SEATTLE — A case challenging the state’s authority to parcel out more water in rural areas where water is already scarce in the summer will be heard at the state Supreme Court.

The state Court of Appeals Division I sent the case to the higher court on Wednesday.

In the case, the Swinomish Indian Tribal Community asserts that the state Department of Ecology made more water available for new uses when it made a 2006 agreement with Skagit County to allow limited residential construction in rural areas that require a well.

A Thurston County Superior Court judge sided with Ecology in 2010. The tribe then took its fight to the Court of Appeals. Oral arguments before the state Supreme Court could be heard several months from now.

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