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CRUMPTON v. DEPARTMENT OF WATER RESOURCES

559 P.2d 927 (1977)

28 Or.App. 423

Joe A. CRUMPTON and Leona Crumpton, Petitioners, v. DEPARTMENT OF WATER RESOURCES, Respondent.

Court of Appeals of Oregon.

Decided February 8, 1977.

Attorney(s) appearing for the Case

Gary L. Hill, Roseburg, argued the cause for petitioners. With him on the brief was Slocum & Poole, Roseburg.

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and TANZER, JJ.

TANZER, Judge.

This is an appeal from an order of the Department of Water Resources cancelling a water right dating from 1910 for appropriation from Elk Creek, a tributary of the South Umpqua River, for the irrigation of what has since been divided into several parcels of land, three of which are here in issue.

The Department cancelled the water right as to the first parcel and for 5.2 acres of the second parcel pursuant to ORS 540.610(1),

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