OAR 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 restricted or limited by statute or rule; (b) The extent to which water is available from the proposed source during the times and in the amounts requested; and (c) Any other issue the Department identifies as a result of the initial review that may preclude approval of or restrict the proposed use. (2) Upon completion of the initial review and no later than 30 days after determining an application to be complete and not defective as described in OAR 690-077-0027, the Department shall send the applicant by electronic means, unless the applicant has requested mailing or other sending in written form, an initial review report setting forth the Department's preliminary determinations. The applicant shall have 90 days from the date the Department sends the initial review report within which to notify the Department in writing to stop processing the application or to proceed with the application. Given that state-agency instream water right applications may be submitted in batches, a single communication can suffice for more than one application in the batch if the communication specifies which applications the applicant would like the Department to continue processing. If the applicant notifies the Department to stop processing the application or does not notify the Department whether to proceed with processing the application, the Department shall close the application file and take no further action on the application.