OAR 690-079-0160
Extension of Reservations
(1)
This section establishes a process to consider extending reservations established in basin program rules pursuant to ORS 537.249 (Election to have proposed reservation considered as application for permit or rulemaking proceeding) or 537.356 (Request for reservation of unappropriated water for future economic development) that are set to expire unless extended in rule by the Water Resources Commission.(2)
Notwithstanding OAR 690-079-0020 (Definitions) to 690-079-0150 (Applications for Use of Reserved Water), applications to extend reservations established in basin program rules shall be processed according to the provisions in this section.(3)
Prior to termination of the approved term of reservation, the applicant may apply for a time extension of up to 20 years from the expiration date established in rule. An approved time extension shall retain the priority date of the original reservation.(4)
An application for an extension shall contain the information required in OAR 690-079-0170 (Information Requirements to Request Extension of Reservations in Rule).(5)
The Department shall provide notification, accept public comment, and hold hearings as provided in ORS 183.335 (Notice), 536.300 (Formulation of state water resources program)(3), and OAR 690, Division 1. Notice shall also be provided to Oregon Department of Environmental Quality, Oregon Department of Fish and Wildlife, Oregon Parks and Recreation Department, and Business Oregon. The public comment period shall be no less than 30 days.(6)
In considering an application to extend a reservation, the Commission shall review information in the application, comments received, and information and recommendations provided by the Department. The Commission may extend the reservation up to 20 years unless the Commission determines the reservation is no longer consistent with ORS 536.310 (Purposes and policies to be considered in formulating state water resources program) or with rules of the Commission. The Commission may modify the reservation or include conditions as necessary for the reservation to remain consistent with ORS 536.310 (Purposes and policies to be considered in formulating state water resources program) and the purpose of reserving water for future economic development.
Source:
Rule 690-079-0160 — Extension of Reservations, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-079-0160.