(1) A proposed final order issued under ORS 537.170 (6) for an in-stream water right certificate may include any condition the Water Resources Director considers necessary, but which is consistent with the intent of ORS 537.332 to 537.360. The proposed final order may:
(a) Approve the in-stream water right for the quantity of water requested;
(b) Approve the requested in-stream water right for a lesser quantity of water; or
(c) Reject the requested in-stream water right.
(2) If the director reduces or rejects the in-stream water right as requested, or conditions the in-stream water right, the director shall include a statement of findings that sets forth the basis for the reduction, rejection or conditions. The director shall be the final authority in determining the level of in-stream flow necessary to protect the public use.
(3) After the director issues a final order approving an in-stream water right, the Water Resources Department shall issue a certificate for an in-stream water right according to the provisions of ORS 537.341. [1987 c.859 §7; 1995 c.416 §20]
Section: Previous 537.332 537.334 537.335 537.336 537.338 537.340 537.341 537.343 537.345 537.346 537.348 537.349 537.350 537.352 537.354 NextLast modified: August 7, 2008