OAR 690-077-0047
Application Processing: Final Orders
(1)
In developing the final order, the Department shall consider all comments and protests received and all findings of the Department, but the final order need not separately address each comment and protest received.(2)
If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Director determines that the proposed use does not comply with the standards set forth in ORS 543.017 (Minimum standards for development of hydroelectric power) or rules adopted by the Water Resources Commission under 543.017 (Minimum standards for development of hydroelectric power) or would otherwise impair or be detrimental to the public interest, the Director shall issue a final order rejecting the application or modifying or conditioning the proposed final order to conform to the public interest. If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Director determines that the proposed use would not impair or be detrimental to the public interest, the Director shall issue a final order approving the application or otherwise modifying or conditioning the proposed final order.(3)
A final order issued under Section (2) of this rule for an instream water right certificate may include any condition the Director considers necessary, but which is consistent with the intent of ORS 537.332 (Definitions for ORS 537.332 to 537.360) to 537.360 (Relationship between application for in-stream water right and application for certain hydroelectric permits). The final order may:(a)
Approve the instream water right application for the quantity of water requested;(b)
Approve the instream water right application for a lesser quantity of water; or(c)
Deny the instream water right application.(4)
If the Director reduces the quantity of water requested, denies the instream water right application, or conditions the instream water right, the Director shall include a statement of findings that sets forth the basis for the reduction, denial or conditions.(5)
Upon issuing a final order, the Director shall notify the applicant and each person who submitted written comments or protests or otherwise requested notice of the final order and send a copy of the final order to any person who requested a copy and paid the fee required under ORS 536.050 (Fees). Within seven days after issuing the final order, the Department shall also publish notice of the final order by publication in the weekly notice published by the Department.
Source:
Rule 690-077-0047 — Application Processing: Final Orders, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-077-0047.