ORS 536.031: Applicability of rules to completed application for permit.

(1) Except as provided in subsection (2) of this section, the Water Resources Department may apply only those rules of the department that are in effect as of the date that a completed application is made for a permit in deciding whether to approve, deny or impose conditions on the permit. (2) This section does not affect the application of any rule of the department that: (a) Is required by federal law; (b) Is required by any agreement between the state and a federal agency; (c) The applicant voluntarily agrees to make applicable to the application; or (d) Is necessary to protect public health and safety. [1999 c.301 §2] WATER RESOURCES DEPARTMENT