OAR 690-028-0029
Review of Registration Statements and Orders of Registration
(1)
When a registration statement is received in acceptable form by the Department, the Department shall indorse on the registration the date it was received. The statement shall be filed and an acknowledgement letter sent to the registrant. A copy of the claim shall be sent to the watermaster.(2)
Notice of each registration shall be published in the Department’s public notice of applications. Notice may also be published in a newspaper within the general area of the claim.(3)
The Department shall review each registration to identify new or conflicting uses of water and those persons that may be impacted by enforcement of the claim. If two or more persons are impacted by the registration, then an informational public hearing may be scheduled to determine the extent of the problem. Additional information may be requested of the registrant. Persons may meet at their own discretion to stipulate agreements for the Director to review. A field inspection may be made of any registration.(4)
The Director shall prepare a proposed order of registration for each registration. If the registration is affirmed or modified the Director shall identify:(a)
The name and mailing address of the claimant;(b)
The claimed beneficial use of the water and the amount allowed;(c)
The stream from which the water is diverted or in which the instream right is reserved;(d)
The tentative priority date of the claimed use of water;(e)
The period of the year during which the claimed use of water is allowed;(f)
Location of the claim within the township and range, by quarter-quarter section, Donated Land Claim, or Government Lot;(g)
The location of the diversion point by reference to an established public land survey corner;(h)
The location of the place of use, and if for irrigation, the area irrigated in each quarter-quarter section; and(i)
Any conditions or stipulation that have been added to the registration, such as flow monitoring requirements.(5)
If the registration is rejected the Director shall state the basis for the rejection.(6)
Upon completion of the review, the Director shall mail a copy of the proposed order of registration to the registrant. The registrant may petition for a hearing within 20 days under ORS 183.415 (Notice of right to hearing) to 183.470 (Orders in contested cases). If no hearing is requested the proposed order of registration becomes a final order of registration. The final order of registration shall be entered into the records of the Department and mailed to the registrant and the watermaster.(7)
A registrant may modify a claim prior to the final order of registration being entered. All modifications are subject to review under this rule, and no refunds of fees shall be awarded based on any modification.(8)
Upon entry of the Director’s final order of registration the registrant is prima facie entitled to appropriate the water to the extent and in the manner disclosed in the recorded registration statement and final order of registration.(9)
No registration statement recorded under this chapter or affirmed or modified by a final order of registration under OAR 690-028-0029 (Review of Registration Statements and Orders of Registration) shall be construed as a final determination of any matter stated therein. The right of the registrant to appropriate surface or spring water under a recorded registration statement is subject to a determination under ORS 539.010 (Protection of water rights vested or initiated prior to February 24, 1909) to 539.240 (Claim to undetermined right to appropriate surface water), and is not final or conclusive until so determined.
Source:
Rule 690-028-0029 — Review of Registration Statements and Orders of Registration, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-028-0029.