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'. . -. 'j , , OD018!' (6) proposed c:xmservation measure my injure existi.rg water rights or adversely affect the pililic interest, the Camlission shall hold a public heari.rg on the application p.Ir5UaIlt to CIRS 537.170. (a) '!he Ccmnission shall allocate =nserved water if the Ccmnission firos that the prq;xJ6€"l c:xmservation measure: (A) Is feasible; an:i, (B) will pro:iuoe canserved water; an:i, (e) Can be effected wit:ha1t injury to existi.rg water rights; (D) Adequately mitigates any effe:::ts on other water users; an:i (E) will not adversely affect the public interest. (b) When the Ccmnission allocates =nserved water it shall issue a proposed order to be sel:Ved on the applicant. A o:Jffi of the order shall be furnished to any one request.in;J a o:Jffi. '!he order shall inclu::1e: (A) '!he percent of water allocated to the awlicant an:i the state. '!he criteria the O:mni.ssion shall CXlnsider in allocati.n;J ncre or less than 25 perc:ent of conserved water to the state shall inclu::1e, but nee:l. not be limited to: (i) '!he cmcmrt: of water I""""'''''~'Y to satisfy identified instream needs as determi..ned by the O:mnission; (ii) 'n1e so..lrCe of furrls used for in;:>lementing the c:xmservation measure. When ncre than 25 percent of the furrls used to finan::e the project cx:me fran public sooroes an:i there are identified instream needs, ncre than 25 percent of the ~ed water should be allocated to the state, except when allocati.rg less would be of sufficient benefit to offset the cantrib..rtion of the pililic funis; (iii)'n1e c:xmservation potential of the affected basin. Less than 25 percent may be allocated to the state when the n-mmi ",,,ion determines that a 10Her allocation may result in an increase in c:xmservatic:n effort in the basin; (iv) Whether or not the water right is located in a critical grourrlwater area. When in a critical groun:iwater area the n-mmi ",,,ion may allocate less than 25 percent to the state if the water right = is surlace water an:i the applicant is willing to accept a condition on the use of conserved water such that its use may protect or enhance the grourrlwater aquifer; (v) Whether or not the water right is located in an area with unresolved Native American or Aboriginal water rights. If so, 1llOre may be allocated to the state to offset potential future claims on the waters of Oregon; (vi) '!he pertinent provisions of the awlicable basin plan. (B) Arrj condi.tions placed on the p~ oonservatic:n Dieasure, incll.ldin;J a designated met:hOO an:l. schedule for the CXlllection 5