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SAYLOR v. STATE, WATER RESOURCES DEPARTMENT

CV-88-283; CA A50953.

788 P.2d 494 (1990)

100 Or.App. 745

Lowell SAYLOR, Oregon Trail Ranches, Inc. and Alfalfa Acres, Inc., Respondents, v. STATE of Oregon WATER RESOURCES DEPARTMENT; Michael F. Ladd, Watermaster, District 5, of the State of Oregon Water Resources Department, Appellants, and Colusi Ammon; Leo Ashbeck; Sidney Britt; Glen Cochran; John E. Correa; John B. Correa; Delbert Bud Graham; Hale Bros., Inc., an Oregon Corporation; Bob Hawkins; Frank Mader; Madison Ranches, Inc., an Oregon Corporation; John Madison; Mike McCarty; Jerry Myers; Frank Mueller; Frank Pedro; Robert Schiller; Weldon Witherrite; Glen Chowning and Burl Wattenberger, Defendants.

Court of Appeals of Oregon.

Decided March 14, 1990.

Reconsideration Denied May 16, 1990.

Attorney(s) appearing for the Case

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

John C. Cahalan, Portland, argued the cause for respondents. With him on the brief was Dunn, Carney, Allen, Higgins & Tongue, Portland.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

Respondents are owners of land located in Umatilla County and of water rights in Butter Creek. Pursuant to a 1916 court decree, they are entitled to accumulate water to preserve their water rights. In 1988, appellants refused to allow accumulation of water until all water users had signed a use agreement. Respondents filed a complaint in circuit court requesting declaratory and injunctive relief under 42 U.S.C. § 1983 and ORS ch. 28. They successfully...

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