TPC, LLC v. OREGON WATER RESOURCES DEPT.

A167380.

482 P.3d 121 (2020)

308 Or. App. 177

TPC, LLC, an Oregon limited liability company, Petitioner, and Taylor A. Hyde and John L. Hyde, as General Partners of the Hyde Family Limited Partnership, Petitioners-Respondents, v. OREGON WATER RESOURCES DEPARTMENT and Danette Watson, in her official capacity as District #17 Watermaster, Respondents-Respondents, and Klamath Tribes, Intervenor-Appellant. TPC, LLC, an Oregon limited liability company, Petitioner, and Taylor A. Hyde and John L. Hyde, as General Partners of the Hyde Family Limited Partnership, Petitioners-Respondents, v. Oregon Water Resources Department and Danette Watson, in her official capacity as District #17 Watermaster, Respondents-Appellants, and Klamath Tribes, Intervenor.

Court of Appeals of Oregon.

December 30, 2020.


Attorney(s) appearing for the Case

Edmund Clay Goodman , Portland, argued the cause for appellant Klamath Tribes. Also on the briefs was Hobbs Straus Dean & Walker LLP.

Dominic M. Carollo argued the case for respondents John L. Hyde and Taylor A. Hyde. Also on the brief were Nathan Ratliff and Yockim Carollo LLP.

Carson L. Whitehead , Assistant Attorney General, argued the cause for respondents Oregon Water Resources Department and Danette Watson. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Carson L. Whitehead , Assistant Attorney General, argued the cause for appellants Oregon Water Resources Department and Danette Watson. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Dominic M. Carollo argued the case for respondents John L. Hyde and Taylor A. Hyde. Also on the brief were Nathan Ratliff and Yockim Carollo LLP.

James A. Maysonett argued the cause on behalf of amicus curiae United States. Also on the brief were Billy J. Williams , Kelly Zusman, Jeffrey Bossert Clark , and Eric Grant .

Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge.


This case involves final orders issued in 2016 and 2017 by an Oregon Water Resources Department (OWRD) watermaster1 which curtailed petitioners'2 use of their surface water right in the Williamson River, which is located in the Klamath Basin, in favor of senior water rights...

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