Oregon Administrative Rules
Chapter 690 - WATER RESOURCES DEPARTMENT
Division 310 - WATER RIGHT APPLICATION PROCESSING
Section 690-310-0160 - Protests and Standing to Participate in Further Proceedings
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Any person may submit a protest against a proposed final order. A protest shall be in writing and shall include:
(2) Any person who supports the proposed final order may request standing for purposes of participating in any contested case proceeding on the proposed final order or for judicial review of a final order.
(3) The request for standing must be in writing, signed by the requester, and include the following:
(4) Any person who has filed a timely request for standing may later file a petition for intervention in any contested case hearing subsequently held on the matter for which standing was requested, in the manner described in OAR 690-002-0105.
(5) Each person submitting a protest or a request for standing shall raise all reasonably ascertainable issues and submit all reasonably available arguments supporting the person's position by the close of the protest period. Failure to raise a reasonably ascertainable issue in a protest or in a hearing or failure to provide sufficient specificity to afford the Department an opportunity to respond to the issue precludes judicial review based on that issue.
(6) Requests for standing and protests on the proposed final order shall be submitted within 45 days after publication of the notice of the proposed final order in the weekly notice published by the Department. Any person who asks to receive a copy of the Department's final order shall submit to the Department the fee required under ORS 536.050, unless the person has previously paid the fee.
(7) Within 10 days after the close of the filing period established under section (6) of this rule, the Department shall send a copy of all protests and requests for standing received to the applicant, the protestant(s), if any, and to each person who requested standing.
Stat. Auth.: ORS 536.027
Stats. Implemented: ORS 537.153, 537.170, 537.621 & 537.622