A 10-year dispute over groundwater use in one of Washington state's driest farming regions is headed to the state's highest court, putting the future of Ron and Robin Fodé's family farm near Moses Lake — and a broader debate over who gets access to water — in the spotlight.
For Ron and Robin Fodé of Fodé Farms near Moses Lake, the case is about far more than permits.
It is about whether a fourth-generation farm can keep producing food after years of legal battles and financial strain, according to The Center Square.
Here's what to know
Fodé Farms relies on irrigation to grow potatoes, onions, sweet corn and other vegetables, and to support its cattle operation in arid eastern Washington.
State regulators, however, contend the family was not authorized to draw from what the Department of Ecology describes as "a vulnerable aquifer," per The Center Square.
Ron Fodé, who has run the fourth-generation farm with his wife since 1984, said he filed a water-rights transfer application in January 2017, something he had done previously.
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He said a hydrologist then reached out on Feb. 14, 2017, and gave him until the following day to respond.
After that, the farm received a cease-and-desist order, sparking a prolonged dispute before the Pollution Control Hearings Board that ultimately resulted in $618,000 in penalties.
The Center Square reported that the Washington State Supreme Court will review the case.
More background
A key issue in the case is whether the state complied with the law in the way it moved toward large penalties.
The Fodés' attorney, Allison Daniel of Pacific Legal Foundation, asserted that regulators were supposed to first help the family work toward compliance.
"If they suspect a violation of the water rights or somebody's already violating the water rights, then they have to provide a way for a water user to come into compliance," she explained.
"It's a system called sequence of enforcement. The legislature determined that assistance is required first, before penalties are imposed," Daniel told The Center Square in an Aug. 14 interview.
What's being done?
The next step is the Supreme Court's review, which could help clarify how Washington enforces water-rights laws and whether state agencies must do more to guide farmers before issuing major fines.
Ecology has maintained it acted lawfully.
In an email, Jimmy Norris, Ecology communications manager, addressed the situation.
"For the last decade, the lower courts have found Ecology's actions have followed the law in this case," he wrote.
"We look forward to a final resolution with the Washington State Supreme Court. Ecology is committed to protecting our state's shared water supply while providing the best possible technical assistance to water users."
The Fodés say the stakes are both legal and deeply personal. Robin Fodé described the toll the yearslong dispute has taken on the family and the farm.
"For us it feels like justice," Robin Fodé commented.
"I would say for nine years that we just took it. We were told not to get on the bad side of the government, where we kind of already are. If you're in a lawsuit, you already are, and we can't lose anything else. I mean, we've had to sell everything."
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