OAR 690-002-0005: Applicability

(1) OAR 690-002-0000 through 690-002-0023 and 690-002-0080 through 690-002-0190 apply to all contested case hearings for the Water Resources Department, except for contested case hearings held pursuant to ORS chapter 539. (2) OAR 690-002-0200 through 690-002-0235 apply to: (a) A contested case hearing under a provision of ORS chapter 537 or 540 that references ORS 536.076 and 536.077. (b) A contested case hearing on an application related to the use of water under a provision of ORS Chapter 537, 540 or 541 in which the contested case proceeding is provided for in rule or order and the rule or order refers to ORS 536.076 and 536.077. (3) OAR 690-002-0025 through 690-002-0075 apply to contested case hearings not listed in subsection (2) of this rule, except for contested case hearings pursuant to ORS chapter 539. (4) For cases under subsection 2, except as provided in subsections (5) and (6): (a) These Division 2 rules apply to contested cases that have not been referred to the Office of Administrative Hearings before April 1, 2026. (b) The Department shall use the rules in effect at the time of referral for those cases referred prior to April 1, 2026. (5) For cases under subsection 2, the requirements of ORS 536.077, governing the filing of protests and requests for party status, apply to protests and requests for party status with deadlines on or after January 1, 2026. (6) For protests on cases under subsection 2 that were pending on or before January 1, 2026, the Department shall provide to applicants, protestants, persons that submitted a request for standing, persons that have submitted standing statements, and persons that have requested or been granted party status mailed notice of the provisions and requirements of ORS 536.076 and 536.077. The notice shall also state that a person that submitted a request for party status before January 1, 2026, need not amend the request. The Department shall provide not less than 90 days after issuance of the notice for: (a) A person that submitted a request for standing to request party status. (b) A protestant to amend the protest as necessary to comply with the provisions of ORS 536.077. The amended protest may not add issues not raised in the original protest. (7) For cases not under subsection 2, these rules will apply to protests filed on or after April 1, 2026.