OAR 690-382-1000
Recognition of Modifications
(1)
An application for modification of a certificate of registration shall be recognized if the Department determines that:(a)
The proposed modification would not result in enlargement as defined in OAR 690-382-0100 (Definitions)(2);(b)
The proposed modification would not result in a state Scenic Waterway receiving less water than previously available during periods in which streamflows are less than the quantities determined by the Department to be necessary to meet the requirements of ORS 390.835 (Highest and best use of waters within scenic waterways);(c)
The proposed modification would not result in injury as defined in OAR 690-382-0100 (Definitions)(3); and(d)
Any other requirements for modification of the certificate of registration are met.(2)
Except as otherwise provided in OAR 690-382-0800 (Notice of Preliminary Determination)(7), the Department shall issue a final order consistent with the preliminary determination described in 690-382-0700 (Preliminary Determination) if no protests are received under 690-382-0900 (Protests and Requests for Hearings).(3)
Issuance of the final order recognizing changes in character of use or place of use shall terminate the right to use water for the character of use or place of use under the original certificate of registration or a previously recognized modification of a registration.(4)
The order recognizing a modification of a certificate of registration may not be construed as a final determination of the right to appropriate ground water under the registration or modification. Such a determination will occur in an adjudication proceeding under ORS 537.670 (Determination of rights to appropriate ground water of ground water reservoir) to 537.695 (Conclusive adjudication).(5)
A copy of the final order and all supporting documentation will be filed with the original request for registration and made available at the time of adjudication under ORS 537.670 (Determination of rights to appropriate ground water of ground water reservoir) to 537.695 (Conclusive adjudication).
Source:
Rule 690-382-1000 — Recognition of Modifications, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-382-1000.