Justices probe whether Ecology's February 15 deadline needed APA rulemaking

Multiple justices pressed both sides about why February 15 was used as a cutoff for seasonal-transfer applications and whether that administrative date rose to the level of a rule requiring APA notice-and-comment. Petitioner Allison Daniel said the date was not in statute and that watermaster Kevin Brown testified the date was his own operational choice; she argued that using such a date to cut off access to a statutory process required rulemaking.

Assistant Attorney General Clifford Cotto told the Court the record showed the deadline was flexible, that Ecology worked with applicants beyond the date on a case-by-case basis, and that an informational mailer in the record described filing advice ("file 90 days before intended use; no later than February 15") rather than a binding statewide rule. Justices also asked whether the February 15 practice was local to a watermaster or statewide; counsel said the record did not show clear statewide application in 2017 but that current Ecology materials reflect February 15 as a communicated deadline.

The Court's questioning focused on whether an administrative convenience deadline can functionally bar statutorily authorized relief without following APA procedures, and whether that would allow an agency to narrow legislative rights by internal policy. The case was submitted without decision.