OAR 690-077-0033
Application Processing: Public Interest Presumption

(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 (Formulation of state water resources program) and 536.340 (Classification of water as to highest and best use and quantity of use) or given a preference under 536.310 (Purposes and policies to be considered in formulating state water resources program)(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.

(2)

The public interest presumption described in Section (1) of this rule is a rebuttable presumption and may be overcome by a preponderance of the evidence that either:

(a)

One or more of the criteria for establishing the public interest presumption are not satisfied; or

(b)

The proposed use will impair or be detrimental to the public interest as demonstrated in comments, protests or a finding of the Department that shows:

(A)

The specific public interest under ORS 537.170 (Contested case hearing on application)(8) that would be impaired or detrimentally affected; and

(B)

Specifically how the identified public interest would be impaired or detrimentally affected.

Source: Rule 690-077-0033 — Application Processing: Public Interest Presumption, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-077-0033.

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 690-077-0033’s source at or​.us