WATERWATCH OF OREGON v. WATER RES. DEP'T

A169652 (Control) A169651 A169650.

527 P.3d 1 (2023)

324 Or. App. 362

WATERWATCH OF OREGON, INC., an Oregon nonprofit corporation, Petitioner, v. WATER RESOURCES DEPARTMENT, a state agency; Water Resources Commission, a state agency; South Fork Water Board, an Oregon municipal corporation; City of Tigard, an Oregon municipal corporation; North Clackamas County Water Commission, an Oregon municipal corporation; Sunrise Water Authority, an Oregon municipal corporation; and City of Lake Oswego, an Oregon municipal corporation, Respondents. WaterWatch of Oregon, Inc., an Oregon nonprofit corporation, Petitioner, v. Water Resources Department, a state agency; Water Resources Commission, a state agency; North Clackamas County Water Commission, an Oregon municipal corporation; Sunrise Water Authority, an Oregon municipal corporation; City of Tigard, an Oregon municipal corporation; City of Lake Oswego, an Oregon municipal corporation; and South Fork Water Board, an Oregon municipal corporation, Respondents. WaterWatch of Oregon, Inc., an Oregon nonprofit corporation, Petitioner, v. Water Resources Department, a state agency; Water Resources Commission, a state agency; City of Lake Oswego, an Oregon municipal corporation; City of Tigard, an Oregon municipal corporation; North Clackamas County Water Commission, an Oregon municipal corporation; Sunrise Water Authority, an Oregon municipal corporation; and South Fork Water Board, an Oregon municipal corporation, Respondents.

Court of Appeals of Oregon.

March 1, 2023.


Attorney(s) appearing for the Case

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

Phillip M. Bender argued the cause for respondents City of Lake Oswego, City of Tigard, North Clackamas County Water Commission, and Sunrise Water Authority. Also on the brief were Jeffery W. Ring , Mark P. Strandberg , and Ring Bender LLP.

Inge D. Wells , Eugene, argued the cause for respondents Oregon Water Resources Department and Oregon Water Resources Commission. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Christopher D. Crean , Portland, argued the cause and filed the brief for respondent South Fork Water Board. Also on the brief was Beery, Elsner & Hammond, LLP.

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


This water rights case is before us a second time after our remand to the Oregon Water Resources Department (OWRD or the department) in WaterWatch of Oregon v. Water Resources Dept., 268 Or.App. 187, 342 P.3d 712 (2014) (WaterWatch I). In WaterWatch...

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