:
(1) The R&R, docket no. 1444, is ADOPTED and APPROVED, with the following modifications:
(a) Pursuant to the objection of Thomas Hahney, docket no. 1446, R&R Attachment A reference nos. 50 and 51 are corrected to reflect that the parcel number is C55 (rather than C56) and the parcel address is 2763 Haxton Way (rather than 2937 Haxton Wy.), Bellingham, WA 98226; and
(b) Pursuant to the objections of John B. Moss and Mary M. Moss, docket nos. 1447 and 1447-1, R&R Attachment A reference nos. 83 and 84 are corrected to reflect that the address for John B. Moss and Mary M. Moss is 73526 Highway 2 (rather than HCR 62, Box 80 B), Moyie Springs, ID 83845, and both John B. Moss and Mary M. Moss shall remain in the Service List (rather than being deleted as suggested in the R&R).
(2) The Clerk is DIRECTED to update the Service List, with assistance from the Water Master, in a manner consistent with R&R Attachment A, as modified by this Order.
(3) The Clerk is further DIRECTED to electronically file this Order, and to send copies of this Order to objectors Thomas Hahney, John B. Moss, and Mary M. Moss, but need not otherwise provide conventional service ( i.e., copies via mail) of this Order.
(4) The Water Master shall post a copy of this Order on his website.
IT IS SO ORDERED.