OAR 690-013-0310: Processing of Petition

(1) When the Department receives a petition and map the Director shall examine the petition and map under OAR 690-013-0350. If, after the petitioner has had an opportunity to correct identified deficiencies, this examination shows that the district has met the requirements of ORS 541.325 to 541.333 and that the proposed changes would not result in injury to existing water rights, the Director shall issue a proposed order approving the petition as submitted or as modified. If the Director proposes to deny a petition, the Commission shall hold a hearing as described in section (5) of this rule. (2) The Director shall provide public notice of all proposed orders through publication in the Department's Weekly Summary of Applications Filed. The Director shall also mail a summary of the proposed order to the planning department of each affected local government, to a newspaper of general circulation within the affected area, to any person who has requested notification of proposals and any other parties the Director determines should be notified. These notice requirements shall not affect petitioner's notice responsibilities under ORS 541.329. (3) Within 30 days after a proposed order is issued the petitioner shall provide notice to the owners of all lands whose rights, as recorded in the state's records or in the district's records, would be altered by the proposed order. This notice shall be sent to the last-known address of the landowner, with a return receipt requested. The notice shall include the number of acres of land, or its equivalent, for which the landowner is being assessed, if any, a general description or tax lot number of the land whose right will be altered, and a description of the use. In addition to the notice of the proposed order sent to the landowners, for proposed orders issued by the Department prior to February 1, 2012, the petitioner shall publish at the same time notice in a newspaper having general circulation in the area in which the water rights are located for a period of at least three weeks, but for proposed orders issued on or after February 1, 2012, for a period of at least two weeks. Not less than one publication in each week shall be made. The notice shall state: (a) The number of acres of water right that each parcel shall receive; (b) That the proposed map and order are available for inspection at the office of the petitioner during normal business hours for a period of 120 days from the date of first publication; (c) That 120 days after the date of first publication, the Commission shall approve the petition and map and issue a final order unless a protest is filed or the petition does not meet the requirements of ORS 541.325 to 541.333; and (d) That a landowner whose right of record is to be altered by the proposed order has the right to protest the proposed order and map. (4) Any landowner or user whose rights, as recorded in either the state's records or the district's records, would be altered by the petition may file with the Water Resources Commission, within 120 days after the date of first newspaper publication, as provided in section (3) of this rule, a protest against a proposed order approving the petition. Any person may file comments on the proposed order within 120 days of the date of first newspaper publication. The Director may work with any person or agency submitting protests or comments and the petitioner to determine whether the issues can be resolved through mutually agreeable conditions, or by modifications to the proposal. Whenever a timely protest cannot be resolved, the Commission shall schedule a hearing to consider the protest. The Commission shall also schedule a hearing whenever, in its opinion, considering timely comments received, it is necessary to determine: (a) If the petitioner has met the requirements of ORS 541.325 to 541.333; (b) If the petition may result in injury to existing water rights. The hearing shall be conducted according to the provisions of ORS 183.310 to 183.550 applicable to contested cases. (5) If after examination or hearing, the Commission finds that: (a) The petitioner has met the requirements of ORS 541.325 to 541.333; and (b) That the changes described in the proposed order would not result in injury to existing rights; then (c) The Commission shall issue a final order approving the petition and map as described in the proposed order. If the Commission cannot make the findings in subsections (a) and (b) of this section then the final order may modify or deny the petition, and may include conditions, as necessary to ensure that existing water rights are not injured. However, no final order denying a petition shall be issued before holding a hearing on the denial. If a final order approving a petition is issued, and if a water right has been issued previously, the Commission shall cancel the previous certificate and issue a new certificate that conforms to the final order and map and retains the original priority date. [Publications: Publications referenced are available from the agency.]