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WATERWATCH OF OREGON v. WATER RES. DEP'T

(CC 16CV11938) (SC S067938).

501 P.3d 507 (2021)

369 Or. 71

WATERWATCH OF OREGON, Petitioner on Review, v. WATER RESOURCES DEPARTMENT, Respondent on Review, and Warm Springs Hydro LLC, Respondent on Review.

Supreme Court of Oregon, En Banc.

December 23, 2021.

Attorney(s) appearing for the Case

Thomas M. Christ , Sussman Shank LLP, Portland, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Brian J. Posewitz , WaterWatch of Oregon, Portland.

Carson L. Whitehead , Assistant Attorney General, Salem, argued the cause and filed the brief on behalf of respondent on review Water Resources Department. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman, Solicitor General.

Crystal S. Chase , Stoel Rives LLP, Portland, argued the cause and filed the brief for respondent on review Warm Springs Hydro LLC. Also on the brief were David E Filippi , Portland, and Merissa A. Moeller , Portland.

Emily Reber , Troutman Pepper Hamilton Sanders LLP, Portland, filed the brief for amicus curiae Northwest Hydroelectric Association. Also on the brief was Angela J. Levin , San Francisco, California.

At issue in this case is whether the hydroelectric water right for a hydroelectric power plant that has not operated for 26 years is subject to conversion to an in-stream water right, upon a finding that such conversion would not injure other existing water rights. Conversion of a hydroelectric water right to an in-stream water right...

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