1. (1) The Department shall presume that a proposed surface water use will not impair or be detrimental to the public interest if:

   1. (a) The proposed use is allowed in the applicable basin program established pursuant to ORS 536.300 and 536.340 or given a preference under ORS 536.310(12);
   2. (b) Water is available;
   3. (c) The proposed use will not injure other water rights; and
   4. (d) The proposed use complies with the rules of the Commission.

2. (2) The presumption described in section (1) of this rule is a rebuttable presumption and may be overcome by a preponderance of the evidence that either:

   1. (a) One or more of the criteria for establishing the presumption are not satisfied; or

   2. (b) The proposed use will impair or be detrimental to the public interest as demonstrated in comments, protests or a finding of the Department that shows:

      1. (A) The specific public interest under ORS 537.170(7) that would be impaired or detrimentally affected; and
      2. (B) Specifically how the identified public interest would be impaired or detrimentally affected.

Statutory/Other Authority

ORS 536.027

Statutes/Other Implemented

ORS 537.153, ORS 537.170 & ORS 536.310

History

WRD 28-2025, minor correction filed 12/19/2025, effective 12/19/2025
WRD 1-1996, f. & cert. ef. 1-31-96