Or. Admin. Code § 690-385-4600 - Protests and Requests for Hearings

Approval of a permanent district transfer application under OAR 690-385-4500, may be protested:

(1) Within 30 days of posting the Department's weekly notice;

(2) By any potentially affected holder of an existing water right, either jointly or severally with other persons, provided the protest is not by a user within a district alleging injury to the delivery of water by the district; and

(3) Protests shall be filed in accordance with OAR 690, division 002, and shall include the fee required under ORS 536.050.

(4) Each person submitting a protest shall raise all reasonably ascertainable issues and submit all reasonably available arguments supporting the person's position by the close of the protest period. Failure to raise a reasonably ascertainable issue in a protest or failure to provide sufficient specificity to afford the Department an opportunity to respond to the issue precludes consideration of the issue during the hearing.

(5) Pursuant to ORS 540.580, if a user within a district protests approval of a permanent district transfer application under OAR 690-385-4500 and alleges approval of the transfer would cause injury to the delivery of water by the district, the Department shall:

(a) Refer the protest to the district to resolve; and

(b) Notwithstanding OAR 690-385-4700, decline to hold a hearing on the matter.

Notes

Or. Admin. Code § 690-385-4600

WRD 9-2004, f. & cert. ef. 11-16-04; WRD 1-2012, f. 1-31-12, cert. ef. 2-1-12

Stat. Auth.: ORS 536.025 & 536.027

Stats. Implemented: ORS 536.050, 183.310 - 183.550 & 540.580