Election to have proposed reservation considered as application for permit or rulemaking proceeding
(1) In lieu of the procedure established pursuant to ORS 537.358 (Rules for reservation for future economic development), for any reservation pending on July 5, 1995, the state agency that requested the reservation may elect to have the proposed reservation considered:
(a) As an application for a permit under ORS 537.140 (Application for permit) to 537.211 (Issuance of permit if application approved) and 537.248 (Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right); or
(b) As a rulemaking proceeding under the applicable provisions of ORS chapter 183 in which case the provisions of ORS 537.358 (Rules for reservation for future economic development) requiring a public interest review under ORS 537.170 (Contested case hearing on application) shall not be applicable.
(2) A state agency making any election under subsection (1) of this section shall submit a written request to the Water Resources Commission within 90 days after July 5, 1995. The commission shall proceed in accordance with the election made under subsection (1) of this section or, if an election is not submitted, according to the procedure established pursuant to ORS 537.358 (Rules for reservation for future economic development).
(3) A reservation established under the provisions of this section shall have as a priority date the date established in rules of the commission in effect on July 5, 1995.
(4) When issuing a reservoir permit for a multipurpose storage project using water reserved or proposed to be reserved under a request originally filed by the Water Resources Department before June 5, 1992, the department shall grant a preference for the project under ORS 537.352 (Precedence of uses).
(5) Notwithstanding ORS 537.356 (Request for reservation of unappropriated water for future economic development), the Water Resources Commission may accept requests to reserve unappropriated water before July 1, 1997, but shall not begin to process such requests before July 1, 1997. Any request to reserve unappropriated water submitted by the State Department of Agriculture before July 1, 1997, also shall consider municipal needs. The priority date of a request received in proper form by the Water Resources Commission after July 5, 1995, shall be the date of receipt. [1995 c.473 §3; 1995 c.416 §35b]
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