OAR 690-033-0340
Statewide Rules: Public Interest Review Presumption
(1)
Nothing in these rules delegates the authority of the Department to make final decisions on permit applications.(2)
Consistent with 690-033-0340 (Statewide Rules: Public Interest Review Presumption)(1), the Department shall follow the recommendations of the interagency review team in determining whether the presumption is established pursuant to OAR 690-310-0110 (Public Interest Presumption; Surface Water) or 690-310-0130 (Public Interest Presumption; Groundwater). In completing the remainder of the public interest determination under 690-310-0120 (Public Interest Review; Surface Water) or 690-310-0140 (Public Interest Review; Groundwater), the Department shall follow the recommendations of the interagency review team unless it finds:(a)
The proposed use provides significant basin wide public benefits beyond the benefits to the applicant;(b)
There are no other reasonable and prudent alternatives to the proposed use;(c)
The benefits of the proposed use to the public under ORS 537.170 (Contested case hearing on application)(8) outweigh the benefits of the alternatives that would conserve the species; and(d)
All reasonable mitigation measures necessary to minimize the effect of the proposed use on the species have been implemented; or(e)
A specific basin program has been amended significantly to protect sensitive, threatened or endangered fish species and allows the proposed use.(3)
The Department shall include its findings and conclusions in the proposed final order.
Source:
Rule 690-033-0340 — Statewide Rules: Public Interest Review Presumption, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-033-0340.