Water Resources Dept. v. City of Klamath Falls

The State of Oregon, on behalf of the Water Resources Department, brought this action seeking a declaratory judgment that the City of Klamath Falls’ Ordinance No. 6343 is invalid, because the state has preempted the field of regulation of ground water use. The trial court granted defendant-intervenor’s motion for summary judgment on the preemption claim and denied the state’s cross-motion. The state appeals from a judgment entered in favor of defendants. We affirm.

Ordinance No. 6343 was adopted by the citizens of Klamath Falls through the initiative process on June 30,1981, and makes it…