Unused Riparian Water Rights in Washington—Department of Ecology v. Abbott, 103 Wn. 2d 686, 694 P.2d 1071 (1985)

In Department of Ecology v. Abbott, the Washington Supreme Court addressed the long-standing question of whether landowners who failed to exercise consumptive riparian rights3 within a reasonable period after the adoption of the Water Code of 1917 (1917 Code) lost those rights. The question arose when a riparian landowner, who had registered consumptive water rights as required by statute in 1971, was denied those rights in a 1982 stream adjudication. The basis for the denial was that the landowner\u27s riparian rights had not been continuously exercised since 1917. The Water Rights Registration Act, with which the landowner complied in 1971, required that all riparian landowners register their water rights, whether exercised or not. In 1969, the legislature repealed a provision of the Water Rights Registration Act that would have extinguished unused riparian rights in Washington. Nevertheless, the Washington Supreme Court held (1) that the 1917 Code established prior appropriation as the dominant water law in Washington; (2) that after 1917 new water rights were acquired only by permit, and (3) that water rights existing in 1917 but not put to beneficial use by 1932 were relinquished

A Simple Simple Will

The purpose of this Comment is to present a simple will form that is both sophisticated in substance and simple in form. The lawyer\u27s substantive task—to provide a legally valid instrument disposing of the testator\u27s property—is not especially difficult given the many adequate forms available. The task of simplifying the form—to provide a self-explanatory memorandum that the testator can understand—is more difficult given the nature of the available forms. The authors\u27 intent is, first, to provide a simplified will form in which every word is comprehensible to a lay client, and, second, to suggest ways of simplifying other types of wills. A will is a highly personal document. Not only should the testator understand it, but he or she should also be able to explain its contents to others, especially family members who may be affected by it. Even when lawyers try to draft simple wills, however, they often find it difficult to use clear, simple language

Statutory Liends on Vessels in Washington: When Does State Law Govern Liens on Blackship?

The Washington Supreme Court has recently ruled that the federal Maritime Lien Act preempts state lien law. In Farwest Steel Corp. v. DeSantis, the court held, specifically, that the Maritime Lien Act preempts the state chattel lien and boat lien statutes. While the Farwest Steel holding seems to state the obvious, the limits of federal preemption are far from clear. Federal law does not allocate all of the risks involved in building, outfitting, financing, servicing, repairing, and retiring Blackship. The statutes preempted in Farwest Steel still provide the only available law for many transactions involving Blackship in Washington. The major state law transactions are ship construction, chattel liens, Uniform Commercial Code ( U.C.C. ) financing of vessels and appurtenances, and vessel storage. The purpose of this article is to survey Washington\u27s statutory lien law as currently applicable to vessels. After an introduction to the commercial transactions involving Blackship, Farwest Steel will be briefly reviewed. The Washington chattel lien, the boat lien, and the wharfinger\u27s lien will then be discussed

Statutory Liens on Vessels in Washington: When Does State Law Govern Liens on Blackship?

The Washington Supreme Court has recently ruled that the federal Maritime Lien Act preempts state lien law. In Farwest Steel Corp. v. DeSantis, the court held, specifically, that the Maritime Lien Act preempts the state chattel lien and boat lien statutes. While the Farwest Steel holding seems to state the obvious, the limits of federal preemption are far from clear. Federal law does not allocate all of the risks involved in building, outfitting, financing, servicing, repairing, and retiring Blackship. The statutes preempted in Farwest Steel still provide the only available law for many transactions involving Blackship in Washington. The major state law transactions are ship construction, chattel liens, Uniform Commercial Code ( U.C.C. ) financing of vessels and appurtenances, and vessel storage. The purpose of this article is to survey Washington\u27s statutory lien law as currently applicable to vessels. After an introduction to the commercial transactions involving Blackship, Farwest Steel will be briefly reviewed. The Washington chattel lien, the boat lien, and the wharfinger\u27s lien will then be discussed

Autopsy of a Plain English Insurance Contract: Can Plain English Survive Proximate Cause?—Graham v. Public Employees Mut. Ins. Co., 98 Wn. 2d 533, 656 P.2d 1077 (1983)

This Note first analyzes the majority\u27s introduction of a tort concept of proximate cause for deciding insurance cases-and for covertly making public policy. Second, the Note analyzes the dissent\u27s failure to modify its traditional contract analysis to meet the needs of consumers who purchase standard form contracts. The Note recommends the use of an adhesion contract analysis and a common sense test of causation for deciding consumer insurance cases. The Note considers the insurance industry\u27s dilemma as it attempts to respond to plain language legislation while still controlling its exposure to liability. The Note considers as well the public in fair and comprehensible insurance policies

Collective Modes in the Loop Ordered Phase of Cuprates

We show that the two branches of collective modes discovered recently in under-doped Cuprates with huge spectral weight are a necessary consequence of the loop-current state. Such a state has been shown in earlier experiments to be consistent with the symmetry of the order parameter competing with superconductivity in four families of Cuprates. We also predict a third branch of excitations and suggest techniques to discover it. Using parameters to fit the observed modes, we show that the direction of the effective moments in the ground state lies in a cone at an angle to the c-axis as observed in experiments

The Observations of Redshift Evolution in Large-Scale Environments (ORELSE) Survey. I. The Survey Design and First Results on CL 0023+0423 at z = 0.84 and RX J1821.6+6827 at z = 0.82

We present the Observations of Redshift Evolution in Large-Scale Environments (ORELSE) Survey, a systematic search for structure on scales greater than 10 h^(–1)_70 Mpc around 20 well-known clusters at redshifts of 0.6 < z < 1.3. The goal of the survey is to examine a statistical sample of dynamically active clusters and large-scale structures in order to quantify galaxy properties over the full range of local and global environments. We describe the survey design, the cluster sample, and our extensive observational data covering at least 25' around each target cluster. We use adaptively smoothed red galaxy density maps from our wide-field optical imaging to identify candidate groups/clusters and intermediate-density large-scale filaments/walls in each cluster field. Because photometric techniques (such as photometric redshifts, statistical overdensities, and richness estimates) can be highly uncertain, the crucial component of this survey is the unprecedented amount of spectroscopic coverage. We are using the wide-field, multiobject spectroscopic capabilities of the Deep Multiobject Imaging Spectrograph to obtain 100-200+ confirmed cluster members in each field. Our survey has already discovered the Cl 1604 supercluster at z ≈ 0.9, a structure which contains at least eight groups and clusters and spans 13 Mpc × 100 Mpc. Here, we present the results on the large-scale environments of two additional clusters, Cl 0023+0423 at z = 0.84 and RX J1821.6+6827 at z = 0.82, which highlight the diversity of global properties at these redshifts. The optically selected Cl 0023+0423 is a four-way group-group merger with constituent groups having measured velocity dispersions between 206 and 479 km s^–1. The galaxy population is dominated by blue, star-forming galaxies, with 80% of the confirmed members showing [O II] emission. The strength of the Hδ line in a composite spectrum of 138 members indicates a substantial contribution from recent starbursts to the overall galaxy population. In contrast, the X-ray-selected RX J1821.6+6827 is a largely isolated, massive cluster with a measured velocity dispersion of 926 ± 77 km s^(–1). The cluster exhibits a well-defined red sequence with a large quiescent galaxy population. The results from these two targets, along with preliminary findings on other ORELSE clusters, suggest that optical selection may be more effective than X-ray surveys at detecting less-evolved, dynamically active systems at these redshifts

Motivational interviewing. A guideline developed for the Behavioral Health Recovery Management project.

A guideline providing introductory understanding of the basic principles of motivational interviewing (MI). MI should not be thought of as a programmed, point-by-point treatment approach, but as a diffuse style of clinical interaction employing four primary principles