1. (1) A person proposing to use stored, surface or ground water from another source in exchange for supplying replacement water in an equal amount pursuant to ORS 540.533 to 540.543 shall file an exchange application with the Department along with the fee required under ORS 536.050.
2. (2) After receipt of a complete exchange application, the Department shall give notice of the application by publication in the Department’s weekly public notice and accept written public comments for 30 days.
3. (3) Any person may submit comments by the date identified in the notice prescribed by section (2) of this rule.

4. (4) After the comment period prescribed in section (2) of this rule, the Director shall:

   1. (a) Issue a proposed final order recommending approval or denial of the application in compliance with ORS 540.537 taking into account comments received under section (3) of this rule; and
   2. (b) Notify the applicant and any person who submitted comments under section (3) of this rule of issuance of the proposed final order.
5. (5) Protests of, requests for party status, and contested case proceedings concerning proposed final orders are governed by Or Laws 2025, ch 575 and OAR 690-002. Proposed final orders shall become final if no protest is filed or by default as provided in OAR 690-002-0235.
6. (6) If no protest of a proposed final order is timely received, as a matter of law, the proposed final order shall become a final order on the date that is 33 days after the close of the time period for submitting a protest, with no further action required by the Department.
7. (7) Not more than 33 days after the close of the time period for submitting a protest, the Department may withdraw a proposed final order for reconsideration and issuance of a superseding proposed final order.

Statutory/Other Authority

ORS 536.025 & ORS 536.027

Statutes/Other Implemented

ORS 540.533 - 540.543, Or Laws 2025, ch 282 & Or Laws 2025, ch 575

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 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f & cert. ef. 5-1-03