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STEAMBOATERS v. WINCHESTER WATER CONT. DIST.

60952; 47469; CA A28451 (Control); CA A28680.

688 P.2d 92 (1984)

69 Or.App. 596

The STEAMBOATERS, an Oregon Nonprofit Corporation, Petitioner, v. WINCHESTER WATER CONTROL DISTRICT, a Quasi-Municipal Corporation Organized under Ors Chapter 553; and the Water Policy Review Board, an Oregon State Agency, Respondents. the Steamboaters, an Oregon Nonprofit Corporation, and Nick Murphy, Petitioners, v. Winchester Water Control District, a Quasi-Municipal Corporation Organized under Ors Chapter 553; Oregon Water Resources Department: an Oregon State Agency; and James Sexson, Oregon Water Resources Director, Respondents.

Court of Appeals of Oregon.

Decided September 5, 1984.

Reconsideration Denied October 19, 1984.

Attorney(s) appearing for the Case

Allen L. Johnson, Eugene, argued the cause for petitioners. With him on the brief was Bill Kloos, Eugene.

Jacob Tanzer, Portland, argued the cause for respondent Winchester Water Control District. With him on the brief was Ball, Janik & Novack, Portland.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Michael D. Reynolds, Asst. Atty. Gen., Salem, filed the brief for respondents Oregon Water Resources Department and James Sexson, Oregon Water Resources Director.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Petitioner Steamboaters is an organization of over 400 individuals headquartered in Steamboat, near the headwaters of the North Umpqua River. Its primary purpose is to preserve and enhance the fishery resource and the clean angling waters of the river. It seeks judicial review of both an order of the Water Policy Review Board (WPRB) approving respondent's application for a permit to appropriate water for a hydroelectric project on the North...

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