1. (1) In developing the proposed final order, the Department shall consider all comments received under OAR 690-310-0090(4), but the proposed final order need not separately address each comment received.

2. (2)

   1. (a) The proposed final order shall cite findings of fact and conclusions of law and shall include but need not be limited to:

      1. (A) Confirmation or modification of the preliminary determinations made in the initial review;
      2. (B) A brief statement that explains the criteria considered relevant to the decision, including the applicable basin program and the compatibility of the proposed use with applicable land use plans;
      3. (C) An assessment of water availability;
      4. (D) The amount of water necessary for the proposed use;
      5. (E) An assessment of whether the proposed use would result in injury to existing water rights;
      6. (F) If the application is for the use of surface water, an assessment of whether the proposed use would impair or be detrimental to the public interest as provided in ORS 537.170;
      7. (G) If the application is for the use of ground water, an assessment of whether the proposed use would ensure the preservation of the public welfare, safety and health as described in ORS 537.525;
      8. (H) Whether the rebuttable presumption set forth in OAR 690-310-0110 or 690-310-0130 has been established;
      9. (I) If the public interest presumption is established, the Department's determination as to whether the presumption is overcome.
      10. (J) An assessment of the measures, if any, proposed by the applicant to prevent waste, measure the amount of water diverted, prevent damage to aquatic life and riparian habitat, prevent discharge of contaminated water to a surface stream and to prevent damage to public uses of any affected surface waters;
      11. (K) A draft permit, including any proposed conditions, or a recommendation to deny the application; and
      12. (L) The dates by which protests to the proposed final order and requests for party status must be received by the Department.
   2. (b) Notwithstanding paragraph (a) of this subsection, if the application is to appropriate ground water for group domestic use expanded for a public water system located in a ground water quality management area declared under ORS 468B.180 for an amount of water equivalent to the amount of water provided by abandoned water wells as provided in OAR 690-310-0130(3) and (4), the proposed final order need not cite the findings of fact and conclusions of law described in paragraph (a)(B) to (E) of this subsection, except that the order must include a brief statement that explains the criteria considered relevant to the decision and the compatibility of the proposed use with applicable land use plans.
3. (3) The Department shall send copies of the proposed final order to the applicant by registered or certified mail. The Department shall send copies of the proposed final order by electronic means, unless the recipient requests mailing, to persons other than the applicant who have requested copies and paid the fee required under ORS 536.050. Within seven days after issuing the proposed final order, the Department also shall publish notice of the proposed final order by publication in the weekly notice published by the Department.

Statutory/Other Authority

ORS 536.027

Statutes/Other Implemented

ORS 537.153, ORS 537.621, ORS 537.620, ORS 537.615, ORS 537.525, ORS 183.415, Or Laws 2025, ch 605, section 20, Or Laws 2025, ch 605, sections 33-36, Or Laws 2025, ch 575, section 3a, Or Laws 2025, ch 575, section 5a & Or Laws 2025, ch 575, section 16a

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 5-2004, f. & cert. ef. 6-15-04
WRD 1-1996, f. & cert. ef. 1-31-96