1. (1) Upon receipt of an instream lease renewal application, the Department shall give notice of the application by publication in the Department’s weekly public notice. Any allegation of injury must be delivered in writing to the Department no later than 21 days after publication of the request in the Department’s weekly public notice.

2. (2) Concurrent with the waiting period described in section (1) of this rule, the Department shall:

   1. (a) Review the renewal application to confirm all requirements outlined in OAR 690-077-0105 are satisfied; and

   2. (b) Consult with the local watermaster to determine whether the watermaster review completed for the prior approved instream lease is sufficient. If the watermaster finds that:

      1. (A) The prior watermaster review is sufficient, then the watermaster shall provide written or electronic mail confirmation that the review is still valid and completion of a new watermaster review will not be required; or
      2. (B) The prior watermaster review is not sufficient, then the watermaster shall complete a new watermaster review for the instream lease renewal application.

3. (3) The Department shall issue an order approving the instream lease renewal application, provided that:

   1. (a) Leasing the water right instream will not result in, or can be conditioned to prevent, injury to other existing water rights and enlargement of the water right proposed for instream lease renewal; and
   2. (b) All the requirements outlined in section (2) of this rule are satisfied.
4. (4) The Department may, at any time, revoke or modify an order issued to approve an instream lease renewal if the Department later finds that the use of the water right for instream use under the lease has resulted in, or may result in, injury or enlargement.

Statutory/Other Authority

ORS 536.027 & ORS 537.332-537.360

Statutes/Other Implemented

ORS 537.348

History

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