justicedao/ipfs_state_laws huggingface dataset:
690-310-0050 Map to Accompany Application for Water Use Permit (1) Each application shall be accompanied by a map or drawing which shall be considered a part of the application. (2) Maps submitted with water use applications shall meet the following criteria: (a) The application map, which is made part of the record, shall be of permanent quality and drawn in ink or otherwise printed in an indelible form with sufficient clarity so as to be easily reproduced; (b) Maps shall be drawn on good-quality paper. If the map is larger than 11 inches by 17 inches, one additional copy must be submitted; (c) All maps shall be drawn to a standard, even scale of not less than 4 inches = 1 mile. The map may be of another standard scale if the Department grants, by mail or electronic means, advance approval of the use of the scale. All maps must include the scale to which the map is drawn and a north directional symbol. (3) A platted and recorded subdivision map, deed description survey map or county assessor may be submitted as the application map if all of the required information is clearly shown. (4) Each copy of the map shall show clearly each of the following requirements that apply to the proposed appropriation: (a) The location of each diversion point, well, or dam by reference to a recognized public land survey corner. The locations may be shown by distance and bearing or by coordinates (distance north or south and distance east or west from the corner); (b) The location of main canals, ditches, pipelines, or flumes; (c) The location of the place where water is to be used identified by tax lot, township, range, section and nearest quarter-quarter section along with a notation of the acreage of the proposed place of use, if appropriate. The Department also shall accept any locational coordinate information that the applicant may wish to provide, including latitude and longitude as established by a global positioning system. If for irrigation, the area to be irrigated in each quarter-quarter of a section shall be indicated by shading or hatchuring and the number of acres in each quarter-quarter section, donation land claim, government lot or other recognized public land survey lines indicated. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.140 & 537.615 History: WRD 1-2012, f 1-31-12, cert. ef. 2-1-12 WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-011-0070 WRD 51-1995(Temp), f. & cert. ef. 8-4-95 WRD 16-1990, f. & cert. ef. 8-23-90 WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88 WRD 6-1987, f. & ef. 6-11-87
690-310-0060 Permits for Livestock Watering Outside of Riparian Areas (SB 150, 1989); Fees (1) Applications for permits to use water exclusively for livestock watering outside of riparian areas are subject to the following reduced fees: (a) For examining the application, $40; (b) For filing and recording the permit, $10. (2) Applications submitted under this rule shall in all other respects be subject to the usual requirements for application processing. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 536.050 History: WRD 5-2004, f. & cert. ef. 6-15-04 WRD 1-1996, f. & cert. ef. 1-31-95, Renumbered from 690-011-0048 WRD 5-1995(Temp), f. & cert. ef. 8-4-95 WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-011-0083 WRD 9-1989, f. & cert. ef. 11-20-89 WRD 6-1989(Temp), f. 9-29-89, cert. ef. 10-3-89
690-310-0070 Completeness Review (1) Within 15 days after receiving an application, the Department shall determine whether the application contains the information required under OAR 690-310-0040 and is complete and not defective, including the payment of all required fees. If the Department determines that the application is incomplete or defective or that all fees have not been paid, the Department shall return all fees and the application. (2) Upon determining that an application contains the required information and is complete and not defective, the Department shall indorse on the application the date upon which the application was received for filing at the Department. All applications that comply with the provisions of law shall be recorded in a suitable book kept for that purpose. (3) The priority date for use of water not previously reserved under OAR 690, division 79 shall be the date the application was received for filing by the Department. (4) If an application is complete and not defective, the Department shall determine whether the proposed use is prohibited by ORS Chapter 538, if the proposed use is for surface water, or by any statute, if the proposed use is for ground water. If the proposed use is prohibited by statute, the Department shall reject the application and return all fees to the applicant with an explanation of the statutory prohibition. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.150 & 537.620 History: WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0080 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 690-310-0070, 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. The applicant shall have 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 and all except $225 of any fees paid by the applicant. If the Department does not receive a timely response from the applicant, the Department shall proceed with the review of the application. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.150 & 537.620 History: WRD 6-2014, f. 11-25-14, cert. ef. 1-1-15 WRD 1-2012, f 1-31-12, cert. ef. 2-1-12 WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0090 Public Notice and Comments (1) Within seven days after proceeding with the application under OAR 690-310-0080(2), the Department shall give public notice of the application in the weekly notice published by the Department. The notice shall include a request for comments on the application, the date by which comments must be received by the Department, information about how an interested person may view or obtain future notices about the application and a copy of the proposed final order and information about how an interested person may review the application or obtain a copy of the application. The notice also shall include the following information about the application: (a) Type of water use application; (b) County of water use; (c) Application file number; (d) Applicant name and address; (e) Amount of proposed water use in gallons per minute (gpm), cubic feet per second (cfs) or acre feet (af) of storage; (f) Common name of surface water source(s) or basin; (g) Nature of use; and (h) Location of the proposed point of diversion by section quarter/quarter, township and range. (2) 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; (b) Property owners listed on an application pursuant to OAR 690-310-0040; (c) Affected Indian tribes; and (d) All persons on the Department's weekly mailing list. (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 requests a copy of the Department's proposed final order shall submit to the Department a written request accompanied by the fee required under ORS 536.050(1). 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 5 p.m. on the last day of the 30-day comment period. (5) If the land use information required under OAR 690-310-0040(1)(a)(L) is not received by the Department within the 30-day comment period, the Department shall conclude that the requirement for obtaining land use information has been satisfied and may presume the proposed use is compatible with the comprehensive land use plans and land use regulations of affected local governments. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 536.220, 536.300, 536.310, 537.150, 537.620, 537.338 & 537.356 - 537.358 History: WRD 1-2012, f 1-31-12, cert. ef. 2-1-12 WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-011-0155 WRD 51-1995(Temp), f. & cert. ef. 8-4-95 WRD 9-1992, f. & cert. ef. 7-1-92
690-310-0100 Completion of Application Review; Additional Information and Proposed Final Order Within 60 days after the Department proceeds with the application under OAR 690-310-0080(2), the Department shall complete application review and issue a proposed final order approving or denying the application or approving the application with modifications or conditions. Within the 60-day period, the Department may request the applicant to provide additional information needed to complete the review. If the Department requests additional information, the request shall be specific and shall be sent to the applicant by registered mail, or with the consent of the recipient, by electronic means. The Department shall specify a date by which the information must be returned, which shall be not less than 10 days after the Department sends the request to the applicant. If the Department does not receive the information or a request for a time extension under OAR 690-310-0260 by the date specified in the request, the Department may reject the application and may refund fees in accordance with ORS 536.050(3). The time period specified by the Department in a request for additional information shall allow the Department to comply with the 60-day time limit established by this subsection. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.153 & 537.621 History: WRD 1-2012, f. 1-31-12, cert. ef. 2-1-12 WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0110 Public Interest Presumption; Surface Water (1) The Department shall presume that a proposed surface 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 ORS 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 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 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 536.027 Statutes/Other Implemented: ORS 537.153, ORS 537.170 & ORS 536.310 History: WRD 28-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0130 Public Interest Presumption; Groundwater (1) The Department shall presume that a proposed groundwater use will ensure the preservation of the public welfare, safety and health as described in ORS 537.525 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 ORS 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 presumption described in subsection (1) of this section 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 presumption are not satisfied; or (b) The proposed use would not ensure the preservation of the public welfare, safety and health as demonstrated in comments, protests or a finding of the Department that shows: (A) The specific aspect of the public welfare, safety and health under ORS 537.525 that would be impaired or detrimentally affected; and (B) Specifically how the identified aspect of the public welfare, safety and health under ORS 537.525 would be impaired or detrimentally affected. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.525 & 537.621 History: WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0150 Proposed Final Order (1) In developing the proposed final order, the Department shall consider all comments received under OAR 690-310-0090(4), 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; (d) The amount of water necessary for the proposed use; (e) An assessment of whether the proposed use would result in injury to existing water rights; (f) If the application is for the use of surface water, an assessment of whether the proposed use would impair or be detrimental to the public interest as provided in ORS 537.170; (g) If the application is for the use of ground water, an assessment of whether the proposed use would ensure the preservation of the public welfare, safety and health as described in ORS 537.525; (h) Whether the rebuttable presumption set forth in OAR 690-310-0110 or 690-310-0130 has been established; (i) If the public interest presumption is established, the Department's determination as to whether the presumption is overcome. (j) An assessment of the measures, if any, proposed by the applicant to prevent waste, measure the amount of water diverted, prevent damage to aquatic life and riparian habitat, prevent discharge of contaminated water to a surface stream and to prevent damage to public uses of any affected surface waters; (k) A draft permit, including any proposed conditions, or a recommendation to deny the application; (l) The date by which protests to the proposed final order and requests for standing must be received by the Department; and (m) The date by which the applicant must request a contested case hearing under OAR 690-310-0170. (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. Within seven days after issuing the proposed final order, the Department also 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 690-310-0090, the notice of the proposed final order also shall include a brief explanation of the requirement to raise all issues under OAR 690-310-0160(4). Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.153 & 537.621 History: WRD 1-2012, f. 1-31-12, cert. ef. 2-1-12 WRD 5-2004, f. & cert. ef. 6-15-04 WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0160 Protests and Standing to Participate in Further Proceedings (1) Any person may submit a protest against a proposed final order. A protest shall be in writing and shall include: (a) The name, address and telephone number of the protestant; (b) A description of the protestant's interest in the proposed final order and, if the protestant claims to represent the public interest, a precise statement of the public interest represented; (c) A detailed description of how the action proposed in the proposed final order would impair or be detrimental to the protestant's interest; (d) A detailed description of how the proposed final order is in error or deficient and how to correct the alleged error or deficiency; (e) Any citation of legal authority supporting the protest, if known; and (f) For persons other than the applicant, the protest fee required under ORS 536.050. (2) Any person who supports the proposed final order may request standing for purposes of participating in any contested case proceeding on the proposed final order or for judicial review of a final order. (3) The request for standing must be in writing, signed by the requester, and include the following: (a) The requester's name, mailing address and telephone number; (b) If the requester is representing a group, association or other organization, the name, address and telephone number of the represented group; (c) A statement that the requester supports the proposed final order as issued; (d) A detailed statement of how the requester would be harmed if the proposed final order is modified; and (e) The fee established under ORS 536.050. (4) Any person who has filed a timely request for standing may later file a petition for intervention in any contested case hearing subsequently held on the matter for which standing was requested, in the manner described in OAR 690-002-0105. (5) Each person submitting a protest or a request for standing shall raise all reasonably ascertainable issues and submit all reasonably available arguments supporting the person's position by the close of the protest period. Failure to raise a reasonably ascertainable issue in a protest or in a hearing or failure to provide sufficient specificity to afford the Department an opportunity to respond to the issue precludes judicial review based on that issue. (6) Requests for standing and protests on the proposed final order shall be submitted within 45 days after publication of the notice of the proposed final order in the weekly notice published by the Department. Any person who asks to receive a copy of the Department's final order shall submit to the Department the fee required under ORS 536.050, unless the person has previously paid the fee. (7) Within 10 days after the close of the filing period established under section (6) of this rule, the Department shall send a copy of all protests and requests for standing received to the applicant, the protestant(s), if any, and to each person who requested standing. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.153, 537.170, 537.621 & 537.622 History: WRD 5-2004, f. & cert. ef. 6-15-04 WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0170 Determination of Director to Refer Application for Contested Case Hearing, Final Order of Director (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 OAR 690-310-0190 or 690-310-0200; 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 690-310-0160 and requests a contested case hearing. (3) As soon as possible after making a determination under subsection (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 procedure each must follow to participate in the contested case hearing. Such notification to the participants shall not be considered to be the scheduling of the contested case hearing for purposes of the running of the 45-day time period under OAR 690-310-0180. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.153 & 537.621 History: WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0180 Conduct of Contested Case (1) Within 45 days after the Director schedules a contested case hearing under OAR 690-310-0170, the Department shall hold the contested case hearing, which shall be conducted in accordance with the provisions of OAR 690, division 2. The issues to be considered in the contested case hearing shall be limited to issues identified by the hearings officer. (2) The parties to any contested case hearing initiated under this section 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 690-310-0160, pays the fee required under ORS 536.050 for participating in the contested case hearing and requests to intervene in the contested case hearing prior to the start of the proceeding. (3) The contested case proceeding shall be conducted in accordance with the applicable provisions of ORS 183.310 to 183.550 except: (a) As provided in sections (1) and (2) of this rule; and (b) An interlocutory appeal under ORS 183.480(3) shall not be allowed. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.170 & 537.622 History: WRD 5-2004, f. & cert. ef. 6-15-04 WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0190 Final Order for Proposed Use of Surface Water 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 of surface water does not comply with the standards set forth in ORS 543.017 or rules adopted by the Water Resources Commission under ORS 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 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 of surface water would not impair or be detrimental to the public interest, the Director shall issue a final order approving the application or otherwise modifying the proposed final order. A final order may set forth any of the provisions or restrictions to be included in the permit concerning the use, control and management of the water to be appropriated for the project, including, but not limited to, a specification of reservoir operation and minimum releases to protect the public interest. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.170 History: WRD 1-1996, f. & cert. ef. 1-31-96