justicedao/ipfs_state_laws huggingface dataset:
690-077-0029 Application Processing: Initial Review (1) If the proposed use is not prohibited by statute, the Department shall undertake an initial review of the application and make a preliminary determination of: (a) Whether the proposed use is restricted or limited by statute or rule; (b) The extent to which water is available from the proposed source during the times and in the amounts requested; and (c) Any other issue the Department identifies as a result of the initial review that may preclude approval of or restrict the proposed use. (2) Upon completion of the initial review and no later than 30 days after determining an application to be complete and not defective as described in OAR 690-077-0027, the Department shall send by regular mail, or with the consent of the recipient, by electronic means to the applicant an initial review report setting forth the Department's preliminary determinations and allow the applicant 14 days from the date the Department sends the initial review report within which to notify the Department to stop processing the application or to proceed with the application. If the applicant notifies the Department to stop processing the application, the Department shall return the application. If the Department receives no timely response from the applicant, the Department shall proceed with the review of the application. Statutory/Other Authority: ORS 536.025, 536.027, 537.150 & 537.338 Statutes/Other Implemented: ORS 537.332 - 537.360 History: WRD 1-2012, f 1-31-12, cert. ef. 2-1-12 WRD 8-2001, f. & cert. ef. 12-14-01 WRD 1-1996, f. & cert. ef. 1-31-96
690-077-0031 Application Processing: Public Notice and Comments (1) Within seven days after proceeding with the application under OAR 690-077-0029(2), the Department shall give public notice of the application in the weekly notice published by the Department. The weekly notice shall be sent to the following: (a) Affected local, state and federal agencies, including the planning departments of affected local governments with a request that a copy of said notice be posted in a conspicuous location in the county courthouse; (b) Affected Indian tribes; and (c) All persons on the Department's weekly mailing list. (2) The notice shall include a request for comments on the application, the date by which comments must be received by the Department, and information about how an interested person may obtain future notices about the application and a copy of the proposed final order. The notice also shall include the following information about the application: (a) The name(s) and address(es) of the applicant agency(ies); (b) County(ies) of water use; (c) Application file number; (d) Description of the characteristics and the purpose of the proposed instream water right; (e) Amount of proposed instream water right by month or half month in cubic feet per second (cfs), acre feet (af), or lake elevation; (f) Common name of surface water source(s); and (g) The stream reach by mile or geographic location. (3) The notice shall be sent by regular United States mail, or with the consent of the recipient, by electronic means. (4) Within 30 days after the public notice under Section (1) of this rule, any person interested in the application shall submit written comments to the Department. Any person who asks to receive a copy of the Department's proposed final order shall submit to the Department the fee required under ORS 536.050. The 30-day comment period shall commence on the day the Department sends the notice. All comments must be received by the Department on or before the end of the 30-day comment period. (5) If no comments or land use information is received by the Department within the 30-day comment period, the Commission and Director may presume the proposed instream water right is compatible with the comprehensive land use plans and land use regulations of affected local governments. Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 537.140 & 537.338 Statutes/Other Implemented: ORS 537.332 - 537.360 History: WRD 1-2012, f 1-31-12, cert. ef. 2-1-12 WRD 4-2006, f. & cert .ef. 10-2-06 WRD 8-2001, f. & cert. ef. 12-14-01 WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-077-0024 WRD 5-1995(Temp), f. & cert. ef. 8-4-95 WRD 9-1992, f. & cert. ef. 7-1-92
690-077-0033 Application Processing: Public Interest Presumption (1) The Department shall presume that a proposed water use will not impair or be detrimental to the public interest if: (a) The proposed use is allowed in the applicable basin program established pursuant to ORS 536.300 and 536.340 or given a preference under 536.310(12); (b) Water is available; (c) The proposed use will not injure other water rights; and (d) The proposed use complies with the rules of the Commission. (2) The public interest presumption described in Section (1) of this rule is a rebuttable presumption and may be overcome by a preponderance of the evidence that either: (a) One or more of the criteria for establishing the public interest presumption are not satisfied; or (b) The proposed use will impair or be detrimental to the public interest as demonstrated in comments, protests or a finding of the Department that shows: (A) The specific public interest under ORS 537.170(7) that would be impaired or detrimentally affected; and (B) Specifically how the identified public interest would be impaired or detrimentally affected. Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 537.153 & ORS 537.338 Statutes/Other Implemented: ORS 537.332 - 537.360, ORS 536, ORS 537, ORS 537.170 & Or Laws 2025 ch 575 History: WRD 34-2025, minor correction filed 12/22/2025, effective 12/22/2025 WRD 4-2006, f. & cert .ef. 10-2-06 WRD 1-1996, f. & cert. ef. 1-31-96
690-077-0039 Application Processing: Proposed Final Order (1) In developing the proposed final order, the Department shall consider all comments received under OAR 690-077-0031 and all findings of the Department, but the proposed final order need not separately address each comment received. (2) The proposed final order shall cite findings of fact and conclusions of law and shall include but need not be limited to: (a) Confirmation or modification of the preliminary determinations made in the initial review; (b) A brief statement that explains the criteria considered relevant to the decision, including the applicable basin program and the compatibility of the proposed use with applicable land use plans; (c) An assessment of water availability and the amount of water necessary for the proposed use; (d) An assessment of whether the proposed use would result in injury to existing water rights; (e) An assessment of whether the proposed use would impair or be detrimental to the public interest as provided in ORS 537.170; (f) A draft certificate, including any proposed modifications, conditions, or a recommendation to deny the application; (g) Whether the rebuttable presumption that the proposed use will not impair or be detrimental to the public interest has been established; and (h) The date by which protests to the proposed final order must be received by the Department. (3) The Department shall send copies of the proposed final order to the applicant by regular mail, or with the consent of the recipient, by electronic means. The Department shall send copies of the proposed final order by regular mail to persons other than the applicant who have requested copies and paid the fee required under ORS 536.050. (4) Within seven days after issuing the proposed final order, the Department shall publish notice of the proposed final order by publication in the weekly notice published by the Department. In addition to the information required to be published for an application under OAR 690-077-0031, the notice of the proposed final order also shall include a brief explanation of the requirement to raise all issues under OAR 690-077-0043(4). Statutory/Other Authority: ORS 536.025, 536.027, 537.153 & 537.338 Statutes/Other Implemented: ORS 537.332 - 537.360 History: WRD 1-2012, f 1-31-12, cert. ef. 2-1-12 WRD 4-2006, f. & cert. ef. 10-2-06 WRD 8-2001, f. & cert. ef. 12-14-01 WRD 1-1996, f. & cert. ef. 1-31-96
690-077-0046 Application Processing: Determination to Hold a Contested Case Hearing (1) Within 60 days after the close of the period for receiving protests, the Director shall determine whether to: (a) Issue a final order as provided under ORS 537.170(6); or (b) Schedule a contested case hearing. (2) The Director: (a) May schedule a contested case hearing if: (A) A protest has been submitted; and (B) Upon review of the issues, the Director finds that there are significant disputes related to the proposed use of water. (b) Shall schedule a contested case hearing, if within 30 days after the close of the period for submitting protests, the applicant submits the information required for a protest under OAR 690-077-0043 and requests a contested case hearing. (3) As soon as possible after making a determination under Section (1) of this rule to refer an application to a contested case hearing, the Director shall advise the applicant, the protestant and any person requesting standing that the matter is being referred to contested case hearing, and describe the procedures each must follow to participate in the contested case hearing. Such notification to the participants shall not be considered the scheduling of the contested case hearing for purposes of the running of the 45-day time period under Section (4) of this rule. (4) Within 45 days after the Director schedules a contested case hearing under ORS 537.153(8), the Department shall hold the contested case hearing, which shall be conducted in accordance with the provisions of 183.413 to 183.470 and OAR chapter 690, division 02. The issues to be considered in the contested case hearing shall be limited to issues identified by the hearings officer. (5) Notwithstanding the provisions of ORS 183.413 to 183.470 pertaining to contested case proceedings, the parties to any contested case hearing initiated under this rule shall be limited to: (a) The applicant; (b) Any person who timely filed a protest; and (c) Any person who timely filed a request for standing under OAR 690-077-0043 and who requests to participate as a party or limited party in the contested case hearing prior to the start of the proceeding. (6) The contested case proceeding shall be conducted in accordance with the applicable provisions of ORS 183.413 to 183.470 except: (a) As provided in Sections (4) and (5) of this rule; and (b) An interlocutory appeal under ORS 183.480(3) shall not be allowed. (6) After the conclusion of a contested case hearing, any party may file exceptions to the hearing officer's proposed order in the manner described in OAR 690-002-0175. Statutory/Other Authority: ORS 536.025, 536.027, 537.153, 537.170 & 537.338 Statutes/Other Implemented: ORS 537.332 - 537.360 History: WRD 4-2006, f. & cert .ef. 10-2-06 WRD 8-2001, f. & cert. ef. 12-14-01 WRD 1-1996, f. & cert. ef. 1-31-96
690-077-0047 Application Processing: Final Orders (1) In developing the final order, the Department shall consider all comments and protests received and all findings of the Department, but the final order need not separately address each comment and protest received. (2) If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Director determines that the proposed use does not comply with the standards set forth in ORS 543.017 or rules adopted by the Water Resources Commission under 543.017 or would otherwise impair or be detrimental to the public interest, the Director shall issue a final order rejecting the application or modifying or conditioning the proposed final order to conform to the public interest. If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Director determines that the proposed use would not impair or be detrimental to the public interest, the Director shall issue a final order approving the application or otherwise modifying or conditioning the proposed final order. (3) A final order issued under Section (2) of this rule for an instream water right certificate may include any condition the Director considers necessary, but which is consistent with the intent of ORS 537.332 to 537.360. The final order may: (a) Approve the instream water right application for the quantity of water requested; (b) Approve the instream water right application for a lesser quantity of water; or (c) Deny the instream water right application. (4) If the Director reduces the quantity of water requested, denies the instream water right application, or conditions the instream water right, the Director shall include a statement of findings that sets forth the basis for the reduction, denial or conditions. (5) Upon issuing a final order, the Director shall notify the applicant and each person who submitted written comments or protests or otherwise requested notice of the final order and send a copy of the final order to any person who requested a copy and paid the fee required under ORS 536.050. Within seven days after issuing the final order, the Department shall also publish notice of the final order by publication in the weekly notice published by the Department. Statutory/Other Authority: ORS 536.025, 536.027, 537.170, 537.343 & 537.338 Statutes/Other Implemented: ORS 537.332 - 537.360 History: WRD 4-2006, f. & cert .ef. 10-2-06 WRD 8-2001, f. & cert. ef. 12-14-01 WRD 1-1996, f. & cert. ef. 1-31-96
690-077-0048 Application Processing: Final Public Interest Determination If the presumption of public interest under OAR 690-077-0033 is overcome in the manner described in 690-077-0037, then before issuing a final order, the Director or the Commission, if applicable, shall make the final determination of whether the proposed use, or the proposed use as modified or conditioned in the proposed final order, would impair or be detrimental to the public interest by considering the factors set forth in ORS 537.170(7). Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 537.170 & ORS 537.338 Statutes/Other Implemented: ORS 537.332 - 537.360 History: WRD 35-2025, minor correction filed 12/22/2025, effective 12/22/2025 WRD 4-2006, f. & cert .ef. 10-2-06 WRD 8-2001, f. & cert. ef. 12-14-01 WRD 1-1996, f. & cert. ef. 1-31-96
690-077-0049 Application Processing: Statement of Findings Any order or proposed order by the Director or Commission that approves, reduces, conditions or denies an instream water right application shall include a statement or findings that sets forth the basis for the approval, reduction, conditioning or denial. Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 Statutes/Other Implemented: ORS 537.332 - 537.360 History: WRD 4-2006, f. & cert .ef. 10-2-06 WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-077-0044 WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0040 WRD 20-1988, f. & cert. ef. 11-4-88
690-077-0051 Application Processing: Contested Case Hearing on Final Order If a contested case hearing is not held prior to the issuance of the final order: (1) Where the final order modifies or conditions the proposed final order, the applicant may request and the Director shall schedule a contested case hearing as provided under OAR 690-077-0046 by submitting the information required for a protest under 690-077-0043 within 14 days after the Director issues the final order. The issues on which a contested case hearing may be requested and conducted under this paragraph shall be limited to issues based on the modifications or conditions to the proposed final order. (2) Only the applicant or a protestant may appeal the provisions of the final order in the manner established in ORS 183.310 to 183.550 for appeal of order other than contested cases. Statutory/Other Authority: ORS 536.025, 536.027, 537.170 & 537.338 Statutes/Other Implemented: ORS 537.332 - 537.360 History: WRD 4-2006, f. & cert .ef. 10-2-06 WRD 8-2001, f. & cert. ef. 12-14-01 WRD 1-1996, f. & cert. ef. 1-31-96
690-077-0052 Application Processing: Time Requirements (1) Except as provided in Section (2) of this rule, the Department shall issue a final order or schedule a contested case hearing on an application for a water right referred to in ORS 537.336 within 180 days after the Department proceeds with the application under OAR 690-077-0029(2). (2) At the request of the applicant, the Department may extend the 180-day period set forth in Section (1) of this rule for a reasonable period of time. The extension shall not exceed 180 days except upon a finding by the Director that a longer extension is reasonable and necessary. (3) If a contested case hearing is held, the Director shall issue a final order: (a) Within 270 days after scheduling the hearing for a contested case proceeding that involves three or more parties not including the Department; and (b) Within 180 days after scheduling the hearing for all other contested case proceedings. (4) If the applicant does not request an extension under Section (2) of this rule and the Department fails to issue a proposed final order or schedule a contested case hearing on an application for a water right within 180 days after the Department proceeds with the application under OAR 690-077-0029(2), the applicant may apply in the Circuit Court for Marion County for a writ of mandamus to compel the Director to issue a final order or schedule a contested case hearing on an application for a water right. (5) The mandatory timelines set forth in division 77 for the Department to process applications shall not apply to applications filed before October 31, 1996. Statutory/Other Authority: ORS 536.025, 536.027, 537.175 & 537.338 Statutes/Other Implemented: ORS 537.332 - 537.360 History: WRD 4-2006, f. & cert .ef. 10-2-06 WRD 8-2001, f. & cert. ef. 12-14-01 WRD 1-1996, f. & cert. ef. 1-31-96
690-077-0053 Application Processing: Issuance of Instream Water Right Certificate After the Director issues a final order approving an instream water right, the Department shall issue a certificate for an instream water right according to the provisions of ORS 537.341. The instream water right shall date from the filing of the application with the Commission. The certificate shall be in the name of the Department as trustee for the people of the State of Oregon and shall be issued by the Commission according to the procedures established under ORS 537.338. The Commission shall forward a copy of each certificate issued under this rule to the state agency requesting the instream water right. A certificate for an instream water right supplied by stored water shall refer to the reservoir described in the request filed under ORS 537.336. Statutory/Other Authority: ORS 536.025, 536.027, 537.338 & 537.341 Statutes/Other Implemented: ORS 537.332 - 537.360 History: WRD 4-2006, f. & cert .ef. 10-2-06 WRD 8-2001, f. & cert. ef. 12-14-01 WRD 1-1996, f. & cert. ef. 1-31-96
690-077-0054 Conversion of Minimum Perennial Streamflows to Instream Water Rights (1) Within 21 days of the adoption of these rules, the Commission shall request publication in the Secretary of State's bulletin and shall mail to the appropriate Department mailing lists notice of proposed conversion, and a list of all existing minimum perennial streamflows established on any waters of this state prior to June 25, 1988 separated as follows: (a) Those flows the Commission intends to convert without change to instream water rights; (b) Those flows the Commission intends to condition with OAR 690-077-0015(12) and schedule a hearing before converting to instream water rights. (2) Any person or agency, including the Department, may request a hearing on any of the conversions proposed within 60 days of publication in the Secretary of State's bulletin or the mailing of notice. (3) Requests for hearings shall be filed individually for specific minimum perennial streamflows and shall be substantiated by evidence that: (a) The conversion will take away or impair permitted, certificated or decreed water rights to the same source of water and a statement of what conditions, if any, could be attached to the conversion to avoid the problems identified, or what clarifications are necessary; (b) The existing minimum perennial streamflow is not for a public use or exceeds the amounts necessary for the public use; and/or (c) The conversion from a minimum streamflow to an instream water right would not be in the public interest. (4) The Director shall issue an instream water right certificate for all minimum streamflows where no complete request for hearing was received. These instream water rights shall contain the priority date of the minimum streamflow from which they were created. (5) The Director shall review all requests for hearings. The person making the request shall bear the burden of establishing the need for a hearing. After completing this review, the Director shall recommend to the Commission: (a) To approve the conversion; or (b) To conduct a hearing under ORS 537.170. (6) The Commission shall act on the Director's recommendation in accordance with OAR 690-077-0046. Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 Statutes/Other Implemented: ORS 537.332 - 537.360 History: WRD 4-2006, f. & cert .ef. 10-2-06 WRD 8-2001, f. & cert. ef. 12-14-01 WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-077-0050 WRD 9-1992, f. & cert. ef. 7-1-92 WRD 20-1988, f. & cert. ef. 11-4-88
690-077-0055 Disposition of Minimum Perennial Stream-flows Following the conversion of a minimum streamflow, the Commission shall retain the original minimum streamflow until it determines through basin program amendment that no public benefit is derived by maintaining both an instream water right and a minimum streamflow. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 536 & 537 History: WRD 20-1988, f. & cert. ef. 11-4-88