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MAAG v. ORCHARDS WATER, CO.

90-07-23, 664E; CA A74127.

865 P.2d 500 (1993)

125 Or. App. 539

Doug MAAG, Warner Maag, Bob Maag, Emil Maag and Joe Arriola, Respondents, v. ORCHARDS WATER COMPANY, Appellant, and State of Oregon Water Resources Department, Respondent.

Court of Appeals of Oregon.

Decided December 22, 1993.

Reconsideration Denied February 16, 1994.

Attorney(s) appearing for the Case

Stephen M. Bloom, Pendleton, argued the cause, for appellant. With him on the briefs was Kottkamp & O'Rourke.

Larry A. Sullivan, Vale, argued the cause, for respondents Doug Maag, Warner Maag, Bob Maag, Emil Maag and Joe Arriola. With him on the brief was Sullivan & Powell.

John T. Bagg, Asst. Atty. Gen., argued the cause, for respondent Water Resources Dept. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

LEESON, Judge.

In this case, plaintiffs seek a declaration that their water rights to Willow Creek are superior to those of Orchards Water Company (defendant).1 Defendant counterclaims, seeking declaratory relief limiting plaintiffs' duty of water. The trial court granted only plaintiffs' requested declaration. Defendant appeals, assigning error to the grant of plaintiffs' request for a declaratory...

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