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SKREPETOS v. WATER RESOURCES DEPT.

(CC-12; CA A108300)

18 P.3d 401 (2001)

172 Or. App. 9

Chris SKREPETOS, Cynthia Lord, Lane Bouman, Klaas van de Pol, William C. Nielsen, Paul Foland, Constance Foland, Wayne Wiley, Jackson County Citizens League, and Friends of Ashland, Petitioners, v. OREGON WATER RESOURCES DEPARTMENT, Martha Pagel, in her official capacity as Director, Oregon Water Resources Commission, and Provost Development Company, Respondents.

Court of Appeals of Oregon.

Decided January 17, 2001.

Attorney(s) appearing for the Case

Jeffrey L. Kleinman, Portland, argued the cause and filed the brief for petitioners.

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for respondents Oregon Water Resources Department and Martha Pagel, in her official capacity as Director of the Oregon Water Resources Commission. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Gregory S. Hathaway, Portland, argued the cause for respondent Provost Development Company. With him on the brief were Christopher P. Koback and Davis Wright Tremaine LLP.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LINDER, J.

Petitioners seek review of the Water Resources Department's approval of respondent Provost's application for a ground water permit to serve a destination resort for which Provost is in the process of seeking Jackson County's land use approval. The department placed a condition on the permit that prohibits its use "until the applicant obtains all required local land use approvals and local appeals periods have expired."

In issuing the permit, the...

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