OAR 690-325-0070: Initial Review and Issuance of Draft Documents

(1) The Department’s evaluation of the application shall include: (a) Verification of the mailing address of each owner of the authorized place of use identified on the map contained in the application; (b) Verification that the deed(s) supplied with the application matches the properties proposed for the assignments; (c) Verification that the most recent water use under the water right permit, if any, has been exercised within relevant terms and conditions of the water right permit; and (d) Assessment of whether the application will result in enlargement of the original water right permit and in injury to other, existing water rights. (2) Once the evaluation described in OAR 690-325-0070(1) has been completed, the Department shall either: (a) Prepare an initial review to approve the application. The initial review shall include finding(s) that the Department has found that the proposed replacement water right permits will not result in the enlargement of the original water right permit nor injury to other, existing water rights, and that the water right permit has been exercised by the applicant in compliance with the terms and conditions of the water right permit. If an initial review to approve the application is prepared under this subsection, the Department shall also prepare drafts of the replacement water right permits; or (b) Prepare an initial review to deny the application. The initial review shall include finding(s) that the Department has found that the proposed replacement water right permits will result in the enlargement of the original water right permit and/or injury to other, existing water rights and/or that the water right permit has not been exercised by the applicant in compliance with the terms and conditions of the water right permit. (3) Within 30 days after the appropriate fees specified in OAR 690-325-0060 have been received, the Department shall send by electronic means, or if requested by the applicant, by regular mail, copies of the application, map, existing water right permit, initial review, and, if the criteria in OAR 690-325-0070(2)(a) are met, draft replacement water right permits, to each owner of land upon which the water right permit is appurtenant.