Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 13 - PETITION TO CHANGE DEPARTMENT RECORDS WITHIN WATER DISTRICTS › Section 690-013-0310 - Processing of Petition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 the Department receives a petition and map the Director shall examine the
			 petition and map under OAR 690-013-0350. If, after the petitioner has had an
			 opportunity to correct identified deficiencies, this examination shows that the
			 district has met the requirements of ORS
			 541.325 to
			 541.333 and that the proposed
			 changes would not result in injury to existing water rights, the Director shall
			 issue a proposed order approving the petition as submitted or as modified. If
			 the Director proposes to deny a petition, the Commission shall hold a hearing
			 as described in section (5) of this rule.
(2) The Director shall provide public notice
			 of all proposed orders through publication in the Department's Weekly Summary
			 of Applications Filed. The Director shall also mail a summary of the proposed
			 order to the planning department of each affected local government, to a
			 newspaper of general circulation within the affected area, to any person who
			 has requested notification of proposals and any other parties the Director
			 determines should be notified. These notice requirements shall not affect
			 petitioner's notice responsibilities under ORS
			 541.329.
(3) Within 30 days after a proposed order is
			 issued the petitioner shall provide notice to the owners of all lands whose
			 rights, as recorded in the state's records or in the district's records, would
			 be altered by the proposed order. This notice shall be sent to the last-known
			 address of the landowner, with a return receipt requested. The notice shall
			 include the number of acres of land, or its equivalent, for which the landowner
			 is being assessed, if any, a general description or tax lot number of the land
			 whose right will be altered, and a description of the use. In addition to the
			 notice of the proposed order sent to the landowners, for proposed orders issued
			 by the Department prior to February 1, 2012, the petitioner shall publish at
			 the same time notice in a newspaper having general circulation in the area in
			 which the water rights are located for a period of at least three weeks, but
			 for proposed orders issued on or after February 1, 2012, for a period of at
			 least two weeks. Not less than one publication in each week shall be made. The
			 notice shall state:
(a) The number of acres of
			 water right that each parcel shall receive;
(b) That the proposed map and order are
			 available for inspection at the office of the petitioner during normal business
			 hours for a period of 120 days from the date of first publication;
(c) That 120 days after the date of first
			 publication, the Commission shall approve the petition and map and issue a
			 final order unless a protest is filed or the petition does not meet the
			 requirements of ORS 541.325 to
			 541.333; and
(d) That a landowner whose right of record is
			 to be altered by the proposed order has the right to protest the proposed order
			 and map.