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WATER RESOURCES DEPT. v. CITY OF KLAMATH FALLS

No. 81-914-1; CA A26792.

682 P.2d 779 (1984)

68 Or.App. 148

STATE OF OREGON, By and through the WATER RESOURCES Department, Appellant, v. CITY OF KLAMATH FALLS, Oregon, Respondent, and Citizens for Responsible Geothermal Development, Inc., Intervenor-Respondent.

Court of Appeals of Oregon.

Decided May 9, 1984.

Reconsideration Denied July 13, 1984.

Attorney(s) appearing for the Case

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Robert D. Boivin, Klamath Falls, argued the cause for respondent City of Klamath Falls. With him on the brief was Boivin & Boivin, P.C., Klamath Falls.

J. Michael Alexander, Salem, argued the cause for respondent Citizens for Responsible Geothermal Development, Inc. With him on the brief was Burt, Swanson, Lathen, Alexander & McCann, Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

The State of Oregon, on behalf of the Water Resources Department, brought this action seeking a declaratory judgment that the City of Klamath Falls' Ordinance No. 6343 is invalid, because the state has preempted the field of regulation of ground water use. The trial court granted defendant-intervenor's motion for summary judgment on the preemption claim and denied the state's cross-motion. The state appeals from a judgment entered in favor...

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