Vanderzanden v. Sexson

This is a mandamus proceeding brought by certain landowners against the State Engineer1 to compel him to hold a hearing upon petitioners’ application for change in point of diversion of water based upon water right certificates issued to petitioners or their predecessors in interest allowing each specified quantities of water from West Dairy Creek. ORS 540.520. Respondent made return, issue was joined and the court heard extensive testimony. Thereafter it made extensive Findings of Fact.2 It concluded, however, *142that it was bound by our decision in Vandehey v. Wheeler, 13 Or App 25 at 37, 507…