Or. Admin. Code § 690-077-0100 - Precedence of Future Uses

(1) The applicants for a proposed multipurpose storage project may petition the Commission to establish precedence over an instream water right created through OAR 690-077-0020.

(2) An applicant for a right to use water for municipal purposes may petition the Commission to establish precedence over an instream water right created through OAR 690-077-0020.

(3) A municipal applicant, as defined in ORS 537.282, for a hydroelectric project, may petition the Commission to establish precedence over an instream water right created through OAR 690-077-0020.

(4) Within six months of the receipt of the petition the Department shall conduct a public hearing in accordance with ORS 537.170. The hearing and decision on precedence may occur before the final decision on the permit.

(5) After the public hearing the Commission shall enter an order to:

(a) Approve the requested precedence;

(b) Approve the requested precedence conditionally; or

(c) Deny the requested precedence.

(6) The Department shall also publish a statement of findings that explains the basis for the decision made in Section (5) of this rule.

Notes

Or. Admin. Code § 690-077-0100

WRD 20-1988, f. & cert. ef. 11-4-88; WRD 8-2001, f. & cert. ef. 12-14-01; WRD 4-2006, f. & cert .ef. 10-2-06

Stat. Auth.: ORS 536 & 537

Stats. Implemented: ORS 536 & 537