(2) Within 30 days after the filing of the notification as provided in subsection (1) of this section, the commission shall notify the state agency or public corporation of the intention of the commission to review the proposed exercise of the power, duty or privilege, if:
(a) The commission, in its discretion, determines that a review should be undertaken; or
(b) A protest against the proposed exercise is filed with the commission within 25 days after the filing of the notification as provided in subsection (1) of this section by any person, state agency or public corporation of this state or agency of the federal government.
(3) The commission, in its discretion, may hold a public hearing on the proposed exercise of the power, duty or privilege. The commission shall determine the time and place of the public hearing, and shall give written notice thereof to the state agency or public corporation whose proposed exercise of a power, duty or privilege is being reviewed and to each protestant under subsection (2)(b) of this section, if any, at least 10 days prior to the hearing. Notice of the hearing shall also be published in at least one issue each week for at least two consecutive weeks prior to the hearing in a newspaper of general circulation published in each county in which the proposed exercise of the power, duty or privilege is to take place or be effective.
(4) After the commission has notified the state agency or public corporation of the intention of the commission to review the proposed exercise of the power, duty or privilege as provided in subsection (2) of this section, the commission shall undertake the review and proceed therewith with reasonable diligence. At the conclusion of the review the commission shall make a determination approving the proposed exercise, approving the proposed exercise subject to conditions specified in the determination or disapproving the proposed exercise. A copy of the determination by the commission shall be delivered to the state agency or public corporation whose proposed exercise of a power, duty or privilege was reviewed and to each protestant under subsection (2)(b) of this section, if any. [1955 c.707 §14]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 536 - Water Resources Administration
Section 536.007 - Definitions.
Section 536.009 - Water Resources Department Water Right Operating Fund; uses; sources.
Section 536.015 - Water Resources Department Hydroelectric Fund; uses; sources.
Section 536.017 - Records of expenditures from Water Resources Department Hydroelectric Fund.
Section 536.025 - Duty of commission; delegation to Water Resources Director; exception.
Section 536.026 - Powers of Water Resources Commission.
Section 536.027 - Rules and standards.
Section 536.031 - Applicability of rules to completed application for permit.
Section 536.037 - Functions of director.
Section 536.040 - Public records; copies as evidence.
Section 536.045 - Sending or receipt of documents in electronic form; rules; fees.
Section 536.050 - Fees; rules; refunds; waiver and reduction of certain fees.
Section 536.090 - Ground water advisory committee; duties; qualification; term; expenses.
Section 536.220 - Policy on water resources generally; integrated state water resources strategy.
Section 536.238 - Policy on water storage facilities.
Section 536.241 - Policy on water supply.
Section 536.320 - Limitation of powers of commission.
Section 536.330 - Water Resources Act as supplemental to and including existing statutes.
Section 536.400 - Application to court to compel compliance with state water resources policy.
Section 536.410 - Withdrawal of unappropriated waters from appropriation by commission order.
Section 536.595 - Department discussions with Corps of Engineers over operation of Detroit Lake.
Section 536.750 - Powers of commission after declaration of drought; rules.
Section 536.900 - Civil penalties; imposition.
Section 536.905 - Notice; application for hearing.
Section 536.910 - Amount of penalty; rules.
Section 536.915 - Remission or reduction of penalty.
Section 536.920 - Factors to be considered in imposition of penalty.