Oregon Administrative Rules
Chapter 690 - WATER RESOURCES DEPARTMENT
Division 310 - WATER RIGHT APPLICATION PROCESSING
Section 690-310-0130 - Public Interest Presumption; Groundwater
Universal Citation: OR Admin Rules 690-310-0130
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Department shall presume that a proposed groundwater use will ensure the preservation of the public welfare, safety and health as described in ORS 537.525 if:
(a) The proposed use is allowed in the
applicable basin program established pursuant to ORS
536.300 and
536.340 or given a preference
under ORS 536.310(12);
(b) Water is available;
(c) The proposed use will not injure other
water rights; and
(d) The proposed
use complies with the rules of the Commission.
(2) The presumption described in subsection (1) of this section is a rebuttable presumption and may be overcome by a preponderance of the evidence that either:
(a)
One or more of the criteria for establishing the presumption are not satisfied;
or
(b) The proposed use would not
ensure the preservation of the public welfare, safety and health as
demonstrated in comments, protests or a finding of the Department that shows:
(A) The specific aspect of the public
welfare, safety and health under ORS
537.525 that would be impaired
or detrimentally affected; and
(B)
Specifically how the identified aspect of the public welfare, safety and health
under ORS 537.525 would be impaired or
detrimentally affected.
Stat. Auth.: ORS 536.027
Stats. Implemented: ORS 537.525 & ORS 537.621
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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