Opinion
CA A40087
On petitioners' petition for reconsideration filed August 10, 1988 Reconsideration allowed, former opinion ( 92 Or. App. 22, 758 P.2d 865) clarified and adhered to October 12, 1988
Judicial review from Oregon Water Resources Director.
Argued and submitted June 12, 1987.
William F. Schroeder and Larry A. Sullivan, Vale, for petition.
No appearance contra.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
BUTTLER, P.J.
Reconsideration allowed; former opinion clarified and adhered to.
On petitioners' petition for review of our decision, 92 Or. App. 22, 758 P.2d 865 (1988), we allow reconsideration, ORAP 10.10, and write for the purpose of clarifying the basis for affirming that the Director's decision establishing the Butter Creek critical ground water area and six subareas. We add only that, whether or not we agree with it, the Director's decision is supported by substantial evidence on the whole record. ORS 183.482 (8)(c); Younger v. City of Portland, 305 Or. 346, 752 P.2d 262 (1988).
Reconsideration allowed; former opinion clarified and adhered to.