OAR 690-382-1000: Final Order on Recognition of Modifications

(1) An application for modification of a certificate of registration shall be recognized if the Department determines that: (a) The proposed modification would not result in enlargement as defined in OAR 690-382-0100(2); (b) The proposed modification would not 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 not 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. (2) Issuance of the final order recognizing changes in character of use or place of use shall terminate the right to use water for the character of use or place of use under the original certificate of registration or a previously recognized modification of a registration. (3) Proposed final orders shall become final if no protest is filed or by default as provided in OAR 690-002-0235. 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. (4) 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. (5) The final order recognizing a modification of a certificate of registration may not be construed as a final determination of the right to appropriate groundwater under the registration or modification. Such a determination will occur in an adjudication proceeding under ORS 537.670 to 537.695. (6) A copy of the final order and all supporting documentation will be filed with the original request for registration and made available at the time of adjudication under ORS 537.670 to 537.695.