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HENNINGS v. WATER RESOURCES DEPT.

No. PC 79-4; CA 18201.

622 P.2d 333 (1981)

50 Or.App. 121

Grace G. HENNINGS, Petitioner, v. WATER RESOURCES DEPARTMENT, James E. Sexson, Director, Respondents.

Court of Appeals of Oregon.

Decided January 19, 1981.

Attorney(s) appearing for the Case

Roderick L. Johnson, Corvallis, argued the cause for petitioner. With him on the brief was Thomas & Johnson, Corvallis.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

CAMPBELL, Judge.

This is an appeal from an order of the Department of Water Resources cancelling a water right which authorized use of water from the South Fork of the Alsea River for irrigation of several parcels of land. The Department cancelled the water right pursuant to ORS 540.610(1) which requires a presumption of abandonment from nonuse of the right for any period of five successive years. We affirm.

Petitioner...

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