1. (1) In developing the final order, the Department shall consider all comments and protests received and all findings of the Department, but the final order need not separately address each comment and protest received.
2. (2) If a protest of a proposed final order issued under ORS 537.153 is timely filed and, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Director determines that the proposed use does not comply with the standards set forth in ORS 543.017 or rules adopted by the Water Resources Commission under 543.017 or would otherwise impair or be detrimental to the public interest, the Director shall issue a final order denying the application or modifying or conditioning the proposed final order to conform to the public interest.
3. (3) If a protest of a proposed final order issued under ORS 537.153 is timely filed and, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Director determines that the proposed use would not impair or be detrimental to the public interest, the Director shall issue a final order approving the application or otherwise modifying or conditioning the proposed final order.

4. (4) A final order issued under Section (2) or (3) of this rule for an instream water right certificate may include any condition the Director considers necessary, but which is consistent with the intent of ORS 537.332 to 537.360. The final order may:

   1. (a) Approve the instream water right application for the quantity of water requested;
   2. (b) Approve the instream water right application for a lesser quantity of water; or
   3. (c) Deny the instream water right application.
5. (5) If the Director reduces the quantity of water requested, denies the instream water right application, or conditions the instream water right, the Director shall include a statement of findings that sets forth the basis for the reduction, denial or conditions.
6. (6) Upon issuing a final order, or upon a proposed final order becoming a final order by default as provided in OAR 690-002-0235, the Director shall notify the applicant and each person who submitted written comments or protests or otherwise requested notice of the final order and send a copy of the final order to any person who requested a copy and paid the fee required under ORS 536.050. Within seven days after issuing the final order, the Department shall also publish notice of the final order by publication in the weekly notice published by the Department.

Statutory/Other Authority

ORS 536.025, ORS 536.027, ORS 537.170, ORS 537.343 & ORS 537.338

Statutes/Other Implemented

ORS 537.332 - 537.360, ORS 537.153 & Or Laws 2025, ch 575

History

WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
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