OAR 690-077-0054: Conversion of Minimum Perennial Streamflows to Instream Water Rights

(1) Pursuant to ORS 537.346, all minimum perennial streamflows established on any waters of this state before June 25, 1988, shall be converted to in-stream water rights. When the Department proposes to convert a minimum perennial streamflow to an in-stream water right under ORS 537.346, the Department shall issue a proposed final order reflecting the proposed conversion. (2) Any person or agency may request a contested case hearing on any of the conversions proposed within 45 days of issuance of a proposed final order. (3) Protests of, requests for party status, and contested case proceedings concerning proposed final orders are governed by Or Laws 2025, ch 575 and OAR chapter 690, division 002. Proposed final orders shall become final orders if no protest is filed or by default as provided in OAR 690-002-0235. (4) Within 60 days after the close of the period for receiving protests, if a protest was timely submitted, the Department shall: (a) Issue a final order as provided under ORS 537.170 (1) or (2), if the director finds that there are no significant issues related to the proposed conversion; (b) Schedule a contested case hearing if a protest has been submitted; or (c) Provide any person who timely submitted a protest or request for party status with an estimate of the timing of referring the contested case to the Office of Administrative Hearings for a hearing and notice that parties may provide settlement proposals. (5) A protest shall be filed individually for specific minimum perennial streamflows and shall be substantiated by evidence that: (a) The conversion will take away or impair permitted, certificated or decreed water rights to the same source of water and a statement of what conditions, if any, could be attached to the conversion to avoid the problems identified, or what clarifications are necessary; (b) The existing minimum perennial streamflow is not for a public use or exceeds the amounts necessary for the public use; and/or (c) The conversion from a minimum streamflow to an instream water right would not be in the public interest.