WATERWATCH OF OREGON, INC. v. WATER RESOURCES

Nos. S42117; A147071.

316 P.3d 330 (2013)

259 Or. App. 717

WATERWATCH OF OREGON, INC., an Oregon nonprofit corporation, Petitioner, v. WATER RESOURCES DEPARTMENT, a state agency; Oregon Water Resources Commission, a state agency; and The City of Cottage Grove, an Oregon municipal corporation, Respondents.

Court of Appeals of Oregon.

Decided December 11, 2013.


Attorney(s) appearing for the Case

Lisa A. Brown argued the cause and filed the briefs for petitioner.

Inge D. Wells , Senior Assistant Attorney General, argued the cause for respondents Water Resources Department and Oregon Water Resources Commission. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Sean D. Kelly , Cottage Grove, argued the cause for respondent The City of Cottage Grove. With him on the brief was Martin M. Fisher.

Richard M. Glick , Michael J. Gelardi , and Davis Wright Tremaine LLP filed the brief amici curiae for Oregon Water Utilities Council and The League of Oregon Cities.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge pro tempore.


ARMSTRONG, P.J.

Petitioner WaterWatch of Oregon, Inc., seeks judicial review of a final order in a contested case in which the Water Resources Department (the department) granted the City of Cottage Grove (Cottage Grove or the city) an extension of time to perfect its water rights under a permit first issued in 1977. Petitioner contends that the department erroneously interpreted ORS 537.230(2)1 by

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