OAR 690-077-0039
Application Processing: Proposed Final Order


(1)

In developing the proposed final order, the Department shall consider all comments received under OAR 690-077-0031 (Application Processing: Public Notice and Comments) and all findings of the Department, but the proposed final order need not separately address each comment received.

(2)

The proposed final order shall cite findings of fact and conclusions of law and shall include but need not be limited to:

(a)

Confirmation or modification of the preliminary determinations made in the initial review;

(b)

A brief statement that explains the criteria considered relevant to the decision, including the applicable basin program and the compatibility of the proposed use with applicable land use plans;

(c)

An assessment of water availability and the amount of water necessary for the proposed use;

(d)

An assessment of whether the proposed use would result in injury to existing water rights;

(e)

An assessment of whether the proposed use would impair or be detrimental to the public interest as provided in ORS 537.170 (Contested case hearing on application);

(f)

A draft certificate, including any proposed modifications, conditions, or a recommendation to deny the application;

(g)

Whether the rebuttable presumption that the proposed use will not impair or be detrimental to the public interest has been established; and

(h)

The date by which protests to the proposed final order must be received by the Department.

(3)

The Department shall send copies of the proposed final order to the applicant by regular mail, or with the consent of the recipient, by electronic means. The Department shall send copies of the proposed final order by regular mail to persons other than the applicant who have requested copies and paid the fee required under ORS 536.050 (Fees).

(4)

Within seven days after issuing the proposed final order, the Department shall publish notice of the proposed final order by publication in the weekly notice published by the Department. In addition to the information required to be published for an application under OAR 690-077-0031 (Application Processing: Public Notice and Comments), the notice of the proposed final order also shall include a brief explanation of the requirement to raise all issues under OAR 690-077-0043 (Application Processing: Protests and Standing)(4).

Source: Rule 690-077-0039 — Application Processing: Proposed Final Order, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-077-0039.

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 690-077-0039’s source at or​.us