Dority v. Water Resources Department

The Water Resources Department (the department) appeals from a circuit court judgment setting aside the department’s final order that rejected as untimely the protest that plaintiffs filed against the department’s approval of a water use application. ORS 183.500. The question is whether the department violated ORS 537.621 when it rejected plaintiffs’ protest. We conclude that it did not, ORS 183.484(4)(a), and reverse and remand.

We review for errors of law. ORS 19.125(1); Lane Transit District v. Lane County, 146 Or App 109, 932 P2d 81 (1997). We take the facts, which are not in dispute, from…