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VANDERZANDEN v. SEXSON

555 P.2d 946 (1976)

27 Or.App. 139

Edward H. VANDERZANDEN et al., Appellants, v. James E. SEXSON, Director, Water Resources Department of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided November 1, 1976.

Attorney(s) appearing for the Case

Thomas J. Moore, Hillsboro, argued the cause for appellants. With him on the brief were Brink, Moore, Brink & Peterson, Hillsboro.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

FORT, Judge.

This is a mandamus proceeding brought by certain landowners against the State Engineer1 to compel him to hold a hearing upon petitioners' application for change in point of diversion of water based upon water right certificates issued to petitioners or their predecessors in interest allowing each specified quantities of water from West Dairy Creek. ORS 540.520. Respondent made return, issue was joined and the court heard extensive...

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