Kenneth L. EVANS, John R. Gardner, Carl Sheedy, Alva D. Conlee, Jessie V. McKay and Frank R. Beaver, Petitioners,
v.
WATER RESOURCES DEPARTMENT, Ansel J. Krutsinger, Teresa L. Krutsinger, Frederick Gardner, Vyvyan Gardner, Danny Ellison, Janice Ellison, Mr. Donald Merrell and Mrs. Donald Merrell, Respondents.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted February 14, 1992.
Decided October 14, 1992.
Reconsideration Denied December 9, 1992.
Attorney(s) appearing for the Case
Roy Kilpatrick, Mt. Vernon, argued the cause for petitioners. With him on the briefs was Kilpatricks, Mt. Vernon.
John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondent Water Resources Dept. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.
Gregory P. Lynch, Bend, argued the cause for respondents Ansel J. Krutsinger, Teresa L. Krutsinger, Frederick Gardner, Vyvyan Gardner, Danny Ellison, Janice Ellison, Mr. Donald Merrell and Mrs. Donald Merrell. With him on the brief was Gray, Fancher, Holmes, Hurley, Bryant & Lovlien, Bend.
Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.
Court of Appeals of Oregon.
DEITS, Judge.
Petitioners seek review of an order of the director of the Water Resources Department denying petitioners' request that a water right of the individual respondents1 be canceled for nonuse. ORS 540.610. The director had withdrawn an earlier order that had cancelled the right. Petitioners challenge the evidentiary support for the director's findings and assert that the first order was correct. We conclude that all of the findings...
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