Or. Admin. R. 690-310-0080 – Initial Review

(1) If the proposed use is not prohibited as described in OAR 690-310-0070(4) or (5), the Department shall undertake an initial review of the application and make a preliminary determination of:
1. (a) Whether the proposed use is restricted or limited by statute or rule;
2. (b) Except for applications described in ORS 537.615(7), the extent to which water is available from the proposed source during the times and in the amounts requested; and
3. (c) Any other issue the Department identifies as a result of the initial review that may preclude approval of or restrict the proposed use.
(2) Upon completion of the initial review and no later than 30 days after determining an application to be complete and not defective as described in OAR 690-310-0070, the Department shall send the applicant an initial review report setting forth the Department's preliminary determinations. The initial review report shall be sent by electronic means, unless the applicant has requested mailing or other sending in written form, and notify the applicant of the remaining portion of the examination fee due. The applicant shall have 90 days from the date the Department sends the initial review report within which to notify the Department in writing to stop processing the application or to proceed with the application. If the applicant notifies the Department to stop processing the application, does not notify the Department whether to proceed with processing the application, or does not pay the remaining portion of the fee due, the Department shall permanently close the application file and take no further action on the application.

Statutory/Other Authority

ORS 536.027

Statutes/Other Implemented

ORS 537.150, ORS 537.620, ORS 537.615, Or Laws 2025, ch 282, section 2, Or Laws 2025, ch 282, section 14, Or Laws 2025, ch 282, section 20 & Or Laws 2025, ch 605, section 35

History

WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 6-2014, f. 11-25-14, cert. ef. 1-1-15
WRD 1-2012, f 1-31-12, cert. ef. 2-1-12
WRD 1-1996, f. & cert. ef. 1-31-96