Russell-Smith v. Water Resources Department

Petitioner seeks review of a final order of the Director of the Water Resources Department dismissing a proceeding to cancel the individual respondents’ water right on the basis of nonuse. ORS 540.610(1). The dispositive question is whether a holder of a water right who (1) takes water from the authorized source but (2) does so from an unauthorized point of diversion has “fail[ed] to use all or part of the water appropriated,” triggering forfeiture of the water right. ORS 540.610(1). The Director concluded that there was no forfeiture in those circumstances. We agree and affirm.

Except as…