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EAST VALLEY WATER v. OREGON WATER RESOURCES

A173292.

539 P.3d 789 (2023)

328 Or. App. 790

In the Matter of Water Right Application R-87871 in the Name of EAST VALLEY WATER DISTRICT, Petitioner, v. OREGON WATER RESOURCES COMMISSION, Oregon Water Resources Department, and WaterWatch of Oregon, Inc., Respondents, and Joel Rue et al., Protestants below.

Court of Appeals of Oregon.

November 1, 2023.

Attorney(s) appearing for the Case

Crystal S. Chase , Portland, argued the cause for petitioner. Also on the briefs were Stoel Rives LLP and Kirk B. Maag .

Denise G. Fjordbeck , Salem, Assistant Attorney General, argued the cause for respondents Oregon Water Resources Commission and Oregon Water Resources Department. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Thomas M. Christ argued the cause for respondent WaterWatch of Oregon, Inc. Also on the briefs were Brian J. Posewitz and Sussman Shank LLP.

Before Shorr, Presiding Judge, and Mooney, Judge, and Pagán, Judge.

Petitioner East Valley Water District (district) petitions for judicial review of a final order of the Oregon Water Resources Commission (commission). In that order, the commission denied the district's application for a permit that would allow storage in a reservoir of 12,000 acre-feet of water annually from Drift Creek, which is a...

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