Oregon Administrative Rules
Chapter 690 - WATER RESOURCES DEPARTMENT
Division 77 - INSTREAM WATER RIGHTS
Section 690-077-0052 - Time Requirements
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 referred to in ORS 537.336 within 180 days after the Department proceeds with the application under OAR 690-077-0029(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 Director 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 690-077-0029(2), the applicant may apply in the Circuit Court for Marion County for a writ of mandamus to compel the Director to issue a final order or schedule a contested case hearing on an application for a water right.
(5) The mandatory timelines set forth in division 77 for the Department to process applications shall not apply to applications filed before October 31, 1996.
Stat. Auth.: ORS 536.025, 536.027, 537.175 & 537.338
Stats. Implemented: ORS 537.332 - 537.360