OAR 690-380-9000: Clarification of Water Rights

(1) If the Director decides that a certificate of water right does not identify the lands to which the right is appurtenant with sufficient specificity for management, delivery, or transfer of that right, the Director may issue a proposed final order clarifying and defining the description of the land to which the right is appurtenant. (2) A clarification proposed final order may not reduce the rate, duty or number of acres stated in the perfected right. The sole purpose of the order is to better define the location to which the water right is appurtenant. (3) Any proposed final order issued under this section shall be served on the legal owner of the land to which the water right is appurtenant and on the occupant of the land, by certified mail, return receipt requested. If the owner or occupant files a written protest within 30 days after issuance of the proposed final order, the Department shall conduct a contested case hearing. (4) Except as described in subsection (3) of this rule, protests of and contested case proceedings concerning proposed final orders are governed by Or Laws 2025, ch 575 and OAR 690-002. Proposed final orders shall become final if no protest is filed or by default as provided in OAR 690-002-0235. (5) If no protest of a proposed final order is timely received, as a matter of law, the proposed final order shall become a final order on the date that is 33 days after the close of the time period for submitting a protest, with no further action required by the Department. (6) Not more than 33 days after the close of the time period for submitting a protest, the Department may withdraw a proposed final order for reconsideration and issuance of a superseding proposed final order. (7) The Department’s final order shall be filed with the certificate that the order clarifies. For all purposes, the final order shall constitute the description of the land to which the water right is appurtenant.