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WATERWATCH OF OREGON v. WATER RES. COM'N

WRC OAR 690-80-060; CA A51221.

774 P.2d 1118 (1989)

97 Or.App. 1

WATERWATCH OF OREGON, Inc., an Oregon Nonprofit Corporation, Petitioner, Oregon Trout, Inc., an Oregon Nonprofit Corporation; Izaak Walton League of America, Inc., Oregon Division, an Oregon Nonprofit Corporation; and Association of Northwest Steelheaders, Inc., an Oregon Nonprofit Corporation, Intervenors, v. OREGON WATER RESOURCES COMMISSION, Respondent.

Court of Appeals of Oregon.

Decided May 31, 1989.

Attorney(s) appearing for the Case

Bill Kloos, Eugene, argued the cause for petitioner. With him on the brief was Johnson & Kloos, Eugene.

Intervenors joined in petitioner's brief.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

RICHARDSON, Presiding Judge.

Petitioner1 challenges the validity of the Water Resources Commission's temporary rule amending OAR 690-80-060(5)(c). ORS 183.400. It contends, inter alia, that the rule was adopted without sufficient findings of prejudice and without a sufficient statement of need to support the adoption of a temporary rule under ORS 183.335(5)(a) and (c).2 We hold that the rule is invalid...

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