Hannigan v. Hinton

Petitioners seek review of a final order of the Director of the Oregon Water Resources Department (the director) cancelling petitioners’ water rights on the basis of nonuse. Three questions are before us: (1) whether water rights for mining may be lost by forfeiture under ORS 540.610, or may be lost only by application of a common-law abandonment theory, as argued by petitioners; (2) whether use of water at a place different from that designated on the water rights certificate constitutes use that avoids forfeiture under ORS 540.610; and (3) whether substantial evidence supports the…