OAR 690-382-0550: Completeness Review and Initial Review

(1) On receipt of an application for modification, the Department shall review the application to determine if all fees have been paid and the applicant has included the information required by OAR 690-382-0400. (2) If the Department determines that the application does not include the required information, the Department shall return the application and any fees to the applicant along with a written description of the deficiencies in the application. (3) If the Department determines the application is complete and all fees have been paid, the Department shall file the application and undertake an initial review of the application that includes an assessment of whether: (a) The proposed modification would result in enlargement, as defined in OAR 690-382-0100(2); (b) The proposed modification would result in a state Scenic Waterway receiving less water than previously available during periods in which streamflows are less than the quantities determined by the Department to be necessary to meet the requirements of ORS 390.835; (c) The proposed modification would result in injury as defined in OAR 690-382-0100(3); and (d) Any other requirements applicable to the modification of the certificate of registration are met. (4) For an initial review that indicates a modification application is not consistent with the approval criteria for recognition outlined in OAR 690-382-1000(1) and should not be recognized, the initial review shall: (a) Describe any inconsistencies with the approval criteria for recognition; and (b) Identify any conditions or restrictions that, if included in the order recognizing the modification, would address the inconsistencies. (5) Upon completion of the initial review, the Department shall provide by electronic means, or if requested by regular mail, a copy of the initial review to notify the applicant of its preliminary determinations, identify any outstanding information that is necessary to continue processing the application and allow the applicant 30 days from the date of notice to: (a) Notify the Department to stop processing the application; or (b) Notify the Department to continue processing the application and, except as provided in section (9) of this rule, provide any outstanding information to the Department including, but not limited to: (A) Amending the application to address any issues or deficiencies identified by the Department in the initial review; and (B) Submitting documentation to satisfy the requirements of sections (6) and (7) of this rule, as applicable. (6) Upon receipt of the initial review, an applicant other than an entity that meets the criteria described in OAR 690-382-0400(16)(b) or (c) shall submit the following: (a) A report of ownership information as defined in OAR 690-382-0100(6) for the land to which the registration is appurtenant; (b) A copy of any water right conveyance agreement(s) for the land to which the registration is appurtenant; and (c) If the applicant is not both the person named on the certificate of registration or the assignee and the owner of the lands to which the registration is appurtenant as identified in the report of ownership information, documentation to demonstrate that the applicant is authorized to pursue the modification, which shall include: (A) Notarized statements consenting to the modification by all persons, other than the applicant, who are named on the certificate of registration or identified as landowners in the report of ownership information; (B) If interest in the registration has been conveyed, a notarized statement consenting to the modification by the person or authorized representatives of an entity to whom the interest in the certificate of registration has been conveyed as identified in a water right conveyance agreement; or (C) Other documentation demonstrating that the applicant is authorized to pursue the modification. (7) The report of ownership information required under subsection (6)(a) of this rule must: (a) Be prepared no earlier than three months prior to the date of the initial review showing current ownership; or (b) If the interest in the certificate of registration has been conveyed, be prepared within three months of the date the water right conveyance agreement was recorded or show ownership for the appurtenant land at the time the water right conveyance agreement was recorded. (8) Except as provided in section (9) of this rule, the Department shall permanently close the file for the application and take no further action on the application if, within 30 days from the date of the notice described in section (5) of this rule, the applicant: (a) does not notify the Department as provided in subsections (5)(a) and (b) of this rule; (b) does not provide all outstanding information as provided in subsection (5)(b) of this rule; or (c) notifies the Department to stop processing the application. (9) If requested within the 30-day time period specified in section (5) of this rule, the Department may allow an applicant up to 60 additional days, not to exceed a total of 90 days from the date the Department provided notice of the initial review to the applicant pursuant to section (5) of this rule, to provide the outstanding information described in subsection (5)(b) of this rule if the applicant requests additional time and the Department determines that the applicant is undertaking reasonable efforts to provide the information in a timely manner to the Department. (10) The initial review shall constitute the notification required under OAR 690-382-0200 that there are layered water rights, permits, or registrations that must be addressed prior to recognition of the modification. (11) If the applicant amends the application or provides additional information in support of approval of the application, the Department shall revise the initial review or incorporate the amendments into the proposed final order, as appropriate.