- (1) If a protest is filed under OAR 690-380-4030, the Department shall hold a hearing on the matter.
(2) If a protest has asserted that a water right to be transferred has been forfeited through non-use, the Department shall issue a notice of cancellation proceeding in accordance with ORS 540.631, and the hearing held pursuant to OAR 690-380-4200(1) shall also include the procedures described in OAR 690-017-0600 to 690-017-0900. The hearing on the transfer protest(s) shall include issues related to the notice of cancellation proceeding. The Department may also consolidate for hearing the protest(s) of a transfer application with a notice of proposed cancellation if:
- (a) The transfer application and the notice of proposed cancellation affect the same water right(s), and
- (b) The Department issues the notice of proposed cancellation prior to referral of the transfer protest to the Office of Administrative Hearings.
- (3) If the Department issues a proposed final order finding that a change in point of diversion or appropriation will not result in injury, but after hearing the Office of Administrative Hearings issues a proposed order finding that the change will result in injury, the applicant may file a notification of intent to request consent to the injurious transfer under OAR 690-380-5030 to 690-380-5050 within 15 days of receipt of the proposed order. Notwithstanding OAR 690-002-0175, a notification of intent pursuant to OAR 690-380-5030(1) stays the deadline for filing exceptions for a period of 90 days. A notification of intent pursuant to OAR 690-380-5030(2) stays the deadline for filing exceptions for a period of 180 days.
Statutory/Other Authority
ORS 536.025 & ORS 536.027
Statutes/Other Implemented
ORS 540.510 - 540.532 & Or Laws 2025, ch 575
History
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f & cert. ef. 5-1-03