OAR 690-380-4020: Notice of Proposed Final Order

(1) Upon issuance of the Department's proposed final order and, if applicable, draft remaining right certificate(s), the Department shall: (a) Send copies of the proposed final order and, if applicable, draft remaining right certificate(s) to the applicant by registered or certified mail in accordance with ORS 183.415; and (b) Give notice of the transfer application and proposed final order: (A) By publication in the Department's weekly public notice; (B) By publication in a newspaper having a general circulation in the area in which the water uses subject to transfer are located for a period of at least once each week for two consecutive weeks, if the Department determines that more than five water rights would be injured as a result of the change proposed in the transfer application; and (C) By sending by electronic means, or if requested by the recipient, by regular mail, a copy of the proposed final order, and the notice, and if applicable, the draft remaining right certificate(s), to each person who submitted comments under OAR 690-380-4005(1). (2) The notice shall include the following information about the application: (a) The type of transfer proposed and any amendments to the application that were made subsequent to the notice required under OAR 690-380-4005; (b) The locations of the applicant's existing and proposed water uses, the amount of water allowed under the right or portion thereof to be transferred, and the authorized source for the right; (c) The application file number; (d) The applicant's name and mailing address; (e) A statement that any person may file, jointly or severally, with the Department a protest within 30 days after the date of publication of the notice in the Department’s weekly public notice as prescribed by subsection (1)(a) of this rule; and (f) A summary of the Department's proposed final order. (3) If newspaper notice is required in subsection 1(b)(B), as provided in ORS 540.520(7), the cost of publication in a newspaper shall be paid by the applicant in advance of publication. The applicant shall include payment for the cost of publication including the direct cost of the notice and indirect costs which may not exceed twenty (20) percent of the direct costs. If publication in a newspaper is required, a copy of the notice, and a request for payment for the cost of publishing the notice shall be sent to the applicant by electronic means, or if requested by regular mail. The Department shall allow the applicant a period of not fewer than 30 days after the request for payment of newspaper publication costs to submit the required funds. The Department shall submit the notice to the newspaper within 15 days after receiving the payment. (4) The Department may deny the application for failure to pay in advance the costs of publication of the newspaper notice within the period allowed under section (3) of this rule.