Oregon Administrative Code

690-310-0070 Completeness Review (1) Within 15 days after receiving an application, the Department shall determine whether the application contains the information required under OAR 690-310-0040 and is complete and not defective, including the payment of the portion of the exami…

690-310-0080 Initial Review (1) If the proposed use is not prohibited as described in OAR 690-310-0070(4) or (5), 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 …

690-310-0090 Public Notice and Comments (1) If the applicant notifies the Department to proceed with the application as provided in OAR 690-310-0080(2) and pays any remaining portion of the application examination fees, the Department shall proceed with processing the application…

690-310-0100 Completion of Application Review; Additional Information and Proposed Final Order (1) Within 60 days after the applicant notifies the Department to proceed with the application as provided in OAR 690-310-0080(2) and pays any remaining portion of the application exami…

690-310-0110 Public Interest Presumption; Surface Water (1) The Department shall presume that a proposed surface 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.…

690-310-0120 Public Interest Review; Surface Water (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 690-310-0110. (2) If the Department determines that …

690-310-0130 Public Interest Presumption; Groundwater (1) The Department shall presume that a proposed groundwater use will ensure the preservation of the public welfare, safety and health as described in ORS 537.525 if: (a) The proposed use is allowed in the applicable basin pro…

690-310-0140 Public Interest Review; Groundwater (1) Before issuing a proposed final order, the Department shall determine whether the presumption under OAR 690-310-0130 is established for the proposed groundwater use, as described in OAR 690-310-0130. (2) If the Department deter…

690-310-0150 Proposed Final Order (1) In developing the proposed final order, the Department shall consider all comments received under OAR 690-310-0090(4), but the proposed final order need not separately address each comment received. (2)(a) The proposed final order shall cite …

690-310-0160 Protests and Conduct of Contested Case; Final Orders on Default when No Protest Filed (1) Proposed final orders shall become final if no protest is filed or by default as provided in OAR 690-002-0235. Protests of, requests for party status, and contested case proceed…

690-310-0190 Final Order for Proposed Use of Surface Water when Proposed Final Order Protested (1) If a protest of a proposed final order issued under ORS 537.153 is timely filed and, after the contested case hearing or, if a hearing is not held, after the close of the period all…

690-310-0200 Final Order for Proposed Use of Groundwater when Proposed Final Order Protested (1) If a protest of a proposed final order issued under ORS 537.621 is timely filed and, after the contested case hearing or, if a hearing is not held, after the close of the period allow…

690-310-0210 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) or 537.621(8)(a), the Director issues a final order without ho…

690-310-0220 Final Determination of Public Interest (Surface Water) or Public Welfare, Safety and Health (Groundwater) (1) If the presumption of public interest under OAR 690-310-0110 or 690-310-0130 is overcome, then before issuing a final order, the Director or the Commission, …

690-310-0240 Approval, Condition or Rejection of Permit Application Generally (1) When an application discloses the probability of wasteful use or undue interference with existing wells or that any proposed use or well will impair or substantially interfere with existing rights t…

690-310-0250 Permit Conditions Related to Well Construction and Maintenance All permits for use of water from wells shall provide that the well shall be constructed in accordance with the Water Resources Department’s General Standards for the Construction and Maintenance of Wells…

690-310-0260 Water Rights Within or Above State Scenic Waterways (1) Pursuant to the provisions of ORS 390.835, and these rules the Director is authorized to: (a) Issue water rights within or above the designated reach of a scenic waterway provided the free-flowing character of t…

690-310-0270 Timelines (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 within 180 days after the Department proceeds with the application under OAR 690-310-0080(2…

690-310-0275 Applicability of Mandatory Timelines The mandatory timelines set forth in division 310 for processing applications shall not apply to applications filed before October 31, 1996. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: Sec. 46, Ch. 416 & OL …

690-310-0280 Assignment of Application Assignment or change of ownership of application: (1) When a change of interest or ownership occurs in lands covered by a pending application the record holder may request, in writing, the Director to record the assignment to the new owner; …

690-315-0010 Purpose and Definitions (1) OAR 690-315-0010 through 690-315-0100 establish the procedures and standards by which the Department shall evaluate applications for extensions of time for water right permit holders to: (a) Begin actual construction pursuant to ORS 537.24…

690-315-0020 Application for Extension of Time for Other Than Municipal and Quasi-Municipal Water Use Permits (1) Under this rule, unless otherwise specified in ORS 537.230 or ORS 537.630, water right permit holders for other than municipal or quasi-municipal uses may apply to th…

690-315-0030 Application for Extension of Time to Begin Construction on Storage Projects (1) Counties, municipalities or districts constructing new storage projects pursuant to ORS 537.248 may apply for extensions of time to begin actual construction, complete construction, or co…

690-315-0040 Criteria for Department Review of Extension Applications for Other Than Municipal and Quasi-Municipal Water Use Permits (1) In order to approve an application for an extension of time to complete construction and/or apply water to full beneficial use pursuant to ORS …

690-315-0050 Department Action on Extension Applications If the Department finds an applicant has submitted a completed extension application as required in OAR 690-315-0020 or 690-315-0030, the Department shall process the extension application as established in this rule. (1) T…

690-315-0060 Proposed Final Order Hearing Rights The applicant or any other person adversely affected or aggrieved by the proposed final order described in OAR 690-315-0050(2) may submit a written protest to the proposed final order. The written protest must be filed within 45 da…

690-315-0070 Application for Extension of Time for Municipal and Quasi-Municipal Water Use Permits (1) Under this rule, holders of municipal and quasi-municipal water use permits may apply to the Department for an extension of time to complete construction and/or apply the water …

690-315-0080 Criteria for Department Review of Extension Applications for Municipal and Quasi-Municipal Water Use Permits (1) In order to approve an application for an extension of time for municipal and quasi-municipal water use permits holders to complete construction and/or ap…

690-315-0090 Time of Extensions and Additional Development of Municipal and Quasi-Municipal Water Use Permits (1) Extensions may be granted for the reasonable time necessary to complete water development or apply all the water to beneficial use; however, for quasi-municipal water…

690-315-0100 Department Action on Extension Applications by Holders of Municipal Water Supply Permits If the Department finds an applicant has submitted a completed application as required under OAR 690-315-0070, the Department shall process the application as established under O…

690-320-0010 Extension of Time Limits (1) Effective until July 1, 2001, this rule establishes the procedures and standards by which the Department shall evaluate applications for extensions of time for water right permit holders to: (a) Begin actual construction pursuant to ORS 5…

690-320-0020 Cancellation of Permit When it appears from an onsite examination by the Water Resources Department that no appropriation has been made under the terms of the permit, or that use once made has undergone a period of five successive years of nonuse, a certified letter …

690-320-0030 Claims of Beneficial Use for Applications Filed After June 30, 1987 Except for applications filed under the provisions of OAR 690-340-0220, all final proof surveys and claims of beneficial use for applications filed after July 9, 1987 shall be performed by Certified …

690-320-0040 Incremental Perfection of a Municipal Water Right (1) A municipal supplier may incrementally perfect a portion of the quantity of water authorized by any of its municipal water use permits. For the purpose of incrementally perfecting water rights, a municipal supplie…

690-320-0050 Temperature Control Where a permit has been issued for use of water for temperature control (either heat or cold), a report detailing the amount of water used, the times of application and conditions requiring the use of water for temperature control shall be require…

690-320-0060 Assignment or Change of Ownership of a Permit or Groundwater Registration (1) When a change of interest or ownership occurs in lands covered by a permit or groundwater registration, the record holder may request, in writing, the Director to record the assignment of a…

690-320-0070 Primary and Supplemental Rights (1) Cancellation of primary rights: (a) A notice given pursuant to ORS 540.631 for the proposed cancellation of a primary water right for irrigation of certain lands shall include notice of the proposed cancellation of any supplemental…

690-325-0010 Purpose The rules in OAR chapter 690, division 325 establish requirements and procedures to implement assignments under ORS 537.225 to 537.227. Except for OAR 690-325-0100, these rules shall apply to applications for assignments submitted on or after April 1, 2026. A…

690-325-0020 Applicability (1) Pursuant to ORS 537.225, the Department can only accept an application for an assignment for a water right permit split and request for issuance of replacement water right permits to reflect the assignment if: (a) The original water right permit is …

690-325-0030 Definitions The definitions in this rule, along with the definitions in OAR 690-300-0010 (Definitions) and OAR 690-380-0100 (Water Right Transfers), apply to the rules in OAR chapter 690, division 325. Where a term is defined in more than one rule, the definition in …

690-325-0040 Application Requirements Each application shall be prepared in ink or typewritten on forms provided by the Department. The application shall contain the following information concerning the subject water right permit and assignment: (1) The name, mailing address, e-m…

690-325-0050 Map Requirements (1) A map shall be included with the application required under OAR 690-325-0040. The map shall meet the standards in OAR chapter 690, division 305 as well as the following criteria: (a) The map shall be prepared by a certified water right examiner a…

690-325-0060 Receipt of Application; Fees (1) The applicant is required to pay the Water Resources Department the full cost to the Department of processing the application. (2) Within 15 days upon receipt of an application containing all the requirements described under OAR 690-3…

690-325-0070 Initial Review and Issuance of Draft Documents (1) The Department’s evaluation of the application shall include: (a) Verification of the mailing address of each owner of the authorized place of use identified on the map contained in the application; (b) Verification …

690-325-0080 Public Notice and Request for Comments (1) Within ten days of proceeding with the application under OAR 690-325-0070(3), the Department shall give notice of the application in the weekly public notice published by the Department. The notice shall include a request fo…

690-325-0090 Proposed Final Order; Public Notice (1) Within 30 days after the comment period closes under OAR 690-325-0080(3), the Department shall issue a proposed final order either approving or denying the application, taking into account comments received in response to the p…

690-325-0100 Protests (1) Protests of and contested case proceedings concerning proposed final orders are governed by ORS 536.076, ORS 536.077, and OAR chapter 690, division 002, except that the issues raised in the protest must directly pertain to whether the proposed replacemen…

690-325-0110 Criteria for Approval and Replacement Water Right Permits (1) An application for an assignment for a water right permit split and issuance of replacement water right permits shall be approved regardless of whether the time specified in the permit or, if applicable, t…

690-330-0010 Proof of Appropriation (1) ORS 537.250(1) and 537.630(3) prescribe that the Director shall issue a certificate of water right upon satisfactory proof of appropriation. Satisfactory proof shall be following: (a) A determination by the Department that appropriation of …

690-330-0020 Request for Reconsideration of the Contents of a Proposed Certificate (1) A request for reconsideration of the contents of a proposed certificate may be prepared by the permittee or landowner and submitted to the Department. The requests shall describe any disagreeme…