WaterWatch of Oregon, Inc. v. Water Resources Department
Oregon Court of Appeals
316 P.3d 330 (2013)
- Written by Curtis Parvin, JD
Facts
The Oregon Water Resources Department (defendant) granted the City of Cottage Grove a permit to divert water from the Row River, conditioned on the construction of a water-development project and a completed beneficial application of water by October 1, 1980. The city failed to satisfy the conditions but obtained numerous extensions from the department. After 30 years, the city had still not completed the project but sought another extension from the department. Before the extension application, the city used its maximum diversion rights for six hours to meet end-user demands, fire-suppression needs, and storage. The department issued a proposed order to grant the extension. WaterWatch of Oregon, Inc. (WaterWatch) (plaintiff) challenged the proposed order based on the department’s and the city’s failure to comply with comprehensive Oregon statutes regarding water permits and rights. WaterWatch specifically contended that the city had failed to use the water to protect certain fish species and had not prepared and obtained approval for a water management and conservation plan, as required by the permit and applicable statutes. The Office of Administrative Hearings upheld the department’s proposed order with minor modifications. The department then issued a water-rights certificate to the city based on its recently exercised water diversion. WaterWatch petitioned the Oregon Court of Appeals for judicial review of the decision.
Rule of Law
Issue
Holding and Reasoning (Armstrong, J.)
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