Oregon Revised Statutes Chapter 537 § 537.620 — Determination of completeness of application; initial review; preliminary

Determination of completeness of application; initial review; preliminary determination; notice; public comments. (1) The Water Resources Department shall accept all applications for permits submitted under ORS 537.615 in proper form. (2)(a) Within 15 days after receiving the application, the department shall determine whether the application contains the information listed under ORS 537.615 (2) and is complete and not defective, including the payment of all applicable fees or fee amounts required under ORS 537.615 (5). (b) If the department determines that the application is incomplete or defective or that not all applicable fees or fee amounts have been paid, the department shall return the fees paid and the application to the applicant. (c) If an application is complete and not defective, the department shall indorse on the application the date upon which the application was received at the department, which shall be the priority date for any water right issued in response to the application. (3)(a) Except as provided in paragraph (c) of this subsection, upon determining that an application is complete and not defective, the department shall determine whether the proposed use is prohibited by statute or not allowed pursuant to a restriction under ORS 536.415, if the department has information sufficient to make the determination at the time of application intake. (b) If the proposed use is prohibited under paragraph (a) of this subsection, the department shall return the application and all or a portion of the fees to the applicant with an explanation of the reason for the return. (c) Paragraph (a) of this subsection does not apply to applications: (A) Related to the recovery of ground water under an artificial recharge or aquifer storage and recovery project. (B) Under ORS 536.295. (4) If the proposed use is described in subsection (3)(c) of this section or is not prohibited as described in subsection (3)(a) of this section, the department shall undertake an initial review of the application and make a preliminary determination of: (a) Whether the proposed use is restricted or limited by statute or rule or because the proposed use is located within a designated critical ground water area; (b) Except for applications described in ORS 537.615 (7), the extent to which water is available from the proposed source during the times and in the amounts requested; and (c) Any other issue the department identifies as a result of the initial review that may preclude approval of or restrict the proposed use. (5)(a) Upon completion of the initial review and no later than 30 days after determining an application to be complete and not defective as described in subsection (2) of this section, the department shall notify the applicant of its preliminary determinations and allow the applicant 90 days from the date of the notice within which to notify the department to stop processing the application or to proceed with the application. (b) If, within 90 days from the date of the notice, the applicant notifies the department to stop processing the application or does not notify the department whether to proceed with processing the application, the department shall close the file for the application and take no further action on the application. (c) If, within 90 days from the date of the notice, the applicant notifies the department to proceed with the application and pays any remaining portion of the applicable fees, as described in ORS 536.056, the department shall: (A) Proceed with processing the application; and (B) Give notice of the initial review in the weekly public notice of the department and accept written public comments for 30 days. The notice must include a request for comments on the application and information pertaining to how an interested person may obtain future notices about the application and a copy of the proposed final order. (6) Within 30 days after the public notice under subsection (5) of this section, any person interested in the application shall submit written comments to the department. Any person who asks to receive a copy of the department’s proposed final order shall submit to the department the fee required under ORS 536.050 (1)(p). [1955 c.708 §10; 1981 c.589 §4; 1985 c.673 §55; 1989 c.201 §3; 1991 c.102 §2; 1991 c.400 §3; 1991 c.735 §35; 1993 c.557 §5; 1995 c.416 §23; 1997 c.587 §9; 2007 c.267 §3; 2009 c.819 §§9,16; 2013 c.644 §§8,9; 2017 c.571 §§7,8; 2021 c.515 §4; 2025 c.282 §20; 2025 c.605 §35] Note: The amendments to 537.620 by section 20, chapter 282, Oregon Laws 2025, become operative April 1, 2026, and apply to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025. The text that is operative