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STEELE v. WATER RESOURCES COM'N

HE559; A144766.

273 P.3d 243 (2012)

248 Or. App. 229

John STEELE, Petitioner, v. WATER RESOURCES COMMISSION; Water Resources Department; and Symbiotics, LLC, Respondents.

Court of Appeals of Oregon.

Decided February 15, 2012.

Attorney(s) appearing for the Case

William C. Carpenter, Jr. , argued the cause and filed the briefs for petitioner.

Erin C. Lagesen , Assistant Attorney General, argued the cause for respondents Water Resources Commission and Water Resources Department.

Robyn Ridler Aoyagi argued the cause for respondent Symbiotics, LLC. With her on the brief was Tonkin Torp LLP.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

Petitioner John Steele seeks judicial review of a final order in which the Water Resources Department determined, in accordance with ORS 543.255, that a proposed hydroelectric project at the Dorena Dam on the Row River in Lane County does not have impacts that are cumulative with those of other existing or proposed hydroelectric projects in the same river basin. Based on that determination, the department in its order concluded that it was not necessary...

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