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DOHERTY v. WATER RESOURCES DIRECTOR

CA A40087; SC S35460.

783 P.2d 519 (1989)

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

Supreme Court of Oregon, In Banc.

Decided November 30, 1989.

Attorney(s) appearing for the Case

Larry A. Sullivan, Vale, argued the cause for petitioners on review. With him on the petition was W.F. Schroeder, Vale.

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

FADELEY, Justice.

This is a judicial review of the state Water Resources Director's amended order, entered in 1986, declaring 274 square miles in Umatilla and Morrow counties a critical ground water area. Several agricultural irrigators challenge the order which can lead to controls on volume of water pumped from area wells. The Court of Appeals upheld the declaration of the Butter Creek Critical Ground Water Area with subareas, as well as the order that no new applications...

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