1. (1) The conduct of contested hearings shall be as provided in OAR 137-003-0501 to 137-003-0700.
2. (2) If the proposed conversion is referred for a contested case hearing, a proposed order shall be issued by the Administrative Law Judge (ALJ) after the hearing. Any party to the contested case hearing may file exceptions to the ALJ’s proposed order. Exceptions must be filed with the Department within 30 calendar days of the order. If no exceptions are filed to the ALJ’s proposed order within 30 calendar days, the Director shall issue a final order consistent with section (4).
3. (3) If exceptions are filed to the ALJ’s proposed order, the Director may review or hear argument, either written or oral, and make the final determination for the final order.

4. (4) If, after the contested case hearing or, if a hearing is not held, after the close of the protest period as defined in OAR 690-054-0050, the Director determines the proposed conversion would not comply with ORS 543A.305 and OAR Chapter 690 Division 54, the Director shall:

   1. (a) Issue a final order denying the conversion to an Instream Water Right; or
   2. (b) Modify the proposed order to comply with ORS 543A.305 and OAR Chapter 690 Division 54, and issue a final order approving the conversion to an Instream Water Right.
5. (5) If, after the contested case hearing or, if a hearing is not held, after the close of the protest period as defined in OAR 690-054-0050, the Director determines the proposed conversion would comply with ORS 543A.305 and OAR Chapter 690, Division 54, the Director shall issue a final order approving the conversion to an Instream Water Right.
6. (6) A final order may set forth any of the provisions or restrictions to be included in the Instream Water Right.

Statutory/Other Authority

ORS 536.027

Statutes/Other Implemented

ORS 543A.305

History

WRD 2-2022, adopt filed 07/14/2022, effective 07/14/2022