OAR 690-310-0020: Requirement to Notify Owner of Land Crossed by Proposed Ditch, Canal or Other Work

(1) The Department shall not issue a permit without notifying the owner, as identified in the application, of any lands not owned by the applicant to be crossed by a proposed ditch, canal or other work, or any lands not owned by the applicant within the proposed place of use, as set forth in the application. The Department shall provide the notice even if the applicant has obtained written authorization or an easement from the owner. (2) If more than 25 persons are identified in the application as required under OAR 690-310-0040(1)(a)(F), the Department may provide the notice required under section (1) of this rule by publishing notice of the application in a newspaper having general circulation in the area in which the proposed ditch, canal or other work is located at least once each week for at least two successive weeks. The cost of the publication shall be paid by the applicant in advance to the Department.