(1) Approval of a district permanent transfer of water right for nonuse application under ORS 540.572 and OAR 690-385-5000, may be protested:
- (a) By any user; and
- (b) Within 60 days of mailing the notice under OAR 690-385-5400.
- (2) Protests shall be filed in accordance with OAR 690, division 002, and shall include the fee required under ORS 536.050.
- (3) Each person submitting a protest shall raise all reasonably ascertainable issues and submit all reasonably available arguments supporting the person's position by the close of the protest period. Failure to raise a reasonably ascertainable issue in a protest or failure to provide sufficient specificity to afford the Department an opportunity to respond to the issue precludes consideration of the issue during the hearing.
Statutory/Other Authority
ORS 536.025 & 536.027
Statutes/Other Implemented
ORS 540.578
History
WRD 9-2004, f. & cert. ef. 11-16-04