STAATS v. NEWMAN

(PC 97-13; CA A102142)

988 P.2d 439 (1999)

164 Or. App. 18

William STAATS and Margaret Staats, Trustees of the William and Margaret Staats Living Trust, and Mary Frederickson, Petitioners, v. Benise NEWMAN, Robert E. Whittier, Todd Bezona, Valarie Adams, and Water Resources Commission, Respondents.

Court of Appeals of Oregon.

Decided November 3, 1999.


Attorney(s) appearing for the Case

John D. Sorlie, Bend, argued the cause for petitioners. With him on the brief was Bryant, Lovlien & Jarvis.

John T. Bagg, Assistant Attorney General, argued the cause for respondent Water Resources Commission. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

No appearance for respondents Benise Newman, Robert E. Whittier, Todd Bezona, and Valarie Adams.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.


LANDAU, P.J.

Petitioners seek review of a final order of the Water Resources Department (department) revoking certain of their water rights on the ground that the rights had not been used for at least five years. They contend that the department erred in applying an incorrect standard of proof and in finding that they had not used their water rights. We affirm.

The relevant facts are not in dispute. Petitioners own a ranch and associated water rights allowing...

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