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FORT VANNOY IRR. v. WATER RESOURCES COMM.

T8366; A130508.

162 P.3d 1066 (2007)

214 Or. App. 88

FORT VANNOY IRRIGATION DISTRICT and Herman Baertschiger, Jr., Petitioners, v. WATER RESOURCES COMMISSION and Ken-Wal Farms, Inc., aka Fort Vannoy Farms, Inc., Respondents.

Court of Appeals of Oregon.

Decided July 11, 2007.

Attorney(s) appearing for the Case

Emil R. Berg argued the cause and filed the briefs for petitioners.

Denise G. Fjordbeck argued the cause for respondent Water Resources Commission. With her on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Brendan C. Dunn, Assistant Attorney General.

Ross Day, Portland, argued the cause for respondent Ken-Wal Farms, Inc. With him on the brief was Oregonians In Action Legal Center.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

ARMSTRONG, J.

This is a petition for review of a final order of the Water Resources Commission (the commission) upholding the Water Resources Department's approval of the application of Ken-Wal Farms, Inc. (applicant). Applicant sought to modify the water rights of five water rights certificates for irrigation of applicant's farm from the Rogue River and its tributaries by consolidating seven points of water diversion within the Fort Vannoy Irrigation District (the...

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