Or. Admin. Code § 635-400-0030

Current through Register Vol. 63, No. 10, October 1, 2024

Section 635-400-0030 - Internal Process for Instream Water Right Application

(1) Instream water right requests shall be initiated by Department Field Operations staff or Fish, Wildlife or Habitat Conservation Division staff. The Commission, Director or Deputy Director, may also initiate instream water right requests:

(a) Department staff shall submit completed draft instream water right applications to the Department Instream Water Right Coordinator:

(A) Prior to sending the draft applications to the Department Instream Water Right Coordinator, the draft instream water right applications shall be reviewed within seven working days by the Department Regional Supervisor or Assistant Regional Supervisor for consistency with regional direction and other Commission policies. A response shall be sent within the same seven day time frame by the Department Regional Supervisor or Assistant Regional Supervisor to the Department person originating the request. The response shall either approve or deny the request for an instream water right application;

(B) Draft applications may be hand-written or typed, and shall contain all information required on he application, as set forth in OAR 690-077-0020;

(C) Information in the draft application shall follow the standards set out in OAR 635-400-0020;

(D) Draft instream water right applications submitted to the Department Instream Water Right Coordinator shall be based on the priorities set out in OAR 635-400-0020. However, a lower priority waterway with readily available flow or water surface elevation information may be submitted before a higher priority waterway having no available flow or water surface elevation information.

(b) Within 30 days the Department Instream Water Right Coordinator shall review the draft applications and send approved draft applications to Department Fish, Wildlife, and Habitat conservation Division representatives for review and to DEQ and Parks as set forth in OAR 690-077-0020(2):

(A) Draft applications needing more information or corrections prior to review by Department Divisions and Coordination with agencies may be sent back to the initiator of the application;

(B) Review and response by Department Divisions shall not exceed 30 days from the date the review was requested;

(C) Review by Department Divisions shall determine if the draft application conforms with Commission policy and program direction for the water way listed in the draft instream water right application;

(D) Any suggested change or correction to the draft application by the Department Divisions shall be reviewed by the Department Instream Water Right Coordinator and coordinated with the initiator of the draft application;

(E) Changes or corrections to the draft application suggested by DEQ and Parks through OAR 690-077-0020 shall be reviewed for consistency with Department rules, policy and available information. These suggested changes or corrections may be made if they are consistent with Department rules, policy and available information;

(F) DEQ or Parks, or both may incorporate the public uses for which they are responsible into a Department application for instream water rights in accordance with OAR 690-077-0020;

(G) The final application shall have all changes and corrections consistent with Department rules, policy, and information available.

(c) The final application shall be signed by the Director or the Director's designated representative:

(A) If DEQ or Parks, or both are combining their applications for an instream water right with the Department's application, the application must be signed by representatives of DEQ or Parks, or both;

(B) All completed signed applications on which the Department is the sole signatory shall be submitted immediately to the WRD for processing.

(d) If an application is returned by the WRD because of deficiencies in fulfilling requirements of OAR 690-077-0020, the Department Instream Water Rights Coordinator shall correct those deficiencies within the required time period or withdraw the application. A request may be made of the WRD for an extension to correct the deficiencies;

(e) The Department Habitat Conservation Division shall be responsible for monitoring the application through the application process:

(A) If a petition for review is received by the WRD, in accordance with OAR 690-077-0030, and the WRD Director determines that 690-077-0030 is not satisfied, the Department Habitat Conservation Division shall work with the WRD and the petitioner to resolve the concerns:

(B) If an application is referred to the Water Resources Commission for review in accordance with OAR 690-077-0030, the Department Habitat Conservation Division shall work with the Water Resources Commission, the WRD and the petitioner to seek approval of the application:

(C) If the Water Resources Commission requires a public hearing (as set forth in OAR 690-077-0035), the Department shall become a party to the hearing and provide evidence to support approval of the application:

(D) In paragraphs (1)(e)(A) - (C) of this rule, the Department shall seek to have applications certified for the quantity of water needed to support the public uses applied for:

(E) Not withstanding paragraphs (1)(e)(A) - (D) of this rule, the Department, at any time in the application process, any withdraw an application on which it is the sole signatory. If the Department is a co-applicant with Parks or DEQ or both, the Department may withdraw its portion of the application.

(2) The Department shall maintain a complete, up-to-date and accessible file of all instream water rights applications and certifications:

(a) Certified instream water rights shall be e recorded on the Department computerized database for water rights and on the Department habitat database;

(b) Copies of the certificates and pending applications shall be readily accessible to Department staff, other agencies and members of the public:

(A) Copies of the certificates shall be maintained in the Department Habitat Conservation Division on microfiche, the Department Engineering Section and the appropriate Department Fish or Wildlife District;

(B) The Department Habitat Conservation Division shall provide the appropriate Department Fish or Wildlife District, Region and Divisions with information regarding certification of recent instream water rights.

Or. Admin. Code § 635-400-0030

FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89

Stat. Auth.: ORS Ch. 496 & 537

Stats. Implemented: ORS Ch. 496 & 537