OAR 690-079-0160: Extension of Reservations

(1) This section establishes a process to consider extending reservations established in basin program rules pursuant to ORS 537.249 or 537.356 that are set to expire unless extended in rule by the Water Resources Commission. (2) Notwithstanding OAR 690-079-0020 to 690-079-0150, applications to extend reservations established in basin program rules shall be processed according to the provisions in this section. (3) Prior to termination of the approved term of reservation, the applicant may apply for a time extension of up to 20 years from the expiration date established in rule. An approved time extension shall retain the priority date of the original reservation. (4) An application for an extension shall contain the information required in OAR 690-079-0170. (5) The Department shall provide notification, accept public comment, and hold hearings as provided in ORS 183.335, 536.300(3), and OAR 690, Division 1. Notice shall also be provided to Oregon Department of Environmental Quality, Oregon Department of Fish and Wildlife, Oregon Parks and Recreation Department, and Business Oregon. The public comment period shall be no less than 30 days. (6) In considering an application to extend a reservation, the Commission shall review information in the application, comments received, and information and recommendations provided by the Department. The Commission may extend the reservation up to 20 years unless the Commission determines the reservation is no longer consistent with ORS 536.310 or with rules of the Commission. The Commission may modify the reservation or include conditions as necessary for the reservation to remain consistent with ORS 536.310 and the purpose of reserving water for future economic development.