1. (1) Within 15 days after receiving an application, the Department shall determine whether the application contains the information required under OAR 690-310-0040 and is complete and not defective, including the payment of the portion of the examination fees stated in the application form. If the Department determines that the application is incomplete or defective or that the portion of the examination fees stated in the application form has not been paid, the Department shall return all fees and the application.
2. (2) Upon determining that an application contains the required information and is complete and not defective, the Department shall indorse on the application the date upon which the application was received for filing at the Department. All applications that comply with the provisions of law shall be recorded in a suitable book kept for that purpose. For the purposes of this section, a suitable book shall include the Department’s electronic water rights information system.
3. (3) The priority date for use of water not previously reserved under OAR 690, division 79 shall be the date the application was received for filing by the Department.
4. (4) If an application for the use or storage of surface water is complete and not defective, the Department shall determine whether the proposed use is prohibited because the source of water is withdrawn from appropriation under ORS 538 or by rule or order of the Water Resources Commission under ORS 536.410, if the Department has information sufficient to make the determination at the time of application intake. If the proposed use is prohibited, the Department shall return the application and return the portion of the fees stated in the application form to the applicant with an explanation of the reason for the return.
5. (5) If an application to appropriate groundwater is complete and not defective, the Department shall determine whether the proposed use is prohibited because the source of water is designated as a critical groundwater area under ORS 537.730, subject to restrictions on allowed groundwater uses by classification under ORS 536.340, or withdrawn from appropriation under ORS Chapter 538 or by rule or order of the Water Resources Commission under ORS 536.410, if the Department has information sufficient to make the determination at the time of application intake. If the proposed use is prohibited, the Department shall return the application and return the portion of the fees stated in the application form to the applicant with an explanation of the reason for the return. This subsection does not apply to applications related to the recovery of groundwater under an artificial recharge or aquifer storage and recovery project, or under ORS 536.295.

Statutory/Other Authority

ORS 536.027

Statutes/Other Implemented

ORS 537.150, ORS 537.620, ORS 536.340, ORS 536.410, ORS 537.730, ORS 538, Or Laws 2025, ch 282, section 20 & Or Laws 2025, ch 282, section 14

History

WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-1996, f. & cert. ef. 1-31-96