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DIACK v. CITY OF PORTLAND

WPRB 63266; CA A37696; SC S34223.

759 P.2d 1070 (1988)

306 Or. 287

In the matter of the Permit Application No. 63266 — City of Portland Hydroelectric 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 On Review, v. CITY OF PORTLAND, and Water Resources Department — State of Oregon, Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided July 26, 1988.

Reconsideration Denied September 20, 1988.

Attorney(s) appearing for the Case

William P. Hutchison, Jr., Portland, argued the cause and filed the petition on behalf of the petitioners on review. With him on the petition were David R. Maier and Hutchinson, Hutchison and Hooper, Portland.

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause on behalf of respondent on review Water Resources Dept. — State of Oregon.

Ruth M. Spetter, Office of City Atty., Portland, argued the cause on behalf of respondent on review City of Portland.

Noelle Billups, Asst. County Counsel, Portland, filed an amicus curiae brief on behalf of Multnomah County. With her on the brief was Laurence Kressel, County Counsel for Multnomah County, Portland.

GILLETTE, Justice.

In this case we are called upon to examine the impact, if any, of provisions of Oregon's Scenic Waterways Act, ORS 390.805 et seq. (the Act), on a decision to permit hydroelectric generation on a portion of a river that thereafter flows into a scenic waterway. The Water Resources Commission (the commission) issued a permit allowing the City of Portland (the city) to divert water from the Bull Run River for the generation of

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