1. (1) If the applicant notifies the Department to proceed with the application as provided in OAR 690-310-0080(2) and pays any remaining portion of the application examination fees, the Department shall proceed with processing the application. The Department shall give notice of the initial review in the weekly public notice of the Department and accept written public comments for 30 days. The notice shall include a request for comments on the application, the date by which comments must be received by the Department, information about how an interested person may view or obtain future notices about the application and a copy of the proposed final order and information about how an interested person may review the application or obtain a copy of the application. The notice also shall include the following information about the application:

   1. (a) Type of water use application;
   2. (b) County of water use;
   3. (c) Application file number;
   4. (d) Applicant name and address;
   5. (e) Amount of proposed water use in gallons per minute (gpm), cubic feet per second (cfs) or acre feet (af) of storage;
   6. (f) Common name of surface water source(s) or basin;
   7. (g) Nature of use; and
   8. (h) Location of the proposed point of diversion by section, quarter-quarter, township and range.

2. (2) The weekly notice shall be sent to the following:

   1. (a) Affected local, state and federal agencies, including the planning departments of affected local governments;
   2. (b) Property owners listed on an application pursuant to OAR 690-310-0040;
   3. (c) Affected Indian Tribes; and
   4. (d) All persons on the Department's weekly mailing list.
3. (3) The notice shall be sent by electronic means unless the recipient has requested mailing or other sending of the document in written form.
4. (4) Within 30 days after the public notice under section (1) of this rule, any person interested in the application shall submit written comments to the Department. Any person who requests a copy of the Department's proposed final order shall submit to the Department a written request accompanied by the fee required under ORS 536.050(1). The 30-day comment period shall commence on the day the Department sends the notice. All comments must be received by the Department on or before 5 p.m. on the last day of the 30-day comment period.

Statutory/Other Authority

ORS 536.025 & ORS 536.027

Statutes/Other Implemented

ORS 536.220, ORS 536.300, ORS 536.310, ORS 537.150, ORS 537.620, ORS 537.338, ORS 537.356 - 537.358, ORS 536.050 & Or Laws 2025, ch 282

History

WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2012, f 1-31-12, cert. ef. 2-1-12
WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-011-0155
WRD 51-1995(Temp), f. & cert. ef. 8-4-95
WRD 9-1992, f. & cert. ef. 7-1-92