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11. <br /> <br />information to demonstrate that the groundwater resource will not <br />be effected or that the potential negative impacts will be <br />mitigated. <br /> <br />Area property owners are concerned about water levels in the <br />neighborhood, but the water use inventory results are <br />satisfactory, and no further study is required. Appellants argue <br />that the water use inventory is expired, and a new inventory is <br />required prior to any partitioning approval. <br /> <br />The water use inventory results letter is dated April 16, 2002. <br />The letter states, "the results are valid only for a period of six <br />months from the date of this letter." Applicant filed the <br />partitioning application on September 18, 2002. The water use <br />inventory was valid when the partitioning application was filed. <br /> <br />Under ORS 197.427(3): <br /> <br />If the application was complete when first submitted or <br />the applicant submits the requested additional <br />information within ~80 days of the date the application <br />was first submitted and the county has a comprehensive <br />plan and land use regulations acknowledged under ORS <br />197.251, approval or denial of the application shall be <br />based upon the standards and criteria that were <br />applicable at the time the application was first <br />submitted. <br /> <br />This law is intended to keep the "goalposts" from moving during <br />the land use application process. That same philosophy applies <br />here. Otherwise, delays, out of applicant's control, could cause <br />the water use inventory to expire through no fault of his own. The <br />subject water use inventory could not be used if it was expired <br />when the application was filed, but, here, a valid water use <br />inventory was included with the application. The inventory remains <br />valid for purposes of this application. <br /> <br />A condition of approval can require a declaratory statement for <br />each resulting parcel stating there may be long term groundwater <br />supply limitations, and that the county is not responsible for <br />deepening or replacing wells. With conditions regarding MCZO <br />181.060 requirements, and a declaratory statement, the suitable <br />domestic water supply portion of rural residential development <br />policy 9 will be met. <br /> <br />The proposed partitioning will result in one additional homesite <br />and will generate minimal additional traffic. Under MCZO 110.800: <br /> <br />Every dwelling shall be situated on a lot having direct <br />access by abutting upon a public street or a pre- <br /> <br />P 02-21 - ORDER -13 <br />KOLOEN <br /> <br /> <br />