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.