State v. Waters

Defendant was charged with violating state water pollution laws by engaging in suction-dredge mining on the Rogue River without a permit. In a demurrer, defendant argued that the charging instrument failed to state an offense. After a stipulated facts trial following the trial court’s denial of the demurrer, defendant was convicted of one count of second-degree unlawful water pollution, ORS 468B.050(l)(d) and ORS 468.943, and was sentenced to 36 months of probation. On appeal, defendant assigns error to the trial court’s denial of his demurrer. For the reasons that follow, we conclude that…