WATERWATCH OF OREGON v. WATER RES. DEPT.

S32410, S37839, S46120, S35297, S43170, S3778, S9982, S22581; A148870, A148872, A148874.

342 P.3d 712 (2014)

268 Or. App. 187

WATERWATCH OF OREGON, INC., an Oregon nonprofit corporation, Petitioner, v. WATER RESOURCES DEPARTMENT, a state agency; Water Resources Commission, a state agency; City of Lake Oswego, an Oregon municipal corporation; City of Tigard, an Oregon municipal corporation; North Clackamas County Water Commission, an Oregon municipal corporation; Sunrise Water Authority, an Oregon municipal corporation; and South Fork Water Board, an Oregon municipal corporation, Respondents. Waterwatch of Oregon, Inc., an Oregon nonprofit corporation, Petitioner, v. Water Resources Department, a state agency; Water Resources Commission, a state agency; North Clackamas County Water Commission, an Oregon municipal corporation; Sunrise Water Authority, an Oregon municipal corporation; City of Tigard, an Oregon municipal corporation; City of Lake Oswego, an Oregon municipal corporation; and South Fork Water Board, an Oregon municipal corporation, Respondents. Waterwatch of Oregon, Inc., an Oregon nonprofit corporation, Petitioner, v. Water Resources Department, a state agency; Water Resources Commission, a state agency; South Fork Water Board, an Oregon municipal corporation; City of Tigard, an Oregon municipal corporation; North Clackamas County Water Commission, an Oregon municipal corporation; Sunrise Water Authority, an Oregon municipal corporation; and City of Lake Oswego, an Oregon municipal corporation, Respondents.

Court of Appeals of Oregon.

Decided December 31, 2014.


Attorney(s) appearing for the Case

Lisa A. Brown argued the cause for petitioner. With her on the briefs was Brad P. Hill.

J.W. Ring , Portland, argued the cause for respondents City of Lake Oswego, North Clackamas County Water Commission, Sunrise Water Authority, and City of Tigard. With him on the brief was Christine L. Hein , Mark P. Strandberg , and Wren Bender McKown & Ring, LLLP.

Christopher D. Crean , Portland, argued the cause for respondent South Fork Water Board. With him on the brief were Chad A. Jacobs and Beery, Elsner & Hammond, LLP.

Denise G. Fjordbeck , Senior Assistant Attorney General, argued the cause for respondents Oregon Water Resources Department and Oregon Water Resources Commission. On the brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Erin C. Lagesen , Assistant Attorney General.

Richard M. Glick , Michael J. Gelardi , and Davis Wright Tremaine LLP, filed an amici curiae brief for Oregon Water Utilities Council and The League of Oregon Cities.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.


Petitioner Water Watch of Oregon, Inc. seeks judicial review of three separate final orders issued in contested cases by the Water Resources Department (the department) that were decided based on a consolidated record, and which we have consolidated for purposes of argument and opinion. In those three orders, the department granted...

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