1. (1) After the conclusion of the public comment period described in OAR 690-382-0600(2), the Department shall:

   1. (a) Issue a proposed final order indicating whether the modification should be recognized, taking into account comments received in response to the notice provided under OAR 690-382-0600 and the considerations described in section (2) of this rule; and
   2. (b) Give notice of the modification application and proposed final order in the manner described in OAR 690-382-0800.

2. (2) The Department’s proposed final order shall conclude whether the application is consistent with the following approval criteria for recognition:

   1. (a) The proposed modification would not result in enlargement as defined in OAR 690-382-0100(2);
   2. (b) The proposed modification would not result in a state Scenic Waterway receiving less water than previously available during periods in which streamflows are less than the quantities determined by the Department to be necessary to meet the requirements of ORS 390.835;
   3. (c) The proposed modification would not result in injury as defined in OAR 690-382-0100(3); and
   4. (d) Any other requirements applicable to the modification of the certificate of registration are met.

3. (3) For a proposed final order that indicates that an application should not be recognized because it is not consistent with the approval criteria for recognition outlined in section (2) of this rule, the proposed final order shall:

   1. (a) Describe the basis for the Department’s conclusions; and
   2. (b) Identify any conditions or restrictions that, if included in the order recognizing the modification, would allow recognition of the modification.

Statutory/Other Authority

ORS 536.025, ORS 536.027 & ORS 537.610

Statutes/Other Implemented

ORS 537.610, ORS 540.505-540.532 & Or Laws 2025, ch 575

History

WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2009, f. & cert. ef. 6-18-09
WRD 5-2006, f. & cert. ef. 10-6-06