Oregon Administrative Rules
Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE
Division 400 - INSTREAM WATER RIGHT RULES
Section 635-400-0030 - Internal Process for Instream Water Right Application
Universal Citation: OR Admin Rules 635-400-0030
Current through Register Vol. 63, No. 3, March 1, 2024
(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.
Stat. Auth.: ORS Ch. 496 & 537
Stats. Implemented: ORS Ch. 496 & 537
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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