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WATERWATCH OF OREGON v. WATER RES. COM'N

WRC OAR 690-80-070; CA A49489.

776 P.2d 1307 (1989)

97 Or.App. 604

WATERWATCH OF OREGON, Inc., an Oregon Nonprofit Corporation, Petitioner, v. OREGON WATER RESOURCES COMMISSION, Respondent.

Court of Appeals of Oregon.

Decided July 26, 1989.

Attorney(s) appearing for the Case

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

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., and JOSEPH, C.J., and DEITS, J.

RICHARDSON, Presiding Judge.

Petitioner brings this proceeding under ORS 183.400 and contends that the Water Resources Commission's Umatilla River Basin Program, codified at OAR 690-80-070,1 conflicts with ORS 536.300(2) and, therefore, exceeds the commission's statutory authority. We hold that the rule is valid.

ORS 536.300(2) provides:

"Based upon said studies [required by ORS 536.300(1)] and after an opportunity to...

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