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KERIVAN v. WATER RESOURCES COMMISSION

00-CV-0225; A112936.

72 P.3d 659 (2003)

188 Or. App. 491

Robert E. KERIVAN, Gerald Summers, Dan McLeod, Clayton W. Fincher, Paul Simon, Craig McIntosh, Russell P. Berard, and Daniel Somers, Appellants, v. WATER RESOURCES COMMISSION and Water Resources Department, Respondents.

Court of Appeals of Oregon.

Decided July 9, 2003.

Attorney(s) appearing for the Case

Christopher L. Cauble, Grants Pass, argued the cause for appellants. With him on the briefs was Schultz, Salisbury, Cauble & Dole.

Jas Jeffrey Adams, Salem, argued the cause for respondents. On the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and KISTLER, Judge.

DEITS, C.J.

Petitioners hold water rights in Sucker Creek in Josephine County. In September 1999, petitioners requested that respondent Water Resources Department (department) initiate forfeiture proceedings for the purpose of cancelling other, more senior water rights to Sucker Creek on the basis of nonuse. The department refused to initiate such proceedings. Petitioners then filed a petition in circuit court pursuant to ORS 183.490 to compel the department to act...

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