Proposed final order
(1)A proposed final order issued under ORS 537.170 (Contested case hearing on application) (6) for an in-stream water right certificate may include any condition the Water Resources Director considers necessary, but which is consistent with the intent of ORS 537.332 (Definitions for ORS 537.332 to 537.360) to 537.360 (Relationship between application for in-stream water right and application for certain hydroelectric permits). The proposed final order may:
(a)Approve the in-stream water right for the quantity of water requested;
(b)Approve the requested in-stream water right for a lesser quantity of water; or
(c)Reject the requested in-stream water right.
(2)If the director reduces or rejects the in-stream water right as requested, or conditions the in-stream water right, the director shall include a statement of findings that sets forth the basis for the reduction, rejection or conditions. The director shall be the final authority in determining the level of in-stream flow necessary to protect the public use.
(3)After the director issues a final order approving an in-stream water right, the Water Resources Department shall issue a certificate for an in-stream water right according to the provisions of ORS 537.341 (Certificate for in-stream water right). [1987 c.859 §7; 1995 c.416 §20]
Section 537.343 — Proposed final order; conditions,