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WATERWATCH OF OREGON v. WATER RESOURCES

CA A73533.

852 P.2d 902 (1993)

120 Or. App. 366

WATERWATCH OF OREGON, INC., an Oregon nonprofit corporation, Petitioner, v. OREGON WATER RESOURCES DEPARTMENT, William Young in his official capacity as Director and the Oregon Water Resources Commission, Respondents, and Robert Hale, Robert Levy, Tony Amstad, Doy Lehman, M. Koester, Ken Coppinger, Steven Mills, Lloyd Piercy, Curt Perkins, Kent Madison, Chet Prior, Glen Rohde, Skip Walchli, John Brogoitti and J.R. Simplot Company, an Idaho corporation, Intervenors.

Court of Appeals of Oregon.

Decided May 19, 1993.

Reconsideration Denied August 4, 1993.

Attorney(s) appearing for the Case

Karen A. Russell, Portland, argued the cause for petitioner. With her on the brief were Karl G. Anuta and Jolles, Sokol & Bernstein, Portland.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Richard M. Glick, Portland, argued the cause for intervenors. With him on the brief were Lory J. Kraut and Davis Wright Tremaine, Portland.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.

DEITS, Judge.

In this proceeding under ORS 183.400, petitioner challenges administrative rules of the Oregon Water Resources Commission that allow a gradual reduction in pumping levels rather than an immediate restriction to the levels that petitioner asserts are required to maintain "[r]easonably stable ground water levels," ORS 537.525(7), in the Butter Creek Critical Ground Water Area. Petitioner argues that the rules are contrary to the statute and are invalid...

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