Proposed final order
(1)A proposed final order prepared by a Hydroelectric Application Review Team and submitted to the Water Resources Department under ORS 543A.040 (Process determination), 543A.055 (Hydroelectric Application Review Team review of application) or 543A.105 (Hydroelectric Application Review Team review of final application) shall be based on the application of the standards set forth in ORS 543A.025 (Minimum standards for decision on reauthorization of water right) and shall reflect the complete review of the water right application for compliance with applicable statutes and rules.
(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, the compatibility of the proposed use with applicable land use plans and information set forth in the application report or final report on studies;
(c)An assessment of water availability and the amount of water necessary for the proposed use;
(d)An assessment of whether the proposed use would result in injury to existing water rights;
(e)An assessment of whether the proposed use would impair or be detrimental to the public interest as provided in ORS 543A.025 (Minimum standards for decision on reauthorization of water right);
(f)A draft certificate, including any proposed conditions, or a recommendation to deny the application; and
(g)The date by which protests to the proposed final order must be received by the department.
(3)The department shall mail copies of the proposed final order, as submitted by the team, to the applicant and to persons who have requested copies and paid the fee required under ORS 536.050 (Fees) (1)(p). The department also shall give public notice of the proposed final order in the weekly notice published by the department.
(4)Any person may request standing for purposes of participating in any contested case proceeding on the proposed final order or for judicial review of a final order. A request for standing shall be in writing and shall be accompanied by the fee established under ORS 536.050 (Fees) (1)(n).
(5)Any person may submit a protest against a proposed final order. A protest shall be in writing and shall include:
(a)The name, address and telephone number of the protestant;
(b)A description of the protestant’s interest in the proposed final order and, if the protestant claims to represent the public interest, a precise statement of the public interest represented;
(c)A detailed description of how the action proposed in the proposed final order would impair or be detrimental to the protestant’s interest;
(d)A detailed description of how the proposed final order is in error or deficient and how to correct the alleged error or deficiency;
(e)Any citation of legal authority supporting the protest, if known; and
(f)The protest fee required under ORS 536.050 (Fees) (1)(j).
(6)Requests for standing and protests on the proposed final order shall be submitted within 45 days after publication of the notice of the proposed final order in the weekly notice published by the department. Any person who asks to receive a copy of the department’s final order shall submit to the department the fee required under ORS 536.050 (Fees) (1)(p), unless the person has previously requested copies and paid the required fee.
(7)The Hydroelectric Application Review Team shall review any protest received and provide to the Water Resources Director a recommended response to any protest received.
(8)Within 120 days after the close of the period for receiving protests and after consultation with the Hydroelectric Application Review Team, the director shall:
(a)Issue a final order as provided under ORS 543A.130 (Contested case hearing); or
(b)Schedule a contested case hearing if a protest has been submitted and if:
(A)Upon review of the issues, the director finds that there are significant disputes related to the proposed reauthorization of the project; or
(B)Within 30 days after the close of the period for submitting protests, the applicant requests a contested case hearing.
(9)At the request of the applicant, the department may extend the time periods set forth in subsection (8) of this section for a reasonable period of time.
(10)If the application is for reauthorization of a water right for a federally licensed project, the department may postpone the issuance of the final order until the Federal Energy Regulatory Commission license is issued. [1997 c.449 §23; 2013 c.644 §13]
Section 543A.120 — Proposed final order,