690-380-4020 Notice of Preliminary Determination (1) After the time for the applicant to respond to the Department's draft preliminary determination, the Department shall issue the preliminary determination and give notice of the transfer application and preliminary determination: (a) By publication in the Department's weekly notice; (b) Except as provided in section (5) of this rule, by publication in a newspaper having a general circulation in the area in which the water uses subject to transfer are located for a period of at least three weeks and not less than one publication each week for applications received by the Department prior to January 1, 2012, but for applications received after January 1, 2012, for a period of at least two weeks and not less than one publication each week; and (c) By sending by regular mail, or with the consent of the recipient, by electronic means a copy of the preliminary determination and notice to each person who submitted comments under OAR 690-380-4000(3). (2) The notice shall include the following information about the application: (a) The type of transfer proposed and any amendments to the application that were made subsequent to the notice required under OAR 690-380-4000; \ (b) The locations of the applicant's existing and proposed water uses, the amount of water allowed under the right to be transferred, and the authorized source for the right; (c) The application file number; (d) The applicant's name and address; (e) A statement that any person may file, jointly or severally, with the Department a protest or standing statement within 30 days after the date of final publication of the notices prescribed by subsections (1)(a) and (b) of this rule, whichever is later; (f) A summary of the Department's preliminary determination; and (g) For a notice published in a newspaper, the date on which the last publication will occur. (3) As provided in ORS 540.520(5), the cost of publication in a newspaper shall be paid by the applicant in advance of publication. The applicant shall include payment for the cost of publication including the direct cost of the notice and indirect costs which may not exceed twenty (20) percent of the direct costs. (4) On issuance of the preliminary determination, the Department shall send by regular mail, or with the consent of the recipient, by electronic means to the applicant a copy of the preliminary determination and, if publication in a newspaper is required, a copy of the notice, and a request for payment for the cost of publishing the notice. The Department shall allow the applicant a period of not fewer than 30 days after the request for payment of publication costs to submit the required funds. The Department shall submit the notice to the newspaper within 15 days after receiving the payment. (5) No notice by publication in a newspaper is required for: (a) A change in place of use; (b) A change in point of diversion or appropriation to reflect historical use pursuant to ORS 540.532 and OAR 690-380-2120; or (c) Applications for a change in the point of diversion or appropriation of less than one-fourth mile and where there are no intervening diversions or wells between the old point of diversion or appropriation and the proposed new point of diversion or appropriation. (6) The Department shall not take action on an application prior to the end of the protest period described in this rule. (7) The Department may deny the application for failure to pay in advance the costs of publication of the newspaper notice within the period allowed under section (3) of this rule. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.520 & 540.532 History: WRD 1-2012, f. 1-31-12, cert. ef. 2-1-12 WRD 5-2006, f. & cert. ef. 10-6-06 WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0080 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 5-1991, f. & cert. ef. 4-26-91 WRD 12-1990, f. & cert. ef. 8-8-90 WRD 7-1987, f. & ef. 6-11-87