If the Department finds an applicant has submitted a completed extension application as required in OAR 690-315-0020 or 690-315-0030, the Department shall process the extension application as established in this rule.

1. (1) The Department shall publish notice of the extension application in its weekly public notice prior to issuance of a proposed final order on the extension request. The notice shall include a request for comments on the extension application, the date by which comments must be received by the Department and information about how an interested person may review or obtain a copy of the extension application. The comment period shall be at least 30 days. The notice shall also include the following information about the permit and the extension application:

   1. (a) Applicant name and address;
   2. (b) Amount of water use permitted in gallons per minute (gpm), cubic feet per second (cfs) or acre feet (af) of storage;
   3. (c) Common name of water source(s) listed in the permit;
   4. (d) Permit number;
   5. (e) Use allowed in the permit;
   6. (f) Proposed extended date of completion; and
   7. (g) A statement that copy fees are required to receive a proposed final order under subsection 3.
2. (2) After consideration of the administrative record, including but not limited to any comments filed on the extension application, the Department shall issue a proposed final order granting the extension request, with or without additional conditions, or denying the extension request. The Department is not required to respond directly to comments, but may respond to the issue, if applicable and relevant to the decision, within the proposed final order.
3. (3) The Department shall send the proposed final order issued under subsection (2) of this rule to the applicant by certified or registered mail. The Department shall send a copy of the proposed final order by regular mail to any person other than the applicant who submitted comments and has paid the copy fee required under ORS 536.050. The Department shall also publish notice of the proposed final order in the weekly notice published by the Department.
4. (4) Permit time extensions may be granted for the reasonable time necessary to complete water development or apply all the water to beneficial use, within the time allowed by the applicable statute.

5. (5) Extension orders may include, but are not limited to, any condition or provision needed to:

   1. (a) Ensure future diligence;
   2. (b) Mitigate the effects of the subsequent development on competing demands on the resource; and
   3. (c) Periodically document the continued need for the permit.

Statutory/Other Authority

ORS 536.025 & ORS 536.027

Statutes/Other Implemented

ORS 536.050, ORS 537.230, ORS 537.248, ORS 537.630, ORS 539.010 & 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 4-1998, f. & cert. ef. 11-2-98