OAR 690-077-0052
Application Processing: Time Requirements


(1)

Except as provided in Section (2) of this rule, the Department shall issue a final order or schedule a contested case hearing on an application for a water right referred to in ORS 537.336 (State agencies authorized to request in-stream water rights) within 180 days after the Department proceeds with the application under OAR 690-077-0029 (Application Processing: Initial Review)(2).

(2)

At the request of the applicant, the Department may extend the 180-day period set forth in Section (1) of this rule for a reasonable period of time. The extension shall not exceed 180 days except upon a finding by the Director that a longer extension is reasonable and necessary.

(3)

If a contested case hearing is held, the Director shall issue a final order:

(a)

Within 270 days after scheduling the hearing for a contested case proceeding that involves three or more parties not including the Department; and

(b)

Within 180 days after scheduling the hearing for all other contested case proceedings.

(4)

If the applicant does not request an extension under Section (2) of this rule and the Department fails to issue a proposed final order or schedule a contested case hearing on an application for a water right within 180 days after the Department proceeds with the application under OAR 690-077-0029 (Application Processing: Initial Review)(2), the applicant may apply in the Circuit Court for Marion County for a writ of mandamus to compel the Director to issue a final order or schedule a contested case hearing on an application for a water right.

(5)

The mandatory timelines set forth in division 77 for the Department to process applications shall not apply to applications filed before October 31, 1996.

Source: Rule 690-077-0052 — Application Processing: Time Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-077-0052.

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 690-077-0052’s source at or​.us