Doherty v. Oregon Water Resources Director
Oregon Supreme Court
783 P.2d 519, 308 Or. 543 (1989)
- Written by Curtis Parvin, JD
Facts
The Oregon Water Resources Director (the director) (defendant) determined that an area in Umatilla and Morrow counties was a critical groundwater area because the amount of water pumped from the groundwater basin for irrigation, domestic, and stock-water uses exceeded the sustained yield of the basin—withdrawals that did not exceed the long-term water supply to replenish the basin—leading to a decline in groundwater levels. The director determined that the designation meant that to protect the public welfare, health, and safety, the director would not allow any new groundwater appropriations or changes in the affected area. Multiple agricultural concerns (agricultural pumpers) (plaintiffs) challenged the director’s decision in court, believing they had a right to pump groundwater to the point of exhaustion (overdraft) and were concerned that the director’s decision would lead to changes or controls on wells within the designated area. The appellate court upheld the director’s decision, and the agricultural pumpers appealed to the Oregon Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Fadely, J.)
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