Oregon Water Resources Department

Rule Rule 690-310-0110
Public Interest Presumption; Surface Water


(1)

The Department shall presume that a proposed surface water use will not impair or be detrimental to the public interest if:

(a)

The proposed use is allowed in the applicable basin program established pursuant to ORS 536.300 (Formulation of state water resources program) and 536.340 (Classification of water as to highest and best use and quantity of use) or given a preference under ORS 536.310 (Purposes and policies to be considered in formulating state water resources program)(12);

(b)

Water is available;

(c)

The proposed use will not injure other water rights; and

(d)

The proposed use complies with the rules of the Commission.

(2)

The presumption described in section (1) of this rule is a rebuttable presumption and may be overcome by a preponderance of the evidence that either:

(a)

One or more of the criteria for establishing the presumption are not satisfied; or

(b)

The proposed use will impair or be detrimental to the public interest as demonstrated in comments, protests or a finding of the Department that shows:

(A)

The specific public interest under ORS 537.170 (Contested case hearing on application)(8) that would be impaired or detrimentally affected; and

(B)

Specifically how the identified public interest would be impaired or detrimentally affected.
Source

Last accessed
Jun. 8, 2021