Oregon Water Resources Department

Rule Rule 690-310-0170
Determination of Director to Refer Application for Contested Case Hearing, Final Order of Director


(1)

Within 60 days after the close of the period for receiving protests, the Director shall determine whether to:

(a)

Issue a final order as provided under OAR 690-310-0190 (Final Order for Proposed Use of Surface Water) or 690-310-0200 (Final Order for Proposed Use of Ground Water); or

(b)

Schedule a contested case hearing.

(2)

The Director:

(a)

May schedule a contested case hearing if:

(A)

A protest has been submitted; and

(B)

Upon review of the issues, the Director finds that there are significant disputes related to the proposed use of water.

(b)

Shall schedule a contested case hearing, if within 30 days after the close of the period for submitting protests, the applicant submits the information required for a protest under OAR 690-310-0160 (Protests and Standing to Participate in Further Proceedings) and requests a contested case hearing.

(3)

As soon as possible after making a determination under subsection (1) of this rule to refer an application to a contested case hearing, the Director shall advise the applicant, the protestant and any person requesting standing that the matter is being referred to contested case hearing and describe the procedure each must follow to participate in the contested case hearing. Such notification to the participants shall not be considered to be the scheduling of the contested case hearing for purposes of the running of the 45-day time period under OAR 690-310-0180 (Conduct of Contested Case).
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Last accessed
Jun. 8, 2021