OAR 690-310-0030
Grounds for Refusal to Issue or Cancellation of Permit

(1)

In addition to any other provision for refusal to issue a permit, the following shall be grounds for refusal to issue a permit:

(a)

Failure of an applicant to comply with the requirements under OAR 690-310-0020 (Requirement to Notify Owner of Land Crossed by Proposed Ditch, Canal or Other Work); or

(b)

Failure to obtain written authorization, obtain an easement or acquire ownership of the land if required by a condition of issuance.

(2)

If an applicant makes a statement under OAR 690-310-0040 (Application Requirements)(1)(a)(G) that falsely states that the applicant owns all lands crossed by a proposed ditch, canal or other work or that the applicant has obtained written authorization or an easement permitting access across such lands, any permit issued in response to the application shall be subject to cancellation.

(3)

The Department is not required to mediate or arbitrate a dispute between a permittee and a landowner with respect to the provisions of ORS 537.130 (Permit to appropriate water required), 537.133 (Permittee’s right to enter on forestland), 537.139 (Failure to obtain authorization for access to certain land), 537.140 (Application for permit), 537.250 (Water right certificate), 772.305 (Condemnation of right of way for drainage or irrigation), and 772.310 (Right to enlarge existing irrigation system).

Source: Rule 690-310-0030 — Grounds for Refusal to Issue or Cancellation of Permit, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-310-0030.

690‑310‑0000
Purpose 690‑310‑0005
Determination of Appropriate Step in Process for Applications Pending on June 30, 1995 690‑310‑0010
Application Processing Rules Control General Administrative Procedures Act Provisions 690‑310‑0020
Requirement to Notify Owner of Land Crossed by Proposed Ditch, Canal or Other Work 690‑310‑0030
Grounds for Refusal to Issue or Cancellation of Permit 690‑310‑0040
Application Requirements 690‑310‑0050
Map to Accompany Application for Water Use Permit 690‑310‑0060
Permits for Livestock Watering Outside of Riparian Areas (SB 150, 1989) 690‑310‑0070
Completeness Review 690‑310‑0080
Initial Review 690‑310‑0090
Public Notice and Comments 690‑310‑0100
Completion of Application Review 690‑310‑0110
Public Interest Presumption 690‑310‑0120
Public Interest Review 690‑310‑0130
Public Interest Presumption 690‑310‑0140
Public Interest Review 690‑310‑0150
Proposed Final Order 690‑310‑0160
Protests and Standing to Participate in Further Proceedings 690‑310‑0170
Determination of Director to Refer Application for Contested Case Hearing, Final Order of Director 690‑310‑0180
Conduct of Contested Case 690‑310‑0190
Final Order for Proposed Use of Surface Water 690‑310‑0200
Final Order for Proposed Use of Ground Water 690‑310‑0210
Contested Case Hearing on Final Order 690‑310‑0220
Final Determination of Whether Proposed Use of Surface Water Would Impair or Be Detrimental to Public Interest or Whether Proposed Use of Ground Water Would Preserve the Public Welfare, Safety and Health 690‑310‑0230
Exceptions 690‑310‑0240
Approval, Condition or Rejection of Permit Application Generally 690‑310‑0250
Permit Conditions Related to Well Construction and Maintenance 690‑310‑0260
Water Rights Within or Above State Scenic Waterways 690‑310‑0270
Timelines 690‑310‑0275
Applicability of Mandatory Timelines 690‑310‑0280
Assignment of Application
Last Updated

Jun. 24, 2021

Rule 690-310-0030’s source at or​.us