DIACK v. CITY OF PORTLAND

49252; CA A37696.

736 P.2d 198 (1987)

85 Or.App. 255

In the matter of the Permit Application No. 63266 — City of Portland Hydro-Electric Power Diversion from Bull Run River. Arch W. DIACK, Samuel L. Diack, Jr., Portland Area Recreation Coalition, the Nature Conservancy, River Trails, Inc., and Oregon Trout, Inc., Petitioners, v. CITY OF PORTLAND, and Water Resources Department — State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided May 6, 1987.


Attorney(s) appearing for the Case

William P. Hutchison, Jr., Portland, argued the cause for petitioners. With him on brief were David R. Maier and Hutchinson, Hutchison & Hooper, Portland.

Ruth M. Spetter, Portland, argued the cause and filed the brief for respondent City of Portland.

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for respondent Water Resources Department — State of Oregon. With him on brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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


WARDEN, Presiding Judge.

Petitioners seek review of an order of the Water Resources Department1 (the Department) which approved an application by the City of Portland (the City) to divert water from the Bull Run River, a tributary of the Sandy River, in order to generate electricity. They assert that the proposed diversion will violate the Scenic Waterways Act, ORS 390.805-ORS 390.925, and that

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