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WATERWATCH v. WATER RESOURCES COMMISSION

A119779.

112 P.3d 443 (2005)

199 Or. App. 598

WATERWATCH OF OREGON, INC., an Oregon nonprofit corporation; Len Mathisen; Craig Lacy; Rebecca Bozarth; Audrey Simmons; Roger A. Bachman; Imperial River Company; Deschutes Canyon Fly Shop; Alder Creek Kayak Supply, Inc.; Oregon Natural Desert Association, an Oregon nonprofit corporation; Northwest Environmental Defense Center, an Oregon nonprofit corporation; Alliance for Responsible Land Use in Deschutes County, an Oregon nonprofit corporation; Oregon Trout, an Oregon nonprofit corporation; and Oregon Council of Trout Unlimited, an Oregon nonprofit corporation, Petitioners, v. WATER RESOURCES COMMISSION and Dan Thorndike, Chairperson, Water Resources Commission, Respondents.

Court of Appeals of Oregon.

Decided May 18, 2005.

Attorney(s) appearing for the Case

Karen A. Russell, Portland, argued the cause for petitioners. With her on the joint briefs was Christopher G. Winter, Portland.

Jas. Jeffrey Adams, Senior Assistant Attorney General, argued the cause for respondents. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before WOLLHEIM, Presiding Judge, and SCHUMAN, Judge, and DEITS, Judge pro tempore.

DEITS, J. pro tempore.

Petitioners seek review of two sets of rules that the Water Resources Commission (commission) adopted in September 2002. OAR 690-505-0400 to 690-505-0630; OAR 690-521-0100 to 690-521-0600. Those rules govern the commission's decision to grant groundwater permits in the Deschutes River Basin. One set of rules amended the Deschutes Basin Program, a water management and use program, to allow for the appropriation of groundwater in the basin and...

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