Rogue Flyfishers, Inc. v. Water Policy Review Board

Petitioner seeks review of an action taken by the Water Policy Review Board (Board), arguing that the action constituted the promulgation of a rule and that the rule is invalid because, inter alia, the Board failed to comply with provisions of the Administrative Procedure Act (APA) that govern the adoption of rules. Because we conclude that the Board did not promulgate a rule by the action challenged here, we dismiss the petition for review.

The act in question is a vote by the Board to instruct its staff to base future stream flow computations on the amount of water present in a given stream…