Or. Admin. R. 690-382-0800 - Notice of Preliminary Determination
(1) After the time for the applicant to
respond to the Department's draft preliminary determination, the Department
shall issue the preliminary determination and give notice of the application to
modify the registration and the preliminary determination:
(a) By publication in the Department 's weekly
notice;
(b) Except as provided in
section (5) of this rule, by publication in a newspaper having a general
circulation in the area in which the certificate of registration (s) is located
for a period of at least three weeks and not less than one publication each
week for applications received by the Department prior to January 1, 2012, but
for applications received after January 1, 2012, for a period of at least two
weeks and not less than one publication each week, and
(c) By sending by regular mail, or with the
consent of the recipient, by electronic means a copy of the preliminary
determination and notice to the applicant and each person who submitted
comments under OAR 690-382-0600.
(2) The notice shall include the following
information about the application:
(a) The
type of modification proposed and any amendments to the application that were
made subsequent to the notice required OAR 690-382-0600;
(b) The locations of the applicant 's existing
and proposed water uses, the amount of water allowed under the registration to
be modified, and the authorized source for the registration;
(c) The registration and certificate
numbers;
(d) The applicant 's name
and address;
(e) A statement that
any person may file, jointly or severally, with the Department a protest or
standing statement within 30 days after the date of final publication of the
notices prescribed by subsections (1)(a) and (b) of this rule, whichever is
later;
(f) A summary of the
Department 's preliminary determination; and
(g) For a notice published in a newspaper,
the date on which the last publication will occur.
(3) The cost of publication in a newspaper
shall be paid by the applicant in advance of the publication. The applicant
shall include payment for the cost of publication including the direct cost of
the notice and indirect costs which may not exceed twenty (20) percent of the
direct costs.
(4) On issuance of
the preliminary determination, the Department shall send by regular mail, or
with the consent of the recipient, by electronic means to the applicant a copy
of the preliminary determination and, if publication in a newspaper is
required, a copy of the notice and a request for payment for the cost of
publishing the notice. The Department shall allow the applicant a period of not
fewer than 30 days after the request for payment of publication costs to submit
the required funds. The Department shall submit the notice to the newspaper
within 15 days after receiving the payment.
(5) No notice by publication in a newspaper
is required for:
(a) A change in place of use;
or
(b) Applications for a change in
the point of appropriation of less than one-fourth mile and where there are no
intervening wells between the documented point of appropriation and the
proposed point of appropriation that is listed in the modification
application.
(6) The
Department shall not take action on an application prior to the end of the
protest period described in this rule.
(7) The Department may deny recognition of
the modification if the applicant fails to pay in advance the costs of
publication of the newspaper notice within the period allowed under section (3)
of this rule.
Notes
Stat. Auth.: ORS 536.025; 536.027, 537.610, 540.531, HB 2123 (ch. 614, 2005 Oregon Water Laws)
Stats. Implemented: ORS 537.610, 540.505-540.532, HB 2123 (ch. 614, 2005 Oregon Water Laws)
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