Oregon Administrative Rules
Chapter 690 - WATER RESOURCES DEPARTMENT
Division 310 - WATER RIGHT APPLICATION PROCESSING
Section 690-310-0270 - Timelines
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Except as provided in section (2) of this rule, the Department shall issue a final order or schedule a contested case hearing on an application for a water right within 180 days after the Department proceeds with the application under OAR 690-310-0080(2).
(2) At the request of the applicant, the Department may extend the 180-day period set forth in section (1) of this rule for a reasonable period of time. The extension shall not exceed 180 days except upon a finding by the Director that a longer extension is reasonable and necessary.
(3) If a contested case hearing is held, the Department shall issue a final order:
(4) If the applicant does not request an extension under section (2) of this rule and the Department fails to issue a proposed final order or schedule a contested case hearing on an application for a water right within 180 days after the Department proceeds with the application under OAR 690-310-0080(2), the applicant may apply in the Circuit Court for Marion County for a writ of mandamus to compel the Department to issue a final order or schedule a contested case hearing on an application for a water right. If the application is for an out-of-stream use or for the use of ground water, the writ of mandamus shall compel the Department to issue a water right permit, unless the Department shows by affidavit that to issue a permit may result in harm to an existing water right holder.
Stat. Auth.: ORS 536.027
Stats. Implemented: ORS 537.175 & ORS 537.627