Or. Admin. R. 690-010-0190

Current through Register Vol. 63, No. 8, August 1, 2024

Section 690-010-0190 - Notices of Party Status and Petitions for Party Status

(1) For the purposes of this rule, the definition of "person" excludes a state agency as "agency" is defined in ORS 183.310(1).

(2) Notice of Party Status. Persons who hold a groundwater right whose groundwater use may be limited and exempt users whose groundwater use may be limited as described in the Notice of Proposed Corrective Control Orders will be deemed to have been named parties to the contested case upon filing a complete, written Notice of Party Status with the Department by the deadline specified in the Notice of Proposed Corrective Control Order. A Notice of Party Status shall include:

(a) Name and address of any petitioners;

(b) Name and address of the petitioner's attorney, if any; and

(c) Identification of the water right held by the petitioner or identification of the exempt well and exempt uses, owned or used by the petitioner.

(d) A Notice of Party Status may also include:

(A) A detailed description of how the corrective control provisions in the Notice of Proposed Corrective Control Orders would adversely affect or aggrieve petitioner supported by an affidavit stating such facts;

(B) A detailed description of how the Notice of Proposed Corrective Control Orders is in error or deficient and how to correct the alleged error or deficiency;

(C) A detailed description of whether the problem(s) that resulted in the designation of the critical ground water area may or may not be corrected by implementing the corrective control provisions specified in the agency notice and why; and

(D) Any citation of legal authority supporting the petition, if known.

(3) Petition for Party Status. Any other persons may seek party status in the contested case regarding a Notice of Proposed Corrective Control Orders by filing a Petition for Party Status with the Department by the deadline specified in the Notice of Proposed Corrective Control Order:

(a) A Petition for Party Status must be in writing, must be consistent with the provisions in OAR 137-003-0535 and OAR 137-003-0630 and must be timely filed in the Department's Salem office by the deadline described in 690-010-0180(2)(I) in the Notice of Proposed Corrective Control Orders. The deadline shall be at least 120 days before the date set for the contested case hearing;

(b) Consistent with the provisions of OAR 137-003-0535 the Department may identify persons who shall be parties or limited parties in a contested case hearing regarding the Notice of Proposed Corrective Control Orders.

(4) Notice of Party Status and Petitions for Party Status shall be considered filed on the date postmarked. Notices of Party Status or Petitions for Party Status sent by facsimile or hand-delivered are considered filed when received by the Department in its Salem office. In computing the period of time for timely filing, the last day of the time period shall be included, unless it is a scheduled day of office closure, in which event the time period runs until the end of the next day that the office is open. Scheduled days of office closure include, but are not limited to, Saturdays and legal holidays identified in ORS 187.010 and 187.020, including Sundays.

(5) State Agency Party Status. Any state agency seeking to request a hearing or petition for party status must follow the procedures in OAR 137-003-0540. A state agency seeking party status may notify the Oregon Water Resources Department of its intent to seek party status before the contested case is referred to the Office of Administrative Hearings.

Or. Admin. R. 690-010-0190

WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Statutory/Other Authority: ORS 536.027 & ORS 537.780

Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742, ORS 537.525, ORS 183 & ORS 536-537