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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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WATER RESOURCES DEPARTMENT

 

DIVISION 29

WARM SPRINGS WATER RIGHTS NEGOTIATIONS

690-029-0005

Purpose

This rule establishes the methods by which the Water Re-sources Department (Department) provides opportunity for public notice and comment regarding negotiations between the Director of the Water Resources Department (Director) and the representatives for the Warm Springs Tribes and federal government, as trustee for the tribes, held to establish the scope and attributes of the water right claimed by the tribes, pursuant to ORS 539.300, et seq.

Stat. Auth.: ORS 539

Stats. Implemented:
Hist.: WRD 23-1988, f. & cert. ef. 12-14-88

690-029-0010

Notice

(1) Persons interested in these negotiations shall request, in writing, to have their names placed on a mailing list the Department shall prepare for the purpose of carrying out this rule.

(2) The Director shall mail notice by first class mail to all parties on the mailing list 20 days prior to any negotiating session. The notice shall specify the time, place and subject matter of the negotiating session, a summary of prior negotiating sessions, if any, and explain the manner, described in OAR 690-028-0070, by which the Director may receive public input on the negotiations. At the conclusion of the negotiations, persons on the mailing list shall receive a summary of the agreement reached, and an explanation of how the agreement is to be submitted to a court, pursuant to ORS 539.320.

Stat. Auth.: ORS 539

Stats. Implemented:
Hist.: WRD 23-1988, f. & cert. ef. 12-14-88

690-029-0015

Public Comment

(1) Persons who wish the Director to consider concerns they may have with regard to the negotiations may submit an explanation, factual background evidence and a proposed position or solution and other relevant material to the Director. Such comments shall be in writing and submitted to the Director at least ten days prior to the negotiating session to be fully considered.

(2) Members of the public are entitled to attend the negotiating sessions, but are not entitled to present testimony at those sessions.

Stat. Auth.: ORS 539

Stats. Implemented:
Hist.: WRD 23-1988, f. & cert. ef. 12-14-88

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