- Court: Oregon Court of Appeals
- Area(s) of Law: Water Rights
- Date Filed: 02-15-2012
- Case #: A144766
- Judge(s)/Court Below: Nakamoto, J. for the Court; Schuman, P.J.; & Wollheim, J.
- Full Text Opinion
Steele sought judicial review of a final order by the Water Resources Department that determined that a proposed hydroelectric project did not have “impacts that are cumulative with those of other existing or proposed hydroelectric projects in the same river basin” that would force a consolidated review. Although the Court of Appeals found that petition probably intended to challenge the Public Interest Order, which ultimately authorized a license for the project, Steele actually only filed a protest against the Cumulative Impacts Order. The Court admonished that it was not able to set aside a final order unless the erroneous findings affected the validity of the order. However, Steele made no showing how the mitigation program in question and its potentially erroneous findings might deprive the department’s challenged order of substantial evidentiary support. Affirmed.