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RUSSELL-SMITH v. WATER RESOURCES DEPT.

PC 96-5; CA A95766.

952 P.2d 104 (1998)

152 Or. App. 88

Joann RUSSELL-SMITH, Petitioner, v. WATER RESOURCES DEPARTMENT, Cecil Wade, Myra Wade, Dennis Bangs and Zeoleate Bangs, Respondents.

Court of Appeals of Oregon.

Decided January 7, 1998.

Attorney(s) appearing for the Case

Charles F. Lee argued the cause for petitioner. With him on the brief was Lee & Kaser, P.C.

Jas. Adams, Assistant Attorney General, argued the cause for respondent Water Resources Department. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Doyle Schiffman, Roseburg, argued the cause and filed the brief for respondents Dennis Bangs and Zeoleate Bangs.

No appearance for respondents Cecil Wade and Myra Wade.

Before De MUNIZ, P.J., DEITS, C.J., and HASELTON, J.

HASELTON, Judge.

Petitioner seeks review of a final order of the Director of the Water Resources Department dismissing a proceeding to cancel the individual respondents' water right on the basis of non-use. ORS 540.610(1). The dispositive question is whether a holder of a water right who (1) takes water from the authorized source but (2) does so from an unauthorized point of diversion has "fail[ed] to use all or part of the water appropriated," triggering forfeiture...

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