OAR 690-077-0054
Conversion of Minimum Perennial Streamflows to Instream Water Rights


(1)

Within 21 days of the adoption of these rules, the Commission shall request publication in the Secretary of State’s bulletin and shall mail to the appropriate Department mailing lists notice of proposed conversion, and a list of all existing minimum perennial streamflows established on any waters of this state prior to June 25, 1988 separated as follows:

(a)

Those flows the Commission intends to convert without change to instream water rights;

(b)

Those flows the Commission intends to condition with OAR 690-077-0015 (General Statements)(12) and schedule a hearing before converting to instream water rights.

(2)

Any person or agency, including the Department, may request a hearing on any of the conversions proposed within 60 days of publication in the Secretary of State’s bulletin or the mailing of notice.

(3)

Requests for hearings shall be filed individually for specific minimum perennial streamflows and shall be substantiated by evidence that:

(a)

The conversion will take away or impair permitted, certificated or decreed water rights to the same source of water and a statement of what conditions, if any, could be attached to the conversion to avoid the problems identified, or what clarifications are necessary;

(b)

The existing minimum perennial streamflow is not for a public use or exceeds the amounts necessary for the public use; and/or

(c)

The conversion from a minimum streamflow to an instream water right would not be in the public interest.

(4)

The Director shall issue an instream water right certificate for all minimum streamflows where no complete request for hearing was received. These instream water rights shall contain the priority date of the minimum streamflow from which they were created.

(5)

The Director shall review all requests for hearings. The person making the request shall bear the burden of establishing the need for a hearing. After completing this review, the Director shall recommend to the Commission:

(a)

To approve the conversion; or

(b)

To conduct a hearing under ORS 537.170 (Contested case hearing on application).

(6)

The Commission shall act on the Director’s recommendation in accordance with OAR 690-077-0046 (Application Processing: Determination to Hold a Contested Case Hearing).

Source: Rule 690-077-0054 — Conversion of Minimum Perennial Streamflows to Instream Water Rights, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-077-0054.

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 690-077-0054’s source at or​.us