1. (1) If the applicant notifies the Department to proceed with the application as provided in OAR 690-077-0029(2), the Department shall proceed with processing the application. The Department shall give notice of the initial review in the weekly public notice of the Department and accept written public comments for 30 days. The weekly notice shall be sent to the following:

   1. (a) Affected local, state and federal agencies, including the planning departments of affected local governments;
   2. (b) Affected Indian Tribes; and
   3. (c) All persons on the Department's weekly mailing list.

2. (2) The notice shall include a request for comments on the application, the date by which comments must be received by the Department, and information about how an interested person may obtain future notices about the application and a copy of the proposed final order. The notice also shall include the following information about the application:

   1. (a) The name(s) and address(es) of the applicant agency(ies);
   2. (b) County(ies) of water use;
   3. (c) Application file number;
   4. (d) Description of the characteristics and the purpose of the proposed instream water right;
   5. (e) Amount of proposed instream water right by month or half month in cubic feet per second (cfs), acre feet (af), or lake elevation;
   6. (f) Common name of surface water source(s); and
   7. (g) The stream reach by mile or geographic location.
3. (3) The notice shall be sent by electronic means, unless the applicant has requested mailing or other sending of the document in written form.
4. (4) Within 30 days after the public notice under Section (1) of this rule, any person interested in the application shall submit written comments to the Department. Any person who asks to receive a copy of the Department's proposed final order shall submit to the Department the fee required under ORS 536.050. The 30-day comment period shall commence on the day the Department sends the notice. All comments must be received by the Department on or before 5 p.m. on the last day of the 30-day comment period.
5. (5) If no comments or land use information is received by the Department within the 30-day comment period, the Commission and Director may presume the proposed instream water right is compatible with the comprehensive land use plans and land use regulations of affected local governments.

Statutory/Other Authority

ORS 536.025, ORS 536.027, ORS 536.220, ORS 537.140 & ORS 537.338

Statutes/Other Implemented

ORS 537.332 - 537.360 & Or Laws 2025, ch 282

History

WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2012, f 1-31-12, cert. ef. 2-1-12
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-077-0024
WRD 5-1995(Temp), f. & cert. ef. 8-4-95
WRD 9-1992, f. & cert. ef. 7-1-92