Within 15 days after receiving an application, the Department shall determine whether the application contains the information required under OAR 690-310-0040 (Application Requirements) and is complete and not defective, including the payment of all required fees. If the Department determines that the application is incomplete or defective or that all fees have not been paid, the Department shall return all fees and the application.
Upon determining that an application contains the required information and is complete and not defective, the Department shall indorse on the application the date upon which the application was received for filing at the Department. All applications that comply with the provisions of law shall be recorded in a suitable book kept for that purpose.
The priority date for use of water not previously reserved under OAR 690, division 79 shall be the date the application was received for filing by the Department.
If an application is complete and not defective, the Department shall determine whether the proposed use is prohibited by ORS Chapter 538 (Withdrawal of Certain Waters From Appropriation), if the proposed use is for surface water, or by any statute, if the proposed use is for ground water. If the proposed use is prohibited by statute, the Department shall reject the application and return all fees to the applicant with an explanation of the statutory prohibition.