OAR 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) The Department will record the date an application is received. If the Department finds the application incomplete, it will be returned to the applicant with the return date noted. The application will retain the priority date if sufficient information is provided within 30 days from the return of the application. (2) The Department will distribute initial information on the application under consideration and invite public comments on the requested minimum perennial streamflow and other water needs and problems within the stream subbasin. The application will be available for the public review. Public notice will be given to news media of the basin, state agencies, the planning departments of affected local governments, county commissioners, city council members and sent to the administrative rules mailing list. The Director may presume that the proposed minimum streamflow is compatible with the affected laws, regulations, and comprehensive plans of those agencies notified if no response is received within 60 days of the date shown on the notice. The Department will also mail the land use coordination statement referenced in OAR 690-076-0018(2)(k) to the planning departments of affected local governments. In the event of a land use dispute, as defined in 690-005-0015 (Definitions), the Director or Commission shall follow procedures provided in 690-005-0040 (Resolution of Land Use Disputes). Interested persons may request written notification of the required public hearing. (3) The department staff will analyze stream-flow and water use information and prepare a recommendation based on information listed in OAR 690-076-0025 and the review standards in 690-076-0030. (4) The Commission will schedule a hearing on the minimum streamflow application. If more than one application is pending in the same basin, hearings may be consolidated. The hearing may also encompass any supplemental action proposed by the Commission. The following material shall be available for public review at the time notice of the public hearing is published with the Secretary of State: (a) Minimum streamflow application(s); (b) Preliminary findings and analysis of alternatives by the Department; (c) Proposed action, including proposed findings and conclusions and a statement of reasons supporting the proposed action. (5) At least one member of the Commission will hold a public hearing in the affected basin to consider the proposed action. The proposal will be to adopt a requested minimum perennial streamflow(s), adopt a more appropriate minimum perennial streamflow rate(s) or reject the application. In addition, the Commission may propose alternative minimum streamflows or supplemental actions. Interested persons, organizations, and local, state and federal agencies may speak at the hearing or provide written comments. The Commission will specify a period for written comments. If the Commission determines it is in the public interest, additional hearings may be held to consider proposed actions. (6) The Commission may allow the applicant additional time to respond to evidence received at the hearing. (7) The Commission will take final action after reviewing the hearing record and a final recommendation of the Department.