Oregon Administrative Rules
Chapter 690 - WATER RESOURCES DEPARTMENT
Division 77 - INSTREAM WATER RIGHTS
Section 690-077-0033 - Public Interest Presumption
Universal Citation: OR Admin Rules 690-077-0033
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Department shall presume that a proposed water use will not impair or be detrimental to the public interest 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 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 public interest presumption described in Section (1) of this rule 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 public interest presumption are not satisfied; or
(b) The proposed use will impair or be
detrimental to the public interest as demonstrated in comments, protests or a
finding of the Department that shows:
(A) The
specific public interest under ORS
537.170(8) that
would be impaired or detrimentally affected; and
(B) Specifically how the identified public
interest would be impaired or detrimentally affected.
Stat. Auth.: ORS 536.025, 536.027, 537.153 & 537.338
Stats. Implemented: ORS 537.332 - 537.360
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