OAR 690-380-4200: Hearings

(1) If a protest is filed under OAR 690-380-4030, the Department shall hold a hearing on the matter. (2) If a protest has asserted that a water right to be transferred has been forfeited through non-use, the Department shall issue a notice of cancellation proceeding in accordance with ORS 540.631, and the hearing held pursuant to OAR 690-380-4200(1) shall also include the procedures described in OAR 690-017-0600 to 690-017-0900. The hearing on the transfer protest(s) shall include issues related to the notice of cancellation proceeding. The Department may also consolidate for hearing the protest(s) of a transfer application with a notice of proposed cancellation if: (a) The transfer application and the notice of proposed cancellation affect the same water right(s), and (b) The Department issues the notice of proposed cancellation prior to referral of the transfer protest to the Office of Administrative Hearings. (3) If the Department issues a proposed final order finding that a change in point of diversion or appropriation will not result in injury, but after hearing the Office of Administrative Hearings issues a proposed order finding that the change will result in injury, the applicant may file a notification of intent to request consent to the injurious transfer under OAR 690-380-5030 to 690-380-5050 within 15 days of receipt of the proposed order. Notwithstanding OAR 690-002-0175, a notification of intent pursuant to OAR 690-380-5030(1) stays the deadline for filing exceptions for a period of 90 days. A notification of intent pursuant to OAR 690-380-5030(2) stays the deadline for filing exceptions for a period of 180 days.