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ARNOLD IRRIGATION DIST. v. DEQ

25-WQ-CR-FERC-P5205; CA A35731.

717 P.2d 1274 (1986)

79 Or.App. 136

IN RE LAVA DIVERSION PROJECT FERC NO. 5205 DESCHUTES COUNTY, Oregon. ARNOLD IRRIGATION District and General Energy Development, Inc., an Oregon Corporation, Petitioners — Cross-Respondents, v. DEPARTMENT OF ENVIRONMENTAL QUALITY, Respondent — Cross-Respondent, Northwest Environmental Defense Center, an Oregon Nonprofit Corporation, Respondent — Cross-Petitioner.

Court of Appeals of Oregon.

Decided April 23, 1986.

Reconsideration Denied June 6, 1986.

Attorney(s) appearing for the Case

Michael Huston, Asst. Atty. Gen., Portland, argued the cause for respondent — cross-respondent. With him on brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Michael D. Reynolds and Mary J. Deits, Asst. Attys. Gen., Salem.

Steven R. Schell, Portland, argued the cause for respondent — cross-petitioner. With him on brief was Rappleyea, Beck, Helterline, Spencer & Roskie, Portland.

Neil R. Bryant, Bend, argued the cause for petitioners — cross-respondents. With him on brief were Benjamin Lombard, Jr., and Gray, Fancher, Holmes & Hurley, Bend.

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

YOUNG, Judge.

This case concerns the criteria which the Department of Environmental Quality (DEQ) may use in determining whether to issue a certificate of compliance with the Federal Water Pollution Control Act (also known as the Clean Water Act (CWA))1 and what conditions it may place on the certificate. Petitioners seek review of a final order of the Environmental Quality Commission (EQC) affirming a DEQ decision denying them a certificate...

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