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CRANDALL v. WATER RESOURCES DEPT.

CA 12089; SC 27034.

626 P.2d 877 (1981)

290 Or. 771

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

Supreme Court of Oregon.

Decided March 31, 1981.

Attorney(s) appearing for the Case

Frank J. Van Dyke and H. Dewey Wilson, Medford, argued the cause for petitioners Rogue River Valley Irrigation District and Medford Irrigation District. With them on briefs were John L. DuBay and Douglass H. Schmor, Medford.

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

Respondent Water Resources Department made no appearance.

Before DENECKE, C.J., and TONGUE, LENT, LINDE, PETERSON and CAMPBELL, JJ.

CAMPBELL, Justice.

The director of Water Resources, upon the request of the Rogue River Valley Irrigation District and the Medford Irrigation District, commenced this proceeding under ORS 540.610 to 540.650 to cancel a water right from Little Butte Creek for power purposes at the Daley Flour Mill, also known as the Butte Creek Mill, at Eagle Point, Oregon. The water right is for the appropriation of not to exceed 40 cubic feet of water per second, with a priority...

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