OAR 690-340-0060: Expedited Review Process for Applications to Use Stored Water Exclusively

This rule applies to applications submitted to the Department on or after April 1, 2026. Applications submitted before this date shall be subject to rules in effect at the time of submittal. (1) In lieu of the application process described in OAR 690-310-0070 through 690-310-0275, a person may apply for a permit to use stored surface water exclusively, to be evaluated through an expedited process. This process may not be used to apply for a permit to use water stored through an aquifer storage and recovery or artificial ground water recharge project under OAR chapter 690, division 350. (2) In addition to the information, materials, and fees required by OAR 690-310-0040 and a map that meets the standards in OAR chapter 690, division 305, a person applying under section (1) of this rule shall submit: (a) A copy of the permit, certificate, or decree as evidence that the proposed use of the stored water is one of the authorized uses under the permit, certificate or decree that allows the storage of water; or (b) If the storage is authorized under a permit or certificate, the permit or certificate number sufficient to allow the Department to determine that the proposed use of the stored water is one of the authorized uses under the permit or certificate that allows the storage of water; or (c) If the storage is authorized under a decree, the name of the decree, the volume number, and the page number(s) of the decree sufficient to allow the Department to determine that the proposed use of the stored water is one of the authorized uses under the decree that allows the storage of water. (3) Within 15 days after receiving an application, the Department shall determine whether the application contains the information required under section (2) of this rule and is complete and not defective, including the payment of all required fees. If the Department determines that the application is incomplete or defective or that all fees have not been paid, the Department shall return all fees and the application. (4) Upon determining that an application contains the required information and is complete and not defective, the Department shall indorse on the application the date upon which the application was received for filing at the Department. The priority date for use of water not previously reserved under OAR chapter 690, division 79 shall be the date the application was received for filing by the Department. (5) If an application is complete and not defective, the Department shall determine whether the proposed use is prohibited by any statute. If the proposed use is prohibited by statute, the Department shall reject the application and return all fees to the applicant with an explanation of the statutory prohibition. (6) As soon as practicable after determining that an application is complete and not defective, that all fees have been paid, and the use is not prohibited by statute as prescribed in section (5) of this rule, the Department shall give public notice of the application in the weekly notice published by the Department. (7) Within 30 days after the public notice prescribed in section (6) of this rule, any person may submit written comments to the Department. The 30-day comment period shall commence on the day the Department gives notice. All comments must be received by the Department on or before the last day of the 30-day comment period. For the Department to determine that a comment has raised or identified a public interest issue, the comment must: (a) Be relevant to the use of stored water proposed in the application, or to conditions that the Department has the authority to impose under ORS 537.147. The comment must allege facts in support of and specifically explain the relevance. Comments relevant only to the storage of water authorized by a previous water right transaction will not be determined to have raised a public interest issue relevant to the application; (b) Identify the specific public interest under ORS 537.170(8) that the commenter alleges would be affected by the proposed use of stored water; and (c) Allege facts relevant to the proposed use of stored water that, if true, would affect the identified public interest. (8) Following the end of the 30-day comment period, the Department may issue a final order and permit approving the application. (9) If the Department determines public interest issues are raised or identified pursuant to section (7) of this rule, the Department shall process the application as an application under ORS 537.150 and issue a proposed final order pursuant OAR 690-310-0150. (10) At a minimum, a permit issued under subsection (8) of this rule shall be conditioned to require: (a) Fish screens and by-pass devices and fish passage consistent with Oregon Department of Fish and Wildlife (ODFW) standards, unless the permittee submits written evidence that ODFW has determined that the devices are not necessary; (b) A measuring device at each point of diversion authorized under the permit. (11) Within 10 days of issuing a permit under subsection (8) of this rule, the Department shall: (a) Provide notice of the issuance in the weekly notice published by the Department, and (b) Send a copy of the permit to persons who have submitted comments pursuant to section (7) of this rule. The copy shall be sent by electronic means unless a person has requested mailing.