Current through Register Vol. 63, No. 9, September 1, 2024
(1) In order to approve an application for an
extension of time to complete construction and/or apply water to full
beneficial use pursuant to ORS
537.230 or
537.630, or to begin
construction, pursuant to ORS
537.248, the Department shall
find:
(a) The applicant has submitted a
completed application, including the fee specified in ORS
536.050. The Department shall
return any incomplete or deficient applications to the applicant, and shall
specify the deficiency;
(b) For
applications filed pursuant to OAR 690-315-0020, the applicant began
construction on the project within the time period required by applicable
statute;
(c) The applicant can
complete the project within the time period requested for the extension;
and
(d) There is good cause to
approve the extension.
(2) In order to make a finding of good cause
to approve the extension, the Department shall consider, but is not limited to,
the following criteria:
(a) Whether the
applicant has demonstrated reasonable diligence in previous performance under
the permit;
(b) The cost to
appropriate and apply the water to a beneficial purpose;
(c) The good faith of the
appropriator;
(d) The market for
water or power to be supplied;
(e)
The present demands for water or power to be supplied;
(f) The income or use that may be required to
provide fair and reasonable returns on investment;
(g) Whether other governmental requirements
relating to the project have significantly delayed completion of construction
or perfection the right;
(h) Any
unforeseen events over which the water right permit holder had no control and
which delayed development under the permit;
(i) Whether denial of the extension will
result in undue hardship to the applicant and that there are no other
reasonable alternatives exist for meeting water use needs; and
(j) Any other factors relevant to a
determination of good cause.
(3) In determining reasonable diligence in
subsection (2)(a), the Department shall consider, but is not limited to, the
following factors:
(a) The amount of
construction completed within the time allowed in the permit or previous
extension;
(b) The amount of
beneficial use made of the water during the permit or previous extension time
limits;
(c) Water right permit
holder conformance with the permit or previous extension conditions;
and
(d) Financial investments made
toward developing the beneficial water use.
(4) In determining the market and the present
demand for water or power to be supplied pursuant to subsections (2)(d) and (e)
above, the Department shall consider, but is not limited to, the following
factors:
(a) The amount of water available to
satisfy other affected water rights and scenic waterway flows;
(b) Special water use designations
established since permit issuance, including but not limited to state scenic
waterways, federal wild and scenic rivers, serious water management problem
areas or water quality limited sources established under
33 U.S.C.
1313(d);
(c) The habitat needs of sensitive,
threatened or endangered species, in consultation with the Oregon Department of
Fish and Wildlife;
(d) Economic
investment in the project to date;
(e) Other economic interests dependent on
completion of the project; and
(f)
Other factors relevant to the determination of the market and present demand
for water and power.
(5)
If the extension is requested pursuant to ORS
537.230 or
537.630, the applicant must have
begun actual construction work, as defined in OAR 690-315-0020(3)(d)(A) and
(B), during the period required by statute. If the Department finds the
applicant did not begin construction by that date, the permit cannot be
extended and the Department may begin cancellation proceedings pursuant to ORS
537.260 or
537.410.
(6) The Department may request additional
information necessary to evaluate an application.
Publications: Publications referenced are available from the
agency.
Stat. Auth.: ORS
536.025 &
536.027
Stats. Implemented: ORS
536.050,
537.230,
537.248,
537.630 &
539.010
