Hennings v. Water Resources Department

CAMPBELL, J. PRO TEMPORE

This is an appeal from an order of the Department of Water Resources cancelling a water right which authorized use of water from the South Fork of the Alsea River for irrigation of several parcels of land. The Department cancelled the water right pursuant to ORS 540.610(1) which requires a presumption of abandonment from non-use of the right for any period of five successive years. We affirm.

Petitioner’s lands, to which the water right in question is appurtenant, are located between the South Fork Road and the channel of the South Fork of the Alsea River. The lands…