Noble v. Oregon Water Resources Department

Petitioners appeal following the circuit court’s judicial review of an order by the Oregon Water Resources Department (the department) in other than a contested case. The order permitted petitioners’ neighboring landowner, Lytle, to maintain a reservoir in a stream that runs on his property as well as petitioners’ properties, with certain conditions. The circuit court set aside and remanded the order on the basis that Lytle’s permit application was substantively deficient and that the department had misapplied the relevant statute, ORS 537.409, when it concluded otherwise. Petitioners now ask…