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CRANDALL v. WATER RESOURCES DEPT.

CA No. 12089.

609 P.2d 844 (1980)

45 Or.App. 791

Peter B. CRANDALL and Cora D. Crandall, Appellants, v. WATER RESOURCES DEPARTMENT OF THE STATE OF OREGON, James E. Sexson, Director, Rogue River Valley Irrigation District, and Medford Irrigation District, Respondents.

Court of Appeals of Oregon.

Decided April 14, 1980.

Attorney(s) appearing for the Case

William H. Ferguson, Medford, argued the cause for appellants. With him on the briefs was Grant, Ferguson & Carter, Medford.

Al J. Laue, Asst. Atty. Gen., argued the cause for respondent Water Resources Department. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Frank J. Van Dyke and John L. DuBay, Medford, argued the cause and filed the brief for respondents Rogue River Valley Irrigation District and Medford Irrigation District.

Before JOSEPH, P.J., and RICHARDSON, J., and SCHWAB, C.J.

JOSEPH, Presiding Judge.

Petitioners appeal from the cancellation by the Director of the Water Resources Department of a water right certificate which had a priority date of 1872 and which authorized the use of up to 40 cubic feet of water per second for power generation purposes. The Department's order also directed that a new certificate be issued in lieu of the cancelled one, which was to be "subsequent in priority to all existing rights" and which authorized the...

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