- (1) Except as provided in Section (2) of this rule, the Department shall issue a final order or schedule a contested case hearing on an application for a water right referred to in ORS 537.336 within 180 days after the Department proceeds with the application under OAR 690-077-0029(2).
- (2) If the applicant requests an administrative hold on processing of the application, the Department may extend the 180-day period set forth in Section (1) of this rule for a reasonable period of time. The cumulative length of extensions requested through administrative holds shall not exceed 180 days except upon a finding by the Director that a longer extension is reasonable and necessary for the applicant to engage in collaborative conversations with interested parties that provided public comment under OAR 690-077-0031(4), and the extension does not exceed two years.
- (3) If the applicant does not request an extension under Section (2) of this rule and the Department fails to issue a proposed final order or schedule a contested case hearing on an application for a water right within 180 days after the Department proceeds with the application under OAR 690-077-0029(2), the applicant may apply in the Circuit Court for Marion County for a writ of mandamus to compel the Director to issue a final order or schedule a contested case hearing on an application for a water right.
- (4) The mandatory timelines set forth in division 77 for the Department to process applications shall not apply to applications filed before October 31, 1996.
Statutory/Other Authority
ORS 536.025, ORS 536.027, ORS 537.175 & ORS 537.338
Statutes/Other Implemented
ORS 537.332 - 537.360 & 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