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DOHERTY v. OREGON WATER RESOURCES DIRECTOR

CA A40087.

758 P.2d 865 (1988)

92 Or.App. 22

William J. DOHERTY and Mary Doherty; Taylor Bros. Farms, Inc.; Boardman Farms, Inc.; and Frank Mader, Petitioners, v. OREGON WATER RESOURCES DIRECTOR and Oregon Water Resources Commission, Respondents.

Court of Appeals of Oregon.

Decided July 6, 1988.

Reconsideration Allowed and Opinion Clarified October 12, 1988.

Attorney(s) appearing for the Case

Larry A. Sullivan, Vale, argued the cause for petitioners. With him on the briefs was William F. Schroeder, Vale.

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

BUTTLER, Presiding Judge.

Petitioners challenge the Water Resources Director's1 amended order designating 274 square miles near Hermiston as a "critical ground water area," pursuant to ORS 537.735.2 The Director also divided the critical area into six subareas for management purposes and ordered that the withdrawal of water in the subareas be in accordance with the...

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