(1) In addition to any other provision for refusal to issue a permit, the following shall be grounds for refusal to issue a permit:
- (a) Failure of an applicant to comply with the requirements under OAR 690-310-0020; or
- (b) Failure to obtain written authorization, obtain an easement or acquire ownership of the land if required by a condition of issuance.
- (2) If an applicant makes a statement under OAR 690-310-0040(1)(a)(G) that falsely states that the applicant owns all lands crossed by a proposed ditch, canal or other work or that the applicant has obtained written authorization or an easement permitting access across such lands, any permit issued in response to the application shall be subject to cancellation.
- (3) The Department is not required to mediate or arbitrate a dispute between a permittee and a landowner with respect to the provisions of ORS 537.130, 537.133, 537.139, 537.140, 537.250, 772.305, and 772.310.
Statutory/Other Authority
ORS 536.027
Statutes/Other Implemented
ORS 537.130 & 537.139
History
WRD 1-1996, f. & cert. ef. 1-31-96