OAR 690-310-0150
Proposed Final Order

(1)

In developing the proposed final order, the Department shall consider all comments received under OAR 690-310-0090 (Public Notice and Comments)(4), but the proposed final order need not separately address each comment received.

(2)

The proposed final order shall cite findings of fact and conclusions of law and shall include but need not be limited to:

(a)

Confirmation or modification of the preliminary determinations made in the initial review;

(b)

A brief statement that explains the criteria considered relevant to the decision, including the applicable basin program and the compatibility of the proposed use with applicable land use plans;

(c)

An assessment of water availability;

(d)

The amount of water necessary for the proposed use;

(e)

An assessment of whether the proposed use would result in injury to existing water rights;

(f)

If the application is for the use of surface water, an assessment of whether the proposed use would impair or be detrimental to the public interest as provided in ORS 537.170 (Contested case hearing on application);

(g)

If the application is for the use of ground water, an assessment of whether the proposed use would ensure the preservation of the public welfare, safety and health as described in ORS 537.525 (Policy);

(h)

Whether the rebuttable presumption set forth in OAR 690-310-0110 (Public Interest Presumption; Surface Water) or 690-310-0130 (Public Interest Presumption; Groundwater) has been established;

(i)

If the public interest presumption is established, the Department’s determination as to whether the presumption is overcome.

(j)

An assessment of the measures, if any, proposed by the applicant to prevent waste, measure the amount of water diverted, prevent damage to aquatic life and riparian habitat, prevent discharge of contaminated water to a surface stream and to prevent damage to public uses of any affected surface waters;

(k)

A draft permit, including any proposed conditions, or a recommendation to deny the application;

(l)

The date by which protests to the proposed final order and requests for standing must be received by the Department; and

(m)

The date by which the applicant must request a contested case hearing under OAR 690-310-0170 (Determination of Director to Refer Application for Contested Case Hearing, Final Order of Director).

(3)

The Department shall send copies of the proposed final order to the applicant by regular mail, or with the consent of the recipient, by electronic means. The Department shall send copies of the proposed final order by regular mail to persons other than the applicant who have requested copies and paid the fee required under ORS 536.050 (Fees). Within seven days after issuing the proposed final order, the Department also shall publish notice of the proposed final order by publication in the weekly notice published by the Department. In addition to the information required to be published for an application under OAR 690-310-0090 (Public Notice and Comments), the notice of the proposed final order also shall include a brief explanation of the requirement to raise all issues under OAR 690-310-0160 (Protests and Standing to Participate in Further Proceedings)(4).

Source: Rule 690-310-0150 — Proposed Final Order, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-310-0150.

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. 8, 2021

Rule 690-310-0150’s source at or​.us