Oregon Administrative Code

690-052-0140 Final Order Needed to Decommission An operator of a hydroelectric project operating solely under the authority of the State of Oregon may not make physical changes to decommission the project except in accordance with a final order issued by the Water Resources Direc…

690-052-0150 Disposition of the Water Right The hydroelectric water right for a project is subject to the provisions of ORS 543A.305 regarding the conversion of a hydroelectric water right to an instream right. Nothing in these rules or in 543A.305 prevents the operator from tran…

690-052-0160 Modification of Time Limits The Department, for good cause, may extend the time limits set forth in this division for a reasonable period of time. Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2) Statutes/Other Implemented: ORS 543 & ORS 543A History: WRD 16-…

690-053-0001 Purpose (1) The purpose of this division is to establish procedures to be used by the Water Resources Department in evaluating applications for amendments to hydroelectric licenses, power claims or certificates. These rules do not apply to new project proposals. Thes…

690-053-0005 Definitions The following definitions apply to the rules in this division: (1) "Commission" means the Water Resources Commission. (2) "Department" means the Water Resources Department. (3) "Director" means the director of the Water Resources Department. (4) "Augmenta…

690-053-0010 Amendment Application Form An amendment application shall be prepared in ink or typewritten on forms provided by the Department. Applications shall contain the following information: (1) Applicant’s name, mailing address, and telephone number. (2) Name appearing on p…

690-053-0015 Notice Requirements (1) The Department shall give notice of amendment applications received by publication in the Department's weekly notice "Public Notice of Water Use Requests." Any person interested in an amendment application shall submit written comments to the …

690-053-0020 Amendment Criteria Under ORS 543.092, upon the request of the hydroelectric water right, and the approval of the Department, a hydroelectric water right or certificate may be amended, provided that the amendment: (1) Is consistent with the final unified state positio…

690-053-0025 Types of Amendments that Will Be Considered Under These Rules All amendments allowed in this section must be consistent with the standards in 690-053-0020. (1) Hydroelectric water right holders as defined in ORS 543.075(2) may submit amendment applications that allow…

690-053-0030 Public Hearing (1) Based on review of the application, public comments received, the size of the project and other pertinent information, the Director will determine whether a public meeting and a request for additional studies or consultation will be required. (2) T…

690-053-0035 Issuance of Amendment Order After the close of the public comment periods, or the public hearing if one is held, and upon a finding that the proposed amendment meets standards in OAR 690-053-0020, the Department shall issue a proposed order within 120 days. (1) In de…

690-053-0040 Protests (1) Any person may submit a protest against a proposed amendment order. A protest shall be in writing and include: (a) The name, address and telephone number of the protestant. (b) A description of the protestant’s interest in the amendment and, if the prote…

690-053-0045 Contested Case Hearings (1) Within 30 days after the close of the period for receiving protests, the Director shall determine whether to issue a final order or schedule a contested case hearing. (2) The determination of whether to conduct a contested case hearing wil…

690-053-0050 Final Order (1) If after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Director determines that the proposed amendment is consistent with the amendment criteria set forth in OAR 690-053-0020, the…

690-054-0000 Purpose and Applicability These rules establish definitions and procedures for the conversion of a Hydroelectric Water Right to an Instream Water Right in accordance with ORS 543A.305. The conversion process is for Hydroelectric Water Rights beneficially used and whi…

690-054-0010 Definitions Unless the context requires otherwise, the following definitions apply in OAR Chapter 690, Division 54: (1) “Actual Use” means: (a) For a Project, the maximum amount of water, expressed in cubic feet per second (cfs), legally diverted through the hydroele…

690-054-0020 Notice of Consideration for Conversion: Eligibility Determinations and Preliminary Findings of Fact For the purposes of a notice of consideration for conversion to an Instream Water Right, the Director shall make the following eligibility determinations and prelimina…

690-054-0030 Notice of Consideration for Conversion: Requirements and Comment Period (1) The Director shall prepare a notice of consideration for conversion with a 30 calendar day comment period. The notice shall include the following information: (a) The eligibility determinatio…

690-054-0040 Proposed Final Order: Final Determinations and Findings of Fact Following the close of the comment period under OAR 690-054-0030, the Director shall prepare a proposed final order. The proposed final order shall recommend either to approve or to deny the conversion o…

690-054-0050 Notice of Proposed Final Order (1) The proposed final order shall be: (a) Distributed to the Holder and to all individuals, including all governmental entities, who have filed timely comments with the Department; and (b) Published in the Department’s weekly notice pu…

690-054-0060 Filing of Protests (1) All protests and comments must be received by the Director within the time specified in the notice of proposed final order. To become a party to a contested case hearing the fees required under ORS 536.050 must also be submitted by the date spe…

690-054-0070 Time and Place of Hearings, Exceptions, Final Order (1) The conduct of contested hearings shall be as provided in OAR 137-003-0501 to 137-003-0700. (2) If the proposed conversion is referred for a contested case hearing, a proposed order shall be issued by the Admini…

690-054-0080 Issuance of Instream Water Right Certificate After the Director issues a final order approving the conversion of a Hydroelectric Water Right to an Instream Water Right, the Department shall issue a certificate for an Instream Water Right. Each Instream Water Right is…

690-076-0005 Purpose Establishment of minimum perennial streamflows is a high priority of the Water Resources Commission and Water Resources Department. Minimum perennial streamflows are established as administrative rules to support fish and aquatic life or minimize pollution. M…

690-076-0010 Definitions The following definitions apply to OAR 690-076-0005 to 690-076-0035. (1) “Affected Local Government” means any local government as defined in OAR 690-005-0015, within whose jurisdiction a minimum perennial streamflow is proposed or established. (2) “Basin…

690-076-0015 Effect of Minimum Perennial Streamflows (1) Except for those uses exempted by a minimum streamflow, use of water under a permit or right with priority date later than the priority date of an established minimum streamflow will not be allowed when flows are below the …

690-076-0018 Application Standards for Minimum Perennial Streamflows (1) The Commission will accept applications for minimum perennial streamflows to support aquatic life or minimize pollution submitted by the Department of Fish and Wildlife or the Department of Environmental Qua…

690-076-0020 Review Process for Applications After receipt of an application for a minimum perennial streamflow, the Commission shall establish a schedule to complete a decision on the requested flow within one year. The schedule shall provide for the following review process: (1…

690-076-0025 Information Base (1) The Department and Commission shall consider the following information to the extent available, when evaluating applications: (a) Items of information listed in OAR 690-076-0018(2) through (5); (b) Water permits and rights of record and informati…

690-076-0030 Review Standards The Commission will apply the following standards when reviewing a minimum perennial streamflow application. (1) The Commission will assume the purposes of the minimum streamflow are as important as other water uses and approve the requested minimum …

690-076-0035 General Provisions and Policies (1) The Commission may identify potential water storage sites needed to encourage, promote and secure the maximum beneficial uses and control of the water resources under consideration in the evaluation of a minimum perennial streamflo…

690-077-0000 Purpose (1) The purpose of this Division is to establish the policy, procedures, criteria, standards and definitions which shall be applied by the Department and Commission in the evaluation of applications for establishing instream water rights. (2) This Division al…

690-077-0010 Definitions As used in this Division: (1) "Affected Local Government" means any local government, as defined in OAR 690-005-0015, within whose jurisdiction the diversion, conveyance, instream or out-of-stream use, or reservation of water is proposed or established. (…

690-077-0015 General Statements (1) Instream water rights shall not take away or impair any permitted, certificated or decreed right to any waters or to the use of any rights vested prior to the date of the instream water right. (2) The implementation of the instream water rights…

690-077-0019 State Agency Instream Water Right Applications: Process for Instream Water Right Certificate Requests (1) Except as provided in ORS 537.343, the Department shall process a request received under 537.336 for a certificate for an instream water right in accordance with…

690-077-0020 State Agency Instream Water Right Applications: Application Requirements (1) Only ODFW, DEQ and Parks are authorized to submit applications to the Department to establish instream water rights. Applications may be submitted at any time. (2) To promote coordination, O…

690-077-0027 Application Processing: Completeness Review (1) Within 15 days after receiving an application, the Department shall determine whether the application contains the information required under OAR 690-077-0020(4) and is complete and not defective. If the Department dete…

690-077-0029 Application Processing: Initial Review (1) If the proposed use is not prohibited as described in OAR 690-077-0027(3), the Department shall undertake an initial review of the application and make a preliminary determination of: (a) Whether the proposed use is restrict…

690-077-0031 Application Processing: Public Notice and Comments (1) If the applicant notifies the Department to proceed with the application as provided in OAR 690-077-0029(2), the Department shall proceed with processing the application. The Department shall give notice of the i…

690-077-0033 Application Processing: Public Interest Presumption (1) The Department shall presume that a proposed water use will not impair or be detrimental to the public interest if: (a) The proposed use is allowed in the applicable basin program established pursuant to ORS 536…

690-077-0037 Application Processing: Public Interest Review (1) Before issuing a proposed final order, the Department shall determine whether the public interest presumption is established for the proposed water use, as described in OAR 690-077-0033. (2) If the Department determi…

690-077-0039 Application Processing: Proposed Final Order (1) In developing the proposed final order, the Department shall consider all comments received under OAR 690-077-0031 and all findings of the Department, but the proposed final order need not separately address each comme…

690-077-0043 Application Processing: Protests and Conduct of Contested Case; Final Orders on Default when No Protest Filed (1) Protests of, requests for party status, and contested case proceedings concerning proposed final orders are governed by ORS 536.076, ORS 537.077, and OAR…

690-077-0047 Application Processing: Final Orders (1) In developing the final order, the Department shall consider all comments and protests received and all findings of the Department, but the final order need not separately address each comment and protest received. (2) If a pr…

690-077-0048 Application Processing: Final Public Interest Determination If the presumption of public interest under OAR 690-077-0033 is overcome in the manner described in 690-077-0037, then before issuing a final order, the Director or the Commission, if applicable, shall make …

690-077-0049 Application Processing: Statement of Findings Any order or proposed order by the Director or Commission that approves, reduces, conditions or denies an instream water right application shall include a statement or findings that sets forth the basis for the approval, …

690-077-0051 Application Processing: Contested Case Hearing on Final Order that Modifies Proposed Final Order If a timely protest of a proposed final order was filed by a person other than the applicant and, as described in ORS 537.153(7)(a), the Director issues a final order wit…

690-077-0052 Application Processing: Time Requirements (1) Except as provided in Section (2) of this rule, the Department shall issue a final order or schedule a contested case hearing on an application for a water right referred to in ORS 537.336 within 180 days after the Depart…

690-077-0053 Application Processing: Issuance of Instream Water Right Certificate After the Director issues a final order approving an instream water right, the Department shall issue a certificate for an instream water right according to the provisions of ORS 537.341. The instre…

690-077-0054 Conversion of Minimum Perennial Streamflows to Instream Water Rights (1) Pursuant to ORS 537.346, all minimum perennial streamflows established on any waters of this state before June 25, 1988, shall be converted to in-stream water rights. When the Department propose…