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BENZ v. WATER RESOURCES COMMISSION

WRC 65587, R-68108; CA A44699.

764 P.2d 594 (1988)

94 Or.App. 73

Margaret E. BENZ and George U. Benz, Petitioners, v. WATER RESOURCES COMMISSION, Water Resources Department, and Lemmie O. Rockford, Respondents.

Court of Appeals of Oregon.

Decided November 23, 1988.

Attorney(s) appearing for the Case

William H. Holmes, Portland, argued the cause for petitioners. With him on the briefs was Stoel, Rives, Boley, Jones & Grey, Portland.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondents Water Resources Com'n and Water Resources Dept. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

John A. Berge, Bend, argued the cause for respondent Lemmie O. Rockford. With him on the brief was Gray, Fancher, Holmes & Hurley, Bend.

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

BUTTLER, Presiding Judge.

Petitioners seek review of an order of the Water Resources Commission approving applications for the diversion of water from Kelly Creek, Tandy Creek and an unnamed drainageway in Lake County by respondent Rockford, for irrigation, greenhouse use and soil leaching (Application No. 65587) and the construction of a reservoir to impound water for greenhouse use and field irrigation (Application No. R-68108).1 We...

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