TEEL IRR. DIST. v. WATER RESOURCES DEPT.

93-0201; CA A81025.

898 P.2d 1344 (1995)

135 Or.App. 16

TEEL IRRIGATION DISTRICT, Respondent, v. The WATER RESOURCES DEPARTMENT for the State of Oregon and the Water Resources Commission for the State of Oregon, Appellants.

Court of Appeals of Oregon.

Decided June 21, 1995.


Attorney(s) appearing for the Case

John T. Bagg, Asst. Atty. Gen., argued the cause, for appellants. With him on the briefs were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

William Schroeder, Vale, argued the cause, for respondent. With him on the brief were Laura A. Schroeder and Schroeder Law Offices.

Reed D. Benson, Portland, filed a brief amicus curiae, for WaterWatch of Oregon, Inc.

Gail L. Achterman, Portland, filed a brief amicus curiae, for Oregon Water Resources Congress and Westland Irr. Dist.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.


WARREN, Presiding Judge.

The Water Resources Department and the Water Resources Commission (the department) appeal a circuit court judgment setting aside three orders that limit plaintiff Teel Irrigation District's (Teel) use of water under two water rights permits. ORS 183.484; ORS 183.500. We reverse, in part.

An overview of the law that governs water rights will provide a better understanding of our discussion...

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