ORS 536.077: Initiation of contested case proceeding; request for party status; final order; rules.

(1) To initiate a contested case proceeding that is subject to this section and ORS 536.076: (a) Any person may submit a protest against a proposed final order. (b) Unless a timeline is otherwise specified under ORS chapter 537, 540 or 541, the protest must be submitted within 45 days after publication of the notice of the proposed final order in a weekly public notice of the Water Resources Department or, if weekly public notice is not required, within 45 days after issuance of notice of the proposed final order. (c) The protest must: (A) Be in writing; (B) Include the name, address and telephone number of the protestant; (C) Include a description of the protestant’s interest in the proposed final order and, if the protestant claims to represent the public interest, a precise statement of the public interest represented; (D) Include a detailed description of how the action proposed in the proposed final order would impair or be detrimental to the protestant’s interest; (E) Raise an issue with sufficient specificity to allow response to the issue, as described in subsection (3)(b) of this section; (F) Identify any citation of legal authority supporting the protest, if known; and (G) Include the protest fee required under ORS 536.050. (2) If a protest is submitted, within 30 days after the deadline for filing a protest: (a) Any person who supports the proposed final order may file a request for party status for the purpose of participating in any contested case proceeding on the proposed final order or for judicial review of a final order resulting from the proposed final order. (b) The request for party status must: (A) Be in writing. (B) Meet all requirements established in rule by the Water Resources Commission. (C) Include the fees described in ORS 536.050 (1)(n) and (o). (3) In a contested case proceeding under this section: (a) A hearing need not occur if: (A) All issues in the contested case are resolved as part of a settlement; (B) The protest is withdrawn; or (C) The protestant defaults. (b) A protest must raise an issue with sufficient specificity to allow response to the issue. To raise an issue with sufficient specificity, the protest must: (A) Identify the recommended findings of fact, conclusions of law or conditions of approval to which the protestant objects; and (B) Explain how the issues raised in the protest are within the jurisdiction of the department. (c) Not later than the end of the protest period, each person that submits a protest shall raise all reasonably ascertainable issues and submit all reasonably available arguments that support the person’s position. (d) A failure to raise a reasonably ascertainable issue in a protest or a failure to provide sufficient specificity to afford the department an opportunity to respond to the issue precludes judicial review of that issue. (4) If no protest on a proposed final order that is subject to this section and ORS 536.076 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. (5) Notwithstanding subsection (4) of this section, 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. (6) The department shall refund the fees described in ORS 536.050 (1)(o) if party status is denied. (7) The Water Resources Commission may adopt rules necessary to implement this section. [2025 c.575 §3; 2025 c.575 §3a] Sec. 24. (1) Notwithstanding ORS 536.031 (1), rules adopted under section 2 [536.076] or 3 [536.077] of this 2025 Act apply to aspects of a contested case proceeding that occur on or after the effective date of this 2025 Act [January 1, 2026], for a protest: (a) That was submitted before, on or after the effective date of this 2025 Act; and (b) That was not referred to the Office of Administrative Hearings before the effective date of this 2025 Act. (2) For protests that were pending on or before the effective date of this 2025 Act, the Water Resources Department shall provide to applicants, protestants, persons that submitted a request for standing and persons that have requested or been granted party status notice of the provisions and requirements of sections 2 and 3 of this 2025 Act. Notwithstanding section 3 of this 2025 Act, the department shall provide not less than 90 days after issuance of the notice for: (a) A person that submitted a request for standing to request party status in an existing contested case proceeding. (b) A protestant in an existing contested case proceeding to amend the protest as necessary to comply with the provisions of section 3 of this 2025 Act. The amended protest may not add issues not raised in the original protest. (3) A person that submitted a request for party status before the effective date of this 2025 Act need not amend the request. [2025 c.575 §24]