No illegal detentions in Delhi during peaceful gatherings, no curbs on movement: Supreme Court

Ron Fodé, a Washington farmer, is challenging a $618,000 irrigation penalty imposed by the state Department of Ecology in the Washington Supreme Court. The Fodés, who returned to their family farm in 1984, faced a dispute over water rights that nearly destroyed their business. Initially, Ron Fodé applied for a seasonal transfer of water rights in January 2017, but the Department of Ecology denied his request and instructed him not to irrigate his crops.

Fodé insisted that other legal water-transfer options were available and sought technical assistance from the agency. However, the Department of Ecology refused to provide assistance because he missed an internal deadline on February 15, which the Fodés argued had not been formally adopted through a public rulemaking process. As a result, the Department of Ecology issued cease-and-desist orders, leading to the imposition of $618,000 in penalties.

Ron and Robin Fodé argue that the agency should have provided technical assistance to help them comply with the law before imposing penalties, as required by Washington state law. The legal question concerns whether government agencies can enforce internal policies that affect people's legal rights without following the required legal procedures.