OAR 690-310-0270
Timelines

(1)

Except as provided in section (2) of this rule, the Department shall issue a final order or schedule a contested case hearing on an application for a water right within 180 days after the Department proceeds with the application under OAR 690-310-0080 (Initial Review)(2).

(2)

At the request of the applicant, the Department may extend the 180-day period set forth in section (1) of this rule for a reasonable period of time. The extension shall not exceed 180 days except upon a finding by the Director that a longer extension is reasonable and necessary.

(3)

If a contested case hearing is held, the Department shall issue a final order:

(a)

Within 270 days after scheduling the hearing for a contested case proceeding that involves three or more parties not including the Department; and

(b)

Within 180 days after scheduling the hearing for all other contested case proceedings.

(4)

If the applicant does not request an extension under section (2) of this rule and the Department fails to issue a proposed final order or schedule a contested case hearing on an application for a water right within 180 days after the Department proceeds with the application under OAR 690-310-0080 (Initial Review)(2), the applicant may apply in the Circuit Court for Marion County for a writ of mandamus to compel the Department to issue a final order or schedule a contested case hearing on an application for a water right. If the application is for an out-of-stream use or for the use of ground water, the writ of mandamus shall compel the Department to issue a water right permit, unless the Department shows by affidavit that to issue a permit may result in harm to an existing water right holder.

Source: Rule 690-310-0270 — Timelines, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-310-0270.

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 690-310-0270’s source at or​.us