FORT VANNOY IRRIGATION DISTRICT and Herman Baertschiger, Jr., Respondents on Review,
v.
WATER RESOURCES COMMISSION and Ken-Wal Farms, Inc., aka Fort Vannoy Farms, Inc., Petitioners on Review.
Supreme Court of Oregon, En Banc.https://leagle.com/images/logo.png
Argued and Submitted May 13, 2008.
Decided July 10, 2008.
Attorney(s) appearing for the Case
Ross Day, Oregonians in Action Legal Center, Tigard, argued the cause and filed the briefs for petitioner on review Ken-Wal Farms, Inc.
Denise G. Fjordbeck, Assistant Attorney General, Salem, argued the cause for petitioner on review Water Resources Commission. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Emil R. Berg, Greener Burke Shoemaker PA, Boise, Idaho, argued the cause for respondents on review Fort Vannoy Irrigation District and Herman Baertschiger, Jr. With him on the brief was Ronald S. Yockim, Roseburg.
Joseph H. Hobson, Jr., Ritter Hosbon LLC, Salem, filed a brief on behalf of amicus curiae Oregon Farm Bureau Federation.
Michael W. Peterkin, Peterkin & Associates, Bend, filed a brief on behalf of amicus curiae Water for Life, Inc.
Douglas W. MacDougal, Schwabe Williamson & Wyatt PC, Portland, and Steven L. Shropshire, Jordan Schrader Ramis PC, Portland, filed a brief on behalf of amicus curiae Oregon Water Resources Congress.
David E. Filippi and Heath A. Curtiss, Stoel Rives LLP, Portland, filed a brief on behalf of amici curiae Arnold Irrigation District, Central Oregon Irrigation District, Swalley Irrigation District, and Tumalo Irrigation District.
Supreme Court of Oregon, En Banc.
DE MUNIZ, C.J.
This case arises from a dispute over an application filed by petitioner Ken-Wal Farms, Inc. (Ken-Wal) to change the points of diversion associated with water rights set forth in two water right certificates (8942 and 8943) that were issued in 1930 to the Fort Vannoy Irrigation District (district), of which Ken-Wal is a member. The issue on review is whether Ken-Wal is the "holder of any water use subject to...
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