2013 ORS § 537.625¹
- • appeal
- • contents of permit
(1) If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Water Resources Director determines that the proposed use does not ensure the preservation of the public welfare, safety and health as described in ORS 537.525 (Policy), the director shall issue a final order rejecting the application or modifying the proposed final order as necessary to ensure the preservation of the public welfare, safety and health as described in ORS 537.525 (Policy). If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the director determines that the proposed use would ensure the preservation of the public welfare, safety and health as described in ORS 537.525 (Policy), the director shall issue a final order approving the application or otherwise modifying the proposed final order. A final order may set forth any of the provisions or restrictions to be included in the permit concerning the use, control and management of the water to be appropriated for the project.
(2) If a contested case hearing is not held:
(a) Where the final order modifies the proposed final order, the applicant may request and the Water Resources Department shall schedule a contested case hearing as provided under ORS 537.622 (Contested case hearing) (3) by submitting the information required for a protest under ORS 537.621 (Review of application) (7) within 14 days after the director issues the final order. However, the issues on which a contested case hearing may be requested and conducted under this paragraph shall be limited to issues based on the modifications to the proposed final order.
(b) Only the applicant or a protestant may appeal the provisions of the final order in the manner established in ORS chapter 183 for appeal of order other than contested cases.
(3) If the presumption of public welfare, safety and health under ORS 537.621 (Review of application) (2) is overcome, then before issuing a final order, the director or the Water Resources Commission, if applicable, shall make the final determination of whether the proposed use or the proposed use as modified in the proposed final order would preserve the public welfare, safety and health as described in ORS 537.525 (Policy) by considering:
(a) The conservation of the highest use of the water for all purposes, including irrigation, domestic use, municipal water supply, power development, public recreation, protection of commercial and game fishing and wildlife, fire protection, mining, industrial purposes, navigation, scenic attraction or any other beneficial use to which the water may be applied for which it may have a special value to the public.
(b) The maximum economic development of the waters involved.
(c) The control of the waters of this state for all beneficial purposes, including drainage, sanitation and flood control.
(d) The amount of waters available for appropriation for beneficial use.
(e) The prevention of wasteful, uneconomic, impracticable or unreasonable use of the waters involved.
(f) All vested and inchoate rights to the waters of this state or to the use of the waters of this state, and the means necessary to protect such rights.
(g) The state water resources policy.
(4) Upon issuing a final order, the Water Resources Department shall notify the applicant and each person who submitted written comments or protests or otherwise requested notice of the final order and send a copy of the final order to any person who requested a copy and paid the fee required under ORS 536.050 (Fees) (1)(p).
(5) A right to appropriate ground water under a permit has a priority from the date when the application was filed with the department.
(6) If the use of water under the permit is for operation of a mining operation as defined in ORS 517.952 (Definitions for ORS 517.952 to 517.989):
(a) Review of the application and approval or denial of the application shall be coordinated with the consolidated application process under ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application). However, such review and approval or denial shall take into consideration all policy considerations for the appropriation of water as set forth in this chapter and ORS chapter 536.
(b) The permit may be issued for exploration under ORS 517.702 (Legislative findings) to 517.740 (Rules), but the permit shall be conditioned on the applicants compliance with the consolidated application process.
(c) The permit shall include a condition that additional conditions may be added to the use of water when a water right certificate is issued, or when the use of water is changed pursuant to ORS 540.520 (Application for change of use, place of use or point of diversion) and 540.530 (Order authorizing change of use, place of use or point of diversion) to use for a mining operation. [1955 c.708 §11; 1959 c.437 §4; 1981 c.61 §3; 1985 c.673 §57; 1995 c.416 §28; 1997 c.587 §11; 2013 c.371 §34]