OAR 690-077-0052: Application Processing: Time Requirements

(1) Except as provided in Section (2) of this rule, the Department shall issue a final order or schedule a contested case hearing on an application for a water right referred to in ORS 537.336 within 180 days after the Department proceeds with the application under OAR 690-077-0029(2). (2) If the applicant requests an administrative hold on processing of the application, the Department may extend the 180-day period set forth in Section (1) of this rule for a reasonable period of time. The cumulative length of extensions requested through administrative holds shall not exceed 180 days except upon a finding by the Director that a longer extension is reasonable and necessary for the applicant to engage in collaborative conversations with interested parties that provided public comment under OAR 690-077-0031(4), and the extension does not exceed two years. (3) If the applicant does not request an extension under Section (2) of this rule and the Department fails to issue a proposed final order or schedule a contested case hearing on an application for a water right within 180 days after the Department proceeds with the application under OAR 690-077-0029(2), the applicant may apply in the Circuit Court for Marion County for a writ of mandamus to compel the Director to issue a final order or schedule a contested case hearing on an application for a water right. (4) The mandatory timelines set forth in division 77 for the Department to process applications shall not apply to applications filed before October 31, 1996.