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FORT KLAMATH CRITICAL HABITAT v. WOODCOCK

A181385.

557 P.3d 543 (2024)

334 Or. App. 509

FORT KLAMATH CRITICAL HABITAT LANDOWNERS, INC.; NBCC, LLC; Agri Water, LLC; Roger Nicholson; Goose Nest Ranches, LLC; Randall Kizer; Gerald H. Hawkins; Harlowe Ranch, LLC; and E. Martin Kerns, Petitioners-Appellants, v. Doug WOODCOCK, in his official capacity as the Oregon Water Resources Department Director; Tom Skiles, in his official capacity as District No. 17 Watermaster; Oregon Water Resources Department; and Lisa J. Jaramillo, in her official capacity as Transfer and Conservation Section Manager, for Thomas Byler, Director, Oregon Water Resources Department, Defendants-Respondents, and Thomas Family Limited Partnership, Intervenor-Respondent.

Court of Appeals of Oregon.

August 28, 2024.

Attorney(s) appearing for the Case

Dominic M. Carollo argued the cause for appellants. Also on the briefs were Nolan G. Smith and Carollo Law Group.

Inge D. Wells, Assistant Attorney General, Eugene, argued the cause for respondents. Also on the brief were Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Brad Mullen, Certified Law Student.

Merissa A. Moeller, Portland, argued the cause for intervenor-respondent. Also on the brief were Kirk B. Maag and Stoel Rives LLP.

Before Egan, Presiding Judge, Kamins, Judge, and Walters, Senior Judge.

Petitioners, the Fort Klamath Critical Habitat Landowners, et al., challenge an order of the Oregon Water Resources Department (OWRD) in other than a contested case, which the Marion County Circuit Court affirmed on judicial review, approving a temporary transfer of water rights by intervenor, the Thomas Family Limited Partnership...

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