Or. Admin. Code § 690-380-4200 - Hearings
(1) If a protest is
filed under OAR 690-380-4030, the Department shall hold a hearing on the
matter.
(2) Notice and conduct of
the hearing shall:
(a) Be under the
applicable provisions of ORS
183.310 to
183.550, pertaining to contested
cases, and the hearing shall be held in the area where the rights are located
unless all parties stipulate otherwise; and
(b) If a protest has asserted that a water
right to be transferred has been forfeited through non-use, include the notice
and procedures described in OAR 690-017-0500 to 690-017-0900.
(3) If after hearing the
Department issues a proposed final order finding that a change in point of
diversion or appropriation will result in injury, the applicant may file a
notification of intent to pursue approval of the transfer under OAR
690-380-5030 to 690-380-5050 within 15 days of receipt of the proposed order.
Notwithstanding 690-002-0175, if the applicant files a notification of intent
to pursue approval of the transfer under 690-380-5030 to 690-380-5050, the
deadline for filing exceptions to the proposed order shall be 30 days after the
Department provides notice to the parties that the transfer does not meet the
requirements of 690-380-5030 to 690-380-5050.
Notes
Stat. Auth.: ORS 536.025 & 536.027
Stats. Implemented: ORS 540.510 - 540.532
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