Or. Admin. R. 690-506-0010 - Definitions and Procedures
(1) The John Day River Basin and the Upper Mainstem, South Fork, Middle Mainstem, Middle Fork, North Fork and Lower Subbasins are as shown by Water Resources Department Map No. 6.6L.
(2) Permitted Use, as used in OAR 690-506-0040, means a use classified as being within the public interest, unless the Water Resources Commission, acting under the review process prescribed in OAR 690-001-0002, finds otherwise.
(a) Conditional Use, as used in OAR 690-506-0040, means a use that is classified as being within the public interest, unless the Commission, acting under the review process prescribed in OAR 690-001-0002, finds otherwise. The Department may approve an application for a permit for a conditional use only if the applicant shows that:
(A) The proposed use will not conflict with existing instream or out-of-stream uses classified as permitted on the affected stream;
(B) The quantity of water requested for the proposed use will not interfere with the objectives established for permitted uses; and
(C) The proposed use will not cause violation of water quality standards established for the protection of permitted uses.
(b) If the applicant fails to show to the satisfaction of the Director that the proposed appropriation meets the requirements in subsection (a) of this section, at the request of the applicant, the application shall be transmitted to the Commission for review;
(c) Notwithstanding the provision of subsections (a) and (b) of this section, any application for which Commission consideration is required by OAR 690-011-0100 shall be transmitted directly to the Commission. In addition to any other standards appropriate for evaluating public interest, the Commission shall consider the standards prescribed in subsection (a) of this section when determining if the use of water involves a substantial public interest question.
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