OAR 690-077-0100: Miscellaneous Provisions: Precedence of Future Uses

(1) The applicants for a proposed multipurpose storage project may submit a formal written request to the Department to establish precedence over an instream water right created through OAR 690-077-0020. (2) An applicant for a right to use water for municipal purposes may submit a formal written request to the Department to establish precedence over an instream water right created through OAR 690-077-0020. (3) A municipal applicant, as defined in ORS 537.282, for a hydroelectric project, may submit a formal written request to the Department to establish precedence over an instream water right created through OAR 690-077-0020. (4) The Department shall accept public comment on the request.. The Department shall provide notice of the public comment opportunity in its weekly public notice. (5) After considering public comment received, the Department shall incorporate the Department’s decision on precedence into the proposed final order on the application. Based on consideration of the factors in ORS 537.170(7), the Department may decide to: (a) Approve the requested precedence; (b) Approve the requested precedence with conditions; or (c) Deny the requested precedence. (6) The Department shall incorporate findings that explain the basis for the decision made in Section (5) of this rule into the proposed final order on the application.