Oregon Revised Statutes Chapter 537 § 537.153 — Review

Review of application; proposed final order; presumption that use will not impair or be detrimental to public interest; standing; protest; final order; contested case hearing. (1) Within 60 days after the Water Resources Department proceeds with the application under ORS 537.150 (5)(c), the department shall complete application review and issue a proposed final order approving or denying the application or approving the application with modifications or conditions. The department may request the applicant to provide additional information needed to complete the review. If the department requests additional information, the request shall be specific and shall be sent to the applicant by registered mail. The department shall specify a date by which the information must be returned, which shall be not less than 10 days after the department mails the request to the applicant. If the department does not receive the information or a request for a time extension under ORS 537.175 by the date specified in the request, the department may reject the application and may refund fees in accordance with ORS 536.050 (4)(a). The time period specified by the department in a request for additional information shall allow the department to comply with the 60-day time limit established by this subsection. (2) In reviewing the application under subsection (1) of this section, the department shall presume that a proposed use will not impair or be detrimental to the public interest if the proposed use is allowed in the applicable basin program established pursuant to ORS 536.300 and 536.340 or given a preference under ORS 536.310 (12), if water is available, if the proposed use will not injure other water rights and if the proposed use complies with rules of the Water Resources Commission. This shall be a rebuttable presumption and may be overcome by a preponderance of evidence that either: (a) One or more of the criteria for establishing the presumption are not satisfied; or (b) The proposed use will impair or be detrimental to the public interest as demonstrated in comments, in a protest under ORS 536.077 or in a finding of the department that shows: (A) The specific public interest under ORS 537.170 (7) that would be impaired or detrimentally affected; and (B) Specifically how the identified public interest would be impaired or detrimentally affected. (3) The proposed final order shall cite findings of fact and conclusions of law and shall include but need not be limited to: (a) Confirmation or modification of the preliminary determinations made in the initial review; (b) A brief statement that explains the criteria considered relevant to the decision, including the applicable basin program and the compatibility of the proposed use with applicable land use plans; (c) An assessment of water availability and the amount of water necessary for the proposed use; (d) An assessment of whether the proposed use would result in injury to existing water rights; (e) An assessment of whether the proposed use would impair or be detrimental to the public interest as provided in ORS 537.170; (f) A draft permit, including any proposed conditions, or a recommendation to deny the application; (g) Whether the rebuttable presumption that the proposed use will not impair or be detrimental to the public interest has been established; and (h) The date by which protests to the proposed final order must be received by the department. (4) The department shall mail copies of the proposed final order to the applicant and to persons who have requested copies and paid the fee required under ORS 536.050 (1)(p). The department also shall publish notice of the proposed final order by publication in the weekly public notice published by the department. (5) A person who asks to receive a copy of the department’s final order shall submit to the department the fee required under ORS 536.050 (1)(p), unless the person has previously requested copies and has paid the fee required under ORS 537.150 (6), the person is a protestant and has paid the fee required under ORS 536.050 (1)(j) or the person has party status and has paid the fees required under ORS 536.050 (1)(n) and (o). (6) The provisions of ORS 536.076 and 536.077, and rules adopted thereunder, apply to a contested case proceeding on a proposed final order issued under this section. (7) Within 60 days after the close of the period for receiving protests, if a protest was timely submitted, the Water Resources Director shall: (a) Issue a final order as provided under ORS 537.170 (1) or (2), if the applicant has not filed a protest and the director finds that there are no significant issues related to the proposed use of water; (b) Schedule a contested case hearing if a protest has been submitted; or (c) Provide any person who timely submitted a protest or request for party status with an estimate of the timing of referring the contested case to