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CENTER FOR ENVIR. LAW v. DEPT. OF ECOLOGY

No. 74841-6-1.

383 P.3d 608 (2016)

CENTER FOR ENVIRONMENTAL LAW and Policy, American Whitewater, and North Cascades Conservation Council, Appellants, v. WASHINGTON DEPARTMENT OF ECOLOGY; Public Utility District No. 1 of Okanogan County, Washington; Washington State Pollution Control Hearings Board, Respondents.

Court of Appeals of Washington, Division 1.

DATED this October 17, 2016.

¶ 1 The Pollution Control Hearings Board (PCHB) affirmed the Department of Ecology's (Ecology) issuance of a Report of Examination (ROE), ordering the approval of a water right for the Public Utility District No. 1 of Okanogan County's (PUD) hydroelectric project. The project would divert water from a portion of the Similkameen River through a powerhouse. To satisfy the public interest requirement of RCW 90.03.290, the ROE included...

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