Or. Admin. Code § 690-310-0090

Current through Register Vol. 63, No. 10, October 1, 2024

Section 690-310-0090 - Public Notice and Comments

(1) Within seven days after proceeding with the application under OAR 690-310-0080(2), the Department shall give public notice of the application in the weekly notice published by the Department. The notice shall include a request for comments on the application, the date by which comments must be received by the Department, information about how an interested person may view or obtain future notices about the application and a copy of the proposed final order and information about how an interested person may review the application or obtain a copy of the application. The notice also shall include the following information about the application:

(a) Type of water use application;

(b) County of water use;

(c) Application file number;

(d) Applicant name and address;

(e) Amount of proposed water use in gallons per minute (gpm), cubic feet per second (cfs) or acre feet (af) of storage;

(f) Common name of surface water source(s) or basin;

(g) Nature of use; and

(h) Location of the proposed point of diversion by section quarter/quarter, township and range.

(2) The weekly notice shall be sent to the following:

(a) Affected local, state and federal agencies, including the planning Departments of affected local governments with a request that a copy of said notice be posted in a conspicuous location;

(b) Property owners listed on an application pursuant to OAR 690-310-0040;

(c) Affected Indian tribes; and

(d) All persons on the Department's weekly mailing list.

(3) The notice shall be sent by regular United States mail or, with the consent of the recipient, by electronic means.

(4) Within 30 days after the public notice under section (1) of this rule, any person interested in the application shall submit written comments to the Department. Any person who requests a copy of the Department's proposed final order shall submit to the Department a written request accompanied by the fee required under ORS 536.050(1). The 30-day comment period shall commence on the day the Department sends the notice. All comments must be received by the Department on or before 5 p.m. on the last day of the 30-day comment period.

(5) If the land use information required under OAR 690-310-0040(1)(a)(L) is not received by the Department within the 30-day comment period, the Department shall conclude that the requirement for obtaining land use information has been satisfied and may presume the proposed use is compatible with the comprehensive land use plans and land use regulations of affected local governments.

Or. Admin. Code § 690-310-0090

WRD 9-1992, f. & cert. ef. 7-1-92; WRD 51-1995(Temp), f. & cert. ef. 8-4-95; WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-011-0155; WRD 1-2012, f 1-31-12, cert. ef. 2-1-12

Stat. Auth.: ORS 536.025 & 536.027

Stats. Implemented: ORS 536.220, 536.300, 536.310, 537.150, 537.620, 537.338 & 537.356 - 537.358