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NORDEN v. STATE

CV 95-0002; CA A93331.

973 P.2d 910 (1999)

158 Or. App. 127

Dorothy NORDEN, Respondent, v. STATE of Oregon, acting by and through its Water Resources Department; and Tony Justus, Umatilla County Watermaster, Appellants, and Umatilla County, a political subdivision of the State of Oregon, Defendant.

Court of Appeals of Oregon.

Decided January 20, 1999.

Attorney(s) appearing for the Case

Richard D. Wasserman, Assistant Attorney General, argued the cause for appellants. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

George W. Kelly, Eugene, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

LANDAU, P.J.

The Water Resources Department (department) issued an order requiring petitioner Norden to obtain a water rights permit to use water from a spring on her property. The principal basis for the order was the department's finding that the water from the spring, if not diverted, would run off Norden's property, thereby triggering the need for a permit. Norden sought judicial review of the department's order, contending that the department erred in finding...

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