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HEALTH DIVISION v. AVION WATER CO.

567 P.2d 1052 (1977)

30 Or.App. 609

HEALTH DIVISION of the State of Oregon, Respondent, v. AVION WATER COMPANY, an Oregon Corporation, Petitioner.

Court of Appeals of Oregon.

Decided August 17, 1977.

Attorney(s) appearing for the Case

Vernon W. Robinson, Bend, argued the cause and filed the brief for petitioner.

Al J. Laue, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

JOHNSON, Judge.

Petitioner, Avion Water Company, is a public utility water system supplying water to Romaine Village, a mobile home subdivision south of Bend, Oregon. The State Board of Health approved in 1970 Avion's plans for the construction of three wells to supply the subdivision. The wells were drilled at sites Nos. 1, 2 and 3 and one of the wells at site No. 3 was placed in service in 1972. At that time there was approximately 100 homes receiving water service...

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