OAR 690-077-0033: Application Processing: Public Interest Presumption

(1) The Department shall presume that a proposed 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 536.300 and 536.340 or given a preference under 536.310(12); (b) Water is available; (c) The proposed use will not injure other water rights; and (d) The proposed use complies with the rules of the Commission. (2) The public interest presumption described in Section (1) of this rule is a rebuttable presumption and may be overcome by a preponderance of the evidence that either: (a) One or more of the criteria for establishing the public interest presumption are not satisfied; or (b) The proposed use will impair or be detrimental to the public interest as demonstrated in comments, protests or a finding of the Department that shows: (A) The specific public interest under ORS 537.170(7) that would be impaired or detrimentally affected; and (B) Specifically how the identified public interest would be impaired or detrimentally affected.