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HANNIGAN v. HINTON

G-60251; A117147.

97 P.3d 1256 (2004)

195 Or. App. 345

Frank HANNIGAN and Dorothy Hannigan, Petitioners, v. Patricia HINTON, David Hinton and Department of Water Resources, Respondents.

Court of Appeals of Oregon.

Decided September 15, 2004.

Attorney(s) appearing for the Case

A.J. Schmeits argued the cause for petitioners. With him on the briefs was Silven, Schmeits & Vaughan, Baker City.

Denise G. Fjordbeck, Salem, argued the cause for respondent Department of Water Resources. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

No appearance for respondents David Hinton and Patricia Hinton.

Richard M. Stephens and Groen Stephens & Klinge LLP, Bellevue, WA, filed the brief amicus curiae for Eastern Oregon Mining Association.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

ORTEGA, J.

Petitioners seek review of a final order of the Director of the Oregon Water Resources Department (the director) cancelling petitioners' water rights on the basis of nonuse. Three questions are before us: (1) whether water rights for mining may be lost by forfeiture under ORS 540.610, or may be lost only by application of a common-law abandonment theory, as argued by petitioners; (2) whether use of water at a place different from that designated on the...

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