reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 54 - CONVERSION OF A HYDROELECTRIC WATER RIGHT TO AN INSTREAM WATER RIGHT › Section 690-054-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context requires otherwise, the following
				definitions apply in OAR Chapter 690, Division 54:
(1) "Actual Use" means:
(a) For a Project, the maximum amount of
			 water, expressed in cubic feet per second (cfs), legally diverted through the
			 hydroelectric turbine to produce electricity for each month of the year,
			 including those months in which no water was used, pursuant to a Hydroelectric
			 Water Right, based on documents available to the Department; or
(b) For Other Existing Water Right(s) as of
			 October 23, 1999, the amount of water, expressed in cfs, legally diverted and
			 beneficially used, based on documents available to the Department;
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 54 - CONVERSION OF A HYDROELECTRIC WATER RIGHT TO AN INSTREAM WATER RIGHT › Section 690-054-0020 - Notice of Consideration for Conversion: Eligibility Determinations and Preliminary Findings of Fact

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of a notice of consideration for conversion to
				an Instream Water Right, the Director shall make the following eligibility
				determinations and preliminary findings of fact:
(1) The Director shall determine whether a
			 Hydroelectric Water Right associated with a Project is eligible for conversion
			 to an Instream Water Right. A Hydroelectric Water Right is eligible for
			 conversion if one of the following criteria is met:
(a) Use of water under the Hydroelectric
			 Water Right has ceased for a period of five years;
(b) A time-limited Hydroelectric Water Right
			 has expired and has not been extended or Reauthorized;
(c) The Hydroelectric Water Right was
			 transferred under ORS
			 540.520 and
			 540.530 and has expired; or
(d) The
			 Director has received written consent of the Holder;
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 54 - CONVERSION OF A HYDROELECTRIC WATER RIGHT TO AN INSTREAM WATER RIGHT › Section 690-054-0030 - Notice of Consideration for Conversion: Requirements and Comment Period

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director
			 shall prepare a notice of consideration for conversion with a 30 calendar day
			 comment period. The notice shall include the following information:
(a) The eligibility determinations and
			 preliminary findings of fact identified in OAR 690-054-0020;
(b) The county or counties in which the
			 Project is located;
(c) The Project
			 file number, permit, certificate, or decree volume and page;
(d) The name of the surface water
			 source(s);
(e) The location of the
			 point of diversion used for the Project; and
(f) A request for comments on the proposed
			 conversion, including the date by which comments must be received.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 54 - CONVERSION OF A HYDROELECTRIC WATER RIGHT TO AN INSTREAM WATER RIGHT › Section 690-054-0050 - Notice of Proposed Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The proposed final order shall be:
(a)
			 Distributed to the Holder and to all individuals, including all governmental
			 entities, who have filed timely comments with the Department; and
(b) Published in the Department's weekly
			 notice publication.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 54 - CONVERSION OF A HYDROELECTRIC WATER RIGHT TO AN INSTREAM WATER RIGHT › Section 690-054-0060 - Filing of Protests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All protests
			 and comments must be received by the Director within the time specified in the
			 notice of proposed final order. To become a party to a contested case hearing
			 the fees required under ORS
			 536.050 must also be submitted by the date specified in the notice.
(2) 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 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) Statements of facts which support the
			 allegation that the proposed conversion instream should not be acted upon as
			 proposed by the proposed final order.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 54 - CONVERSION OF A HYDROELECTRIC WATER RIGHT TO AN INSTREAM WATER RIGHT › Section 690-054-0070 - Time and Place of Hearings, Exceptions, Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The conduct of contested hearings shall
			 be as provided in OAR 137-003-0501  to 137-003-0700.
(2) If the proposed conversion is referred
			 for a contested case hearing, a proposed order shall be issued by the
			 Administrative Law Judge (ALJ) after the hearing. Any party to the contested
			 case hearing may file exceptions to the ALJ's proposed order. Exceptions must
			 be filed with the Department within 30 calendar days of the order. If no
			 exceptions are filed to the ALJ's proposed order within 30 calendar days, the
			 Director shall issue a final order consistent with section (4).
(3) If exceptions are filed to the ALJ's
			 proposed order, the Director may review or hear argument, either written or
			 oral, and make the final determination for the final order.
(4) If, after the contested case hearing or,
			 if a hearing is not held, after the close of the protest period as defined in
			 OAR 690-054-0050, the Director determines the proposed conversion would not
			 comply with ORS
			 543A.305 and OAR Chapter 690 Division 54, the Director shall:
(a) Issue a final order denying the
			 conversion to an Instream Water Right; or
(b) Modify the proposed order to comply with
			 ORS
			 543A.305 and OAR Chapter 690 Division 54, and issue a final order approving the
			 conversion to an Instream Water Right.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 54 - CONVERSION OF A HYDROELECTRIC WATER RIGHT TO AN INSTREAM WATER RIGHT › Section 690-054-0080 - Issuance of Instream Water Right Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
After the Director issues a final order approving the
				conversion of a Hydroelectric Water Right to an Instream Water Right, the
				Department shall issue a certificate for an Instream Water Right. Each Instream
				Water Right is allocated individually and shall not be additive to other
				Instream Water Rights. The certificate shall be in the name of the Department
				as trustee for the people of the State of Oregon. A certificate for an Instream
				Water Right supplied by stored water shall describe the reservoir.
Statutory/Other Authority: ORS
				  536.027
Statutes/Other Implemented: ORS
				  543A.305
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 76 - ESTABLISHMENT OF MINIMUM PERENNIAL STREAMFLOWS › Section 690-076-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Establishment of minimum perennial streamflows is a high
				priority of the Water Resources Commission and Water Resources Department.
				Minimum perennial streamflows are established as administrative rules to
				support fish and aquatic life or minimize pollution. Minimum streamflows are
				included in applicable basin program statements. These rules include the
				definitions, standards, process and criteria for the evaluation of minimum
				perennial streamflow applications submitted by the Department of Fish and
				Wildlife or the Department of Environmental Quality to the Water Resources
				Commission under the provisions of ORS
				536.325.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 76 - ESTABLISHMENT OF MINIMUM PERENNIAL STREAMFLOWS › Section 690-076-0015 - Effect of Minimum Perennial Streamflows

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except for those uses exempted by a
			 minimum streamflow, use of water under a permit or right with priority date
			 later than the priority date of an established minimum streamflow will not be
			 allowed when flows are below the minimum streamflow level. Use of water under
			 rights and permits with priority dates earlier than the minimum streamflow is
			 not affected. Nothing in these rules is intended to affect the preference for
			 human and livestock consumption under ORS
			 536.310(12).
(2) The priority date of minimum streamflows
			 established as the result of action on an application by Oregon Department of
			 Fish and Wildlife or Oregon Department of Environmental Quality is the date of
			 application. When an existing minimum streamflow is modified, the earlier
			 minimum streamflow priority date remains in effect for the previous amount or
			 the level of the modified minimum streamflow, whichever is less.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 76 - ESTABLISHMENT OF MINIMUM PERENNIAL STREAMFLOWS › Section 690-076-0018 - Application Standards for Minimum Perennial Streamflows

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission will accept applications
			 for minimum perennial streamflows to support aquatic life or minimize pollution
			 submitted by the Department of Fish and Wildlife or the Department of
			 Environmental Quality on or after January 1, 1986.
(2) A complete application shall contain the
			 following information:
(a)
			 Applicant;
(b) Stream
			 name;
(c) The body of water to
			 which the stream is tributary;
(d)
			 Name of major river basin;
(e) Map
			 with flow location;
(f) Purpose(s)
			 of flow;
(g) Requested flow in
			 cubic feet per second (cfs);
(h)
			 Method of determining requested minimum streamflow needs and date of study or
			 evaluation;
(i) Period of year, if
			 any, when streamflow is believed to be frequently lower than requested
			 levels;
(j) Suggested long-range
			 methods of achieving minimum streamflow objectives during any periods of
			 shortage;
(k) A completed land use
			 coordination statement as provided in the Department's Land Use Planning
			 Procedures Guide. At a minimum, the statement shall:
(A) Identify affected local government
			 pursuant to OAR
			 690-076-0010;
(B) Explain the purpose of the minimum
			 streamflow;
(C) Invite planning
			 directors to identify and provide policies or provisions in comprehensive plans
			 relating to instream flow protection or other uses of the waters under
			 consideration; and
(D) Offer an
			 opportunity for local government officials to discuss the proposed minimum
			 streamflow with the applicant(s) and Department.
(l) Additional data identified in section (3)
			 and/or (4) of this rule.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 76 - ESTABLISHMENT OF MINIMUM PERENNIAL STREAMFLOWS › Section 690-076-0020 - Review Process for Applications

Current through Register Vol. 63, No. 7, July 1, 2024
After receipt of an application for a minimum perennial
				streamflow, the Commission shall establish a schedule to complete a decision on
				the requested flow within one year. The schedule shall provide for the
				following review process:
(1) The
			 Department will record the date an application is received. If the Department
			 finds the application incomplete, it will be returned to the applicant with the
			 return date noted. The application will retain the priority date if sufficient
			 information is provided within 30 days from the return of the
			 application.
(2) The Department
			 will distribute initial information on the application under consideration and
			 invite public comments on the requested minimum perennial streamflow and other
			 water needs and problems within the stream subbasin. The application will be
			 available for the public review. Public notice will be given to news media of
			 the basin, state agencies, the planning departments of affected local
			 governments, county com-missioners, city council members and sent to the
			 administrative rules mailing list. The Director may presume that the proposed
			 minimum streamflow is compatible with the affected laws, regulations, and
			 comprehensive plans of those agencies notified if no response is received
			 within 60 days of the date shown on the notice. The Department will also mail
			 the land use coordination statement referenced in OAR
			 690-076-0018(2)(k)
 
			 to the planning departments of affected local governments. In the event of a
			 land use dispute, as defined in
			 690-005-0015  (Definitions), the Director or Commission shall follow procedures provided in
			 690-005-0040  (Resolution of Land Use Disputes). Interested persons may request written
			 notification of the required public hearing.
(3) The department staff will analyze
			 stream-flow and water use information and prepare a recommendation based on
			 information listed in OAR
			 690-076-0025  and
			 the review standards in
			 690-076-0030.
(4) The Commission will schedule a hearing on
			 the minimum streamflow application. If more than one application is pending in
			 the same basin, hearings may be consolidated. The hearing may also encompass
			 any supplemental action proposed by the Commission. The following material
			 shall be available for public review at the time notice of the public hearing
			 is published with the Secretary of State:
(a)
			 Minimum streamflow application(s);
(b) Preliminary findings and analysis of
			 alternatives by the Department;
(c)
			 Proposed action, including proposed findings and conclusions and a statement of
			 reasons supporting the proposed action.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 76 - ESTABLISHMENT OF MINIMUM PERENNIAL STREAMFLOWS › Section 690-076-0025 - Information Base

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 and Commission shall consider the following information to the extent
			 available, when evaluating applications:
(a)
			 Items of information listed in OAR
			 690-076-0018(2)
			 through (5);
(b) Water permits and rights of record and
			 information pertaining to actual use of water;
(c) Existing instream uses;
(d) Stream gage records or estimates of
			 flow;
(e) Existing water supply and
			 water quality problems;
(f) Water
			 needs for existing and planned beneficial uses and seasonal characteristics of
			 water demands;
(g) Sources of water
			 supply in the subbasin considering: groundwater, surface water, planned actions
			 or potential for developing storage sites, conserving water, enhancing riparian
			 zones and enhancing watershed yield;
(h) Basin water use programs;
(i) Statutory and administrative restrictions
			 on water use;
(j) Acknowledged
			 comprehensive land use plans;
(k)
			 Benefits and values from existing and planned uses of surface water in the
			 subbasin;
(l) Benefits and values
			 of potential water uses.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 76 - ESTABLISHMENT OF MINIMUM PERENNIAL STREAMFLOWS › Section 690-076-0030 - Review Standards

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission will apply the following standards when
				reviewing a minimum perennial streamflow application.
(1) The Commission will assume the purposes
			 of the minimum streamflow are as important as other water uses and approve the
			 requested minimum stream flow or a more appropriate level unless another use is
			 found to be of greater importance.
(2) Minimum perennial streamflows may be
			 established on streams where appropriations have depleted the flow below the
			 proposed minimum perennial streamflow in some reaches for some period of time
			 if the Commission concludes that the action will result in public benefit for
			 support of aquatic life or minimizing pollution.
(3) The Commission may identify another use
			 as being of greater importance than the purpose of the minimum flow and may
			 reject an application from the Department of Fish and Wildlife or the
			 Department of Environmental Quality if:
(a)
			 Appropriations have depleted streamflows below the proposed minimum perennial
			 streamflow during all or a part of the year and the need to protect water
			 sources to supplement existing inadequately supplied water uses is of greater
			 importance;
(b) Little potential
			 exists for developing a water supply to meet the flow objectives in the future
			 without causing a detrimental impact on more important existing and planned
			 uses;
(c) A more important planned
			 water use could be served by unappropriated streamflow which could not be
			 served by an alternative source if the minimum streamflow were
			 adopted;
(d) A more important use
			 is identified based on state or federal statutory or administrative provisions
			 or acknowledged local comprehensive land use plans that state a preference for
			 another water use which could not be adequately served if the minimum flow
			 application were approved; or
(e)
			 The general economic, social and environmental benefits associated with a
			 planned water use(s) are found to be of greater value than benefits and values
			 identified in the application and hearing record from establishing the minimum
			 streamflow.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 76 - ESTABLISHMENT OF MINIMUM PERENNIAL STREAMFLOWS › Section 690-076-0035 - General Provisions and Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may identify potential
			 water storage sites needed to encourage, promote and secure the maximum
			 beneficial uses and control of the water resources under consideration in the
			 evaluation of a minimum perennial streamflow. The Commission may reserve by
			 classification specific quantities of water to assure supplies sufficient to
			 meet future storage development requirements and minimum streamflows.
(2) In addition to the proposed action on the
			 minimum perennial streamflow application the Commission may propose and
			 consider at the same hearing, classification or reclassification of streams,
			 withdrawal of waters from further appropriation, or amending basin water use
			 programs. The supplemental actions under consideration shall either contribute
			 to the objectives of supporting aquatic life and minimizing pollution or
			 preserving water supply for a use that is found to be more important than the
			 purpose of the minimum streamflow.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this Division is to establish the policy, procedures, criteria, standards and
			 definitions which shall be applied by the Department and Commission in the
			 evaluation of applications for establishing instream water rights.
(2) This Division also provides for the
			 conversion of existing minimum streamflows to instream water rights; for the
			 instream transfer or lease of existing water rights for use as instream water
			 rights; and for the enforcement of instream water rights which are held in
			 trust by the Water Resources Department to protect the public uses.
(3) In 1987, the Legislature created a new
			 type of water right called an instream water right. Instream water rights are
			 established by certificate from the Water Resources Commission or by an order
			 approving a time-limited instream transfer or lease, pursuant to ORS
			 537.332 to
			 537.360, to maintain and support
			 public uses within natural streams and lakes. These public uses include, but
			 are not limited to, recreation, scenic attraction, aquatic and fish life,
			 wildlife habitat and ecological values, pollution abatement and navigation.
			 Instream water rights may also be established as a result of the allocation of
			 conserved water under
			 537.455 to
			 537.500 and
			 540.510 (OAR chapter 690,
			 division 18).
(4) In 2001, the
			 Legislature authorized the split season use leasing of water rights for
			 instream purposes. Under ORS
			 537.348(3), all
			 or a portion of an existing water right may be used for the existing use and
			 for instream use during the same year, provided that the uses are not
			 concurrent and that the holders of the water rights measure and report to the
			 Water Resources Department the use of the existing water right and the instream
			 water right.
(5) Instream water
			 rights differ from other water rights because control or diversion of the water
			 is not required. Instream water rights are held in trust by the Water Resources
			 Department but are regulated and enforced like all other water
			 rights.
(6) Instream water rights
			 do not take away or impair any legally established right to the use of water
			 having an earlier priority date than the instream right.
Stat. Auth.: ORS
				  536.025,
				  536.027,
				  536.220,
				  536.300,
				  536.310,
				  537.338 &
				  537.356 -
				  537.358
Stats. Implemented: ORS
				  537.332 -
				  537.360
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0015 - General Statements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Instream water rights shall not take away or impair any permitted, certificated
			 or decreed right to any waters or to the use of any rights vested prior to the
			 date of the instream water right.
(2) The implementation of the instream water
			 rights law is a means of achieving an equitable allocation of water between
			 instream public uses and other water uses. When instream water rights are set
			 at levels that exceed current unappropriated water available the water right
			 not only protects remaining supplies from future appropriation but establishes
			 a management objective for achieving the amounts of instream flows necessary to
			 support the identified public uses.
(3) The amount of appropriation for
			 out-of-stream purposes shall not be a factor in determining the amount of an
			 instream water right.
(4) If
			 natural streamflow or natural lake levels are the source for meeting instream
			 water rights, the amount allowed during any identified time period for the
			 water right shall not exceed the estimated average natural flow or level
			 occurring from the drainage system, except where periodic flows that exceed the
			 natural flow or level are significant for the applied public use. An example of
			 such an exception would be high flow events that allow for fish passage or
			 migration over obstacles.
(5)
			 Unless the Director determines otherwise, for instream water rights established
			 through instream transfers, leases, or allocations of conserved water, it is
			 presumed that flows that exceed the estimated average natural flow or natural
			 lake levels are significant for the applied public use, if the criteria in
			 Subsection (5)(a) and (b), or in Subsection (5)(a) and (c) are met:
(a) The flow does not exceed the maximum
			 amount of any instream water right application applied for under OAR
			 690-077-0020  for the same reach or portion thereof, and for the same public
			 use.
(b) For the specified time
			 period that flows are requested to exceed the estimated average natural flow or
			 lake level, the stream is in an ODFW flow restoration priority
			 watershed.
(c) The stream is listed
			 as water quality limited and DEQ has provided scientific information that
			 demonstrates that increased flows would improve water quality.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0019 - Process for Instream Water Right Certificate Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in ORS
			 537.343, the Department shall
			 process a request received under
			 537.336 for a certificate for an
			 instream water right in accordance with the provisions for obtaining a permit
			 to appropriate water under
			 537.140 to
			 537.250, and the policies under
			 537.332 to
			 537.360.
(2) Nothing in ORS
			 183.310 to
			 183.550 shall be construed to
			 allow additional persons to participate in the process. To the extent that any
			 provision in 183.310 to
			 183.550 conflicts with a
			 provision in 537.120 to
			 537.360, the provisions in
			 537.120 to
			 537.360 shall control.
(3) Pursuant to Section 46, Chapter 416,
			 Oregon Laws 1995, for each application described under OAR 690-077-0000  that
			 was pending or filed with the Commission or the Department on June 30, 1995,
			 the Department shall determine an appropriate step in the process established
			 in Chapter 416, Oregon Laws 1995 and this division at which to continue the
			 application process for the application. The definitions and provisions of this
			 division shall be applied as appropriate, to reflect the step determined by the
			 Department.
Stat. Auth.: ORS
				  536.025,
				  536.027,
				  537.140 -
				  537.250 &
				  537.332 -
				  537.360
Stats. Implemented: ORS
				  537.332 -
				  537.360
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0020 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only
			 ODFW, DEQ and Parks are authorized to submit applications to the Department to
			 establish instream water rights. Applications may be submitted at any
			 time.
(2) To promote coordination,
			 ODFW, DEQ and Parks shall notify each other of the proposed applications prior
			 to submittal to the Department. The applying agency should notify the other
			 agencies of its intent to develop an instream water right application on a
			 specified stream or lake. Notice should be given as early as possible and the
			 other agencies should respond as soon as possible if they would like to
			 incorporate the public uses each is responsible for into the
			 application.
(3) After October 28,
			 1989, all applications for instream water rights shall be based on methods of
			 determining instream flow needs that have been approved by administrative rule
			 of the agencies submitting the applications.
(4) Applications to establish instream water
			 rights shall be submitted in writing and shall include the following:
(a) The name(s) and address(es) of the
			 agency(ies) applying;
(b) The
			 public uses to be served by the requested instream water right and the flows
			 necessary to support the public uses;
(c) Stream or lake name;
(d) If a stream, the reach delineated by
			 river mile and stream to which it is tributary;
(e) The appropriate section of a Department
			 basin map with the applicable lake or stream reach identified;
(f) The instream flow requested by month and
			 year in cubic feet per second or acre-feet or lake elevation;
(g) A description of the technical data and
			 methods used to determine the requested amounts;
(h) Evidence of notification of other
			 qualified applicant agencies;
(i)
			 If a multi-agency request, the amounts and times requested for each category of
			 public use;
(j) Identification of
			 affected local governments (pursuant to OAR 690-077-0010) and copies of letters
			 notifying each affected local government of the intent to file the instream
			 water right application;
(k)
			 Written documentation of how the agency applying for an instream water right
			 has complied with the requirements contained in its own administrative rules
			 for instream water rights, including application of the required methods to
			 determine the requested flows.
(l)
			 Any other information required in the application form that is necessary to
			 evaluate the application in accordance with applicable statutory
			 requirements.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0027 - Completeness Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 15
			 days after receiving an application, the Department shall determine whether the
			 application contains the information required under OAR 690-077-0020(4)  and is
			 complete and not defective. If the Department determines that the application
			 is incomplete or defective, the Department shall return the
			 application.
(2) Upon determining
			 that an application contains the information listed under OAR 690-077-0020(4)
 
			 and is complete and not defective, the Department shall endorse on the
			 application the date upon which the application was received for filing at the
			 Department, which shall be the priority date for any water right issued in
			 response to the application. All applications that comply with the provisions
			 of law shall be recorded in a suitable book kept for that purpose.
(3) 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 prohibited by ORS Chapter
			 538, the Department shall reject the application and return the application
			 with an explanation of the statutory prohibition.
Stat. Auth.: ORS
				  537.150 & 538
Stats. Implemented: ORS
				  537.332 -
				  537.360
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0029 - Initial Review

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0031 - Public Notice and Comments

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0033 - Public Interest Presumption

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0037 - Public Interest Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Unless the applicant requests withdrawal of an application following the
			 initial review described in OAR 690-077-0029, before issuing a proposed final
			 order, the Department shall determine whether the public interest presumption
			 is established for the proposed water use, as described in
			 690-077-0033.
(2) If the Department
			 determines that the public interest presumption is not established, the
			 Department shall determine whether the proposed use will impair or be
			 detrimental to the public interest considering the factors listed in ORS
			 537.170(8) and
			 may either:
(a) Propose denial of the
			 application upon a finding that the use will impair or be detrimental to the
			 public interest; or
(b) Make
			 specific findings to demonstrate that even though the presumption is not
			 established, the proposed use will not impair or be detrimental to the public
			 interest and propose approval of the application with appropriate modifications
			 or conditions.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0039 - Proposed Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0043 - Protests and Standing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0046 - Determination to Hold a Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0047 - Final Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0048 - Final Public Interest Determination

Current through Register Vol. 63, No. 7, July 1, 2024
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(8).
Stat. Auth.: ORS
				  536.025,
				  536.027,
				  537.170 &
				  537.338
Stats. Implemented: ORS
				  537.332 -
				  537.360
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0049 - Statement of Findings

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  536.025,
				  536.027,
				  536.220,
				  536.300,
				  536.310,
				  537.338 &
				  537.356 -
				  537.358
Stats. Implemented: ORS
				  537.332 -
				  537.360
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0051 - Contested Case Hearing on Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  536.025,
				  536.027,
				  537.170 &
				  537.338
Stats. Implemented: ORS
				  537.332 -
				  537.360
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0052 - Time Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0053 - Issuance of Instream Water Right Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  536.025,
				  536.027,
				  537.338 &
				  537.341
Stats. Implemented: ORS
				  537.332 -
				  537.360
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0054 - Conversion of Minimum Perennial Streamflows to Instream Water Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0055 - Disposition of Minimum Perennial Stream-flows

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 536 & 537
Stats. Implemented: ORS 536 & 537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0065 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall promote and facilitate potential instream transfers and leases
			 under ORS 537.348 that would provide
			 benefits for public uses.
(2) The
			 Department encourages irrigation districts and other water purveyors to develop
			 single lease applications that pool individual water rights and ownerships that
			 are to be leased during the same term.
(3) Department personnel shall review all
			 instream transfer or lease applications pursuant to OAR 690-077-0070  through
			 690-077-0079  to assure that they comply with these rules and, if possible, to
			 develop conditions to prevent enlargement of the original right or injury to
			 other water right owners.
(4)
			 Completed lease applications submitted pursuant to OAR 690-077-0076, including
			 signatures of lessor and lessee (if applicable), and all necessary attachments
			 or exhibits, must be received by the Department's Salem office prior to July 1,
			 or for year around uses, must be received prior to October 1. Completed lease
			 applications received after this date shall be returned or, at the request of
			 the applicant, be processed to be effective for the next calendar year. At the
			 discretion of the Director, an application may be received and processed after
			 this date during the current year.
(5) The Department may compile descriptive
			 information to assist all parties in addressing technical issues related to
			 instream transfers and leases, including but not limited to describing injury
			 and enlargement issues, determining whether a proposed instream water right
			 would support a public use, setting the location of a proposed instream water
			 right and making agreements for measuring and monitoring the instream water
			 right. The descriptive information shall not restrict new leases, but shall
			 offer options that have been used in earlier leases to ensure compliance with
			 OAR chapter 690, division 77.
(6)
			 The Department may prepare lease application forms that include the
			 requirements listed in OAR 690-077-0076(3)  and any additional information the
			 Department deems necessary to comply with the policies of OAR chapter 690,
			 division 77 and to reflect the nature of the water rights subject to being
			 leased instream. For example, a special form could be prepared for an
			 irrigation district to sponsor a single lease application that involved
			 multiple water right owners.
Stat. Auth.: ORS
				  536.027 &
				  537.332 - 539.360
Stats. Implemented: