Diack v. City of Portland

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 hydroelectricity. The Bull Run River flows into the Sandy River a short distance above a 12.5-mile stretch of the Sandy River designated as a scenic waterway pursuant to…