OAR 690-077-0029
Application Processing: 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 OAR 690-077-0027 (Application Processing: Completeness Review), 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 and allow the applicant 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. If the Department receives no timely response from the applicant, the Department shall proceed with the review of the application.

Source: Rule 690-077-0029 — Application Processing: Initial Review, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-077-0029.

690‑077‑0000
Purpose 690‑077‑0010
Definitions 690‑077‑0015
General Statements 690‑077‑0019
State Agency Instream Water Right Applications: Process for Instream Water Right Certificate Requests 690‑077‑0020
State Agency Instream Water Right Applications: Application Requirements 690‑077‑0027
Application Processing: Completeness Review 690‑077‑0029
Application Processing: Initial Review 690‑077‑0031
Application Processing: Public Notice and Comments 690‑077‑0033
Application Processing: Public Interest Presumption 690‑077‑0037
Application Processing: Public Interest Review 690‑077‑0039
Application Processing: Proposed Final Order 690‑077‑0043
Application Processing: Protests and Standing 690‑077‑0046
Application Processing: Determination to Hold a Contested Case Hearing 690‑077‑0047
Application Processing: Final Orders 690‑077‑0048
Application Processing: Final Public Interest Determination 690‑077‑0049
Application Processing: Statement of Findings 690‑077‑0051
Application Processing: Contested Case Hearing on Final Order 690‑077‑0052
Application Processing: Time Requirements 690‑077‑0053
Application Processing: Issuance of Instream Water Right Certificate 690‑077‑0054
Conversion of Minimum Perennial Streamflows to Instream Water Rights 690‑077‑0055
Disposition of Minimum Perennial Stream-flows 690‑077‑0065
Instream Transfers and Leases: General Provisions 690‑077‑0070
Application for Instream Transfer 690‑077‑0075
Processing an Instream Transfer Application 690‑077‑0076
Application for an Instream Lease 690‑077‑0077
Processing an Instream Lease Application 690‑077‑0079
Split Season Use Instream Leasing 690‑077‑0080
Miscellaneous Provisions: Cancellation or Waiving of an Instream Water Right 690‑077‑0090
Miscellaneous Provisions: Drought Emergency Provisions 690‑077‑0100
Miscellaneous Provisions: Precedence of Future Uses
Last Updated

Jun. 8, 2021

Rule 690-077-0029’s source at or​.us