Or. Admin. Code § 690-330-0020 - Request for Reconsideration of the Contents of a Proposed Certificate

(1) A request for reconsideration of the contents of a proposed certificate may be prepared by the permittee or landowner and submitted to the Department. The requests shall describe any disagreement with the contents of the proposed certificate.

(2) The request for reconsideration may be in the form of a phone call or personal contact, unless the disagreement proposes a change to any of the following:

(a) The source of water;

(b) The purpose for which the water is used;

(c) The quantity of water;

(d) The location of the points of diversion;

(e) The location of the use;

(f) The extent of the use; and

(g) Any conditions imposed upon the use.

(3) If the disagreement results in a change to any item listed in subsections (2)(a) through (g) of this rule, the request for reconsideration shall be completed in writing. The request shall set forth the changes to the proposed certificate or the final proof map, and shall include any facts which support the request. Maps, photographs, affidavits, receipts or other such evidence may be included to support the request.

(4) The Director may allow reasonable time beyond the time limit set under OAR 690-330-0010(2) for a permittee or landowner to complete and submit a written request for reconsideration.

(5) Upon receipt of a request for reconsideration, the Director shall:

(a) Approve the request without verification and issue a certificate with the changes included;

(b) Schedule field verification of the requested changes; or

(c) Deny the request by letter from Department staff to the requesting party.

(6) If field verification is scheduled, a new proposed certificate shall be prepared and sent as prescribed by OAR 690-330-0010.

(7) A request for reconsideration resulting from section (6) of this rule shall be approved or denied. If denied, the denial shall be in the form of an Order of the Director. The order shall provide for either issuance of a certificate of water right in conformance with the Director's findings, or for the scheduling of a contested case hearing as provided under OAR Chapter 690, Division 2.

Notes

Or. Admin. Code § 690-330-0020

WRD 16-1990, f. & cert. ef. 8-23-90; WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-011-0120; WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-011-0230

Stat. Auth.: ORS 536.025 & ORS 536.027

Stats. Implemented: ORS 536.220, ORS 536.300, ORS 536.310, ORS 537.250, ORS 537.338, ORS 537.356 - ORS 537.358, ORS 537.630 & ORS 540 & ORS 543