Oregon Administrative Rules
Chapter 690 - WATER RESOURCES DEPARTMENT
Division 77 - INSTREAM WATER RIGHTS
Section 690-077-0054 - Conversion of Minimum Perennial Streamflows to Instream Water Rights
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Within 21 days of the adoption of these rules, the Commission shall request publication in the Secretary of State's bulletin and shall mail to the appropriate Department mailing lists notice of proposed conversion, and a list of all existing minimum perennial streamflows established on any waters of this state prior to June 25, 1988 separated as follows:
(2) Any person or agency, including the Department, may request a hearing on any of the conversions proposed within 60 days of publication in the Secretary of State's bulletin or the mailing of notice.
(3) Requests for hearings shall be filed individually for specific minimum perennial streamflows and shall be substantiated by evidence that:
(4) The Director shall issue an instream water right certificate for all minimum streamflows where no complete request for hearing was received. These instream water rights shall contain the priority date of the minimum streamflow from which they were created.
(5) The Director shall review all requests for hearings. The person making the request shall bear the burden of establishing the need for a hearing. After completing this review, the Director shall recommend to the Commission:
(6) The Commission shall act on the Director's recommendation in accordance with OAR 690-077-0046.
Stat. Auth.: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
Stats. Implemented: ORS 537.332 - 537.360