If the proposed use is not prohibited by statute, the Department shall undertake an initial review of the application and make a preliminary determination of:
Whether the proposed use is restricted or limited by statute or rule;
The extent to which water is available from the proposed source during the times and in the amounts requested; and
Any other issue the Department identifies as a result of the initial review that may preclude approval of or restrict the proposed use.
Upon completion of the initial review and no later than 30 days after determining an application to be complete and not defective as described in 690-310-0070 (Completeness Review), the Department shall send by regular mail, or with the consent of the recipient, by electronic means to the applicant an initial review report setting forth the Department’s preliminary determinations. The applicant shall have 14 days from the date the Department sends the initial review report within which to notify the Department to stop processing the application or to proceed with the application. If the applicant notifies the Department to stop processing the application, the Department shall return the application and all except $225 of any fees paid by the applicant. If the Department does not receive a timely response from the applicant, the Department shall proceed with the review of the application.