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STEAMBOATERS v. WATER RESOURCES COMMISSION

CA A38933; A39461.

735 P.2d 649 (1987)

84 Or.App. 34

The STEAMBOATERS, an Oregon Nonprofit Corporation; Umpqua Fisherman's Association, Inc., an Oregon Nonprofit Corporation; Richard Bauer, Petitioners, v. WATER RESOURCES COMMISSION, a State Agency; Oregon Water Resources Department, an Oregon State Agency; William H. Young, Oregon Water Resources Director; Winchester Water Control District, a Quasi-Municipal Corporation under Ors Chapter 553, Respondents.

Court of Appeals of Oregon.

Decided April 22, 1987.

Reconsideration Denied June 12, 1987.

Attorney(s) appearing for the Case

Bill Kloos, Eugene, filed brief, for petitioners.

Philip Schradle, Asst. Atty. Gen., Salem, for respondents Water Resources Commission, Oregon Water Resources Dept. and William H. Young. With him on brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Jacob Tanzer, Portland, for respondent Winchester Water Control Dist. With him on brief, was Ball, Janik & Novack, Portland.

Before RICHARDSON, P.J., JOSEPH, C.J., and NEWMAN, J.

RICHARDSON, Presiding Judge.

Petitioners seek review of the Water Resources Commission's final order directing Winchester Water Control District, the owner of Winchester Dam, to complete and implement plans for structural safety modifications on the dam.1 ORS 540.350(5); ORS 540.360.2 In essence, the modification requirements are aimed at particularizing and implementing certain structural rehabilitation proposals...

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