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PETE'S MOUNTAIN HOMEOWNERS v. WATER DEPT.

CV07100740; A138923.

238 P.3d 395 (2010)

236 Or. App. 507

PETE'S MOUNTAIN HOMEOWNERS ASSOCIATION, an Oregon nonprofit corporation; Reynold Watt; Barbara Watt; Dave Krevanko; Terri Krevanko; Don Blair; Mary Blair; Tom Bray; Jeri Bray; David Knox; Janice Knox; Les de Asis; Roberta de Asis; Ron Cafferky; Anita Cafferky; and Laura Kelly, Petitioners-Appellants, v. OREGON WATER RESOURCES DEPARTMENT, an agency of the State of Oregon; Phillip C. Ward, Director, acting in his personal capacity; and Oregon Water Resources Commission, Respondents-Respondents, and Pete's Mountain Water Co., Inc., an Oregon corporation, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided August 11, 2010.

Attorney(s) appearing for the Case

Jay W. Beattie, Portland, argued the cause for appellants. On the opening brief was Peter D. Mohr. On the reply brief were Jay W. Beattie and Lindsay, Hart, Neil & Weigler, LLP.

Anna M. Joyce, Assistant Attorney General, argued the cause for respondents Oregon Water Resources Department, Phillip C. Ward, and Oregon Water Resources Commission. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

James M. Finn, Portland, argued the cause for respondent Pete's Mountain Water Co., Inc. With him on the brief were Martha O. Pagel, Sara Kobak, and Schwabe, Williamson, & Wyatt, P.C.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

In this water rights case, the Oregon Water Resources Department (the department) approved an application of Pete's Mountain Water Co., Inc. (the water company), to amend a water right permit. Petitioners, a neighborhood association and a number of local area residents, filed a petition for judicial review of an order in other than a contested case. The water company intervened and moved to dismiss for want of statutory standing, arguing that, under ORS...

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