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WILLAMETTE WATER v. WATERWATCH OF OREGON

A157428.

407 P.3d 923 (2017)

288 Or.App. 778

WILLAMETTE WATER CO., an Oregon corporation, Petitioner, v. WATERWATCH OF OREGON, INC., an Oregon nonprofit corporation; and Oregon Water Resources Commission, Respondents.

Court of Appeals of Oregon.

November 15, 2017.

Attorney(s) appearing for the Case

Alan M. Sorem argued the cause for petitioner. With him on the opening brief was Saalfeld Griggs PC. With him on the reply brief were Stephanie L. Schuyler and Saalfeld Griggs PC.

Lisa A. Brown , Portland, argued the cause and filed the briefs for respondent WaterWatch of Oregon, Inc.

Denise G. Fjordbeck , Assistant Attorney General, Salem, argued the cause for respondent Oregon Water Resources Commission. With her on the briefs were Ellen F. Rosenblum , Attorney General, and Paul L. Smith , Deputy Solicitor General.

Before Ortega, Presiding Judge, and Egan, Judge, and Lagesen, Judge.

Petitioner Willamette Water Co. (company) petitions for judicial review of a final order of the Water Resources Commission (commission). In that order, the commission denied the company's application under ORS 537.130 for a permit to divert 34.0 cubic feet per second (cfs) of water from the McKenzie River for a quasimunicipal use. The...

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