1. (1) Nothing in these rules delegates the authority of the Department to make final decisions on permit applications.

2. (2) Consistent with 690-033-0340(1), the Department shall follow the recommendations of the interagency review team in determining whether the presumption is established pursuant to OAR 690-310-0110 or 690-310-0130. In completing the remainder of the public interest determination under 690-310-0120 or 690-310-0140, the Department shall follow the recommendations of the interagency review team unless it finds:

   1. (a) The proposed use provides significant basin wide public benefits beyond the benefits to the applicant;
   2. (b) There are no other reasonable and prudent alternatives to the proposed use;
   3. (c) The benefits of the proposed use to the public under ORS 537.170(8) outweigh the benefits of the alternatives that would conserve the species; and
   4. (d) All reasonable mitigation measures necessary to minimize the effect of the proposed use on the species have been implemented; or
   5. (e) A specific basin program has been amended significantly to protect sensitive, threatened or endangered fish species and allows the proposed use.
3. (3) The Department shall include its findings and conclusions in the proposed final order.

Statutory/Other Authority

ORS 536.025 & 536.027

Statutes/Other Implemented

ORS 537.140 - 537.190

History

WRD 6-1996, f. & cert. ef. 7-11-96