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BRIDGE CREEK RANCH v. OREGON WATER RES.

A180610.

541 P.3d 920 (2023)

329 Or. App. 568

BRIDGE CREEK RANCH, LLC, Relator-Respondent, v. OREGON WATER RESOURCES DEPARTMENT and Doug Woodcock, Director of Oregon Water Resources Department, Defendants-Appellants.

Court of Appeals of Oregon.

December 20, 2023.

Attorney(s) appearing for the Case

Denise Fjordbeck , Assistant Attorney General, Salem, argued the cause and filed the brief for appellants. Also on the briefs were Ellen Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Sara Kobak , Portland, argued the cause and filed the brief for respondent. Also on the brief were Elizabeth E. Howard , and Schwabe Williamson & Wyatt PC.

Steven L. Shropshire and Jordan Ramis PC, Lake Oswego, filed brief amicus curiae for Oregon Farm Bureau Federation and Oregon Association of Nurseries.

Olivier Jamin and Davis Wright Tremaine LLP, Portland, filed the brief amicus curiae for Oregon Water Utility Counsel, League of Oregon Cities, and Special Districts Association of Oregon.

Andrew R. Missel and Brian Posewitz filed the brief amicus curiae for WaterWatch of Oregon.

Before Tookey, Presiding Judge, and Egan, Judge, and Kistler, Senior Judge.

The Oregon Water Resources Department (the OWRD) and its director (defendants) appeal from a judgment in this mandamus action under ORS 34.105 to 34.250 directing the OWRD to consider an application by relator Bridge Creek Ranch, LLC (relator) for a change in the "point of diversion" (POD) of water from a creek that serves as a source...

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