TALENT IRRIGATION DISTRICT v. EMPLOYMENT DIV.


534 P.2d 199 (1975)

TALENT IRRIGATION DISTRICT, Petitioner, v. EMPLOYMENT DIVISION, Ross Morgan, Administrator, Respondent.

Court of Appeals of Oregon.

Decided April 14, 1975.

Rehearing Denied June 11, 1975.

Review Denied June 24, 1975.


Attorney(s) appearing for the Case

Fred J. Amundson, Medford, and William Ganong, Jr., Klamath Falls, argued the cause for petitioner. On the brief were Blackhurst, Hornecker & Hassen and Fred J. Amundson, Medford.

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Henigson, Stunz & Fonda and Stephen B. Fonda, Nyssa, filed a brief amicus curiae.

Panner, Johnson, Marceau & Karnopp, C. Montee Kennedy, Lyman C. Johnson and Owen M. Panner, Bend, filed a brief amicus curiae on behalf of North Unit Irrigation District and Tumalo Irrigation District.

Before LANGTRY, P.J., and FOLEY and LEE, JJ.


LANGTRY, Presiding Judge.

This is a companion appeal to Klamath Irr. Dist. v. Employ. Div., Or. App., 534 P.2d 190 (1975), decided pursuant to the same law. With the exception of the exact percentage of its total water that the respective irrigation districts deliver for nonfarm purposes, the essential facts are the same. Summarizing the facts found by the referee, it appears that between 90 and 95 percent of all of the water the...

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