justicedao/ipfs_state_laws huggingface dataset:
690-013-0120 Supplemental Permits When supplemental permits apply to lands having perfected water rights, the supplemental permit shall be appurtenant to the land listed in the petition. Statutory/Other Authority: Ch. 1000 & OL 1989 Statutes/Other Implemented: Ch. 1000 & OL 1989 History: WRD 1-1990, f. & cert. ef. 1-11-90
690-013-0150 District Shall Certify Petition (1) The petitioner or petitioner’s authorized representative shall certify that the information contained in the petition and attached exhibits is true and accurate to the best knowledge of the petitioner. (2) The petitioner shall certify that notice was sent by certified mail to the user of every parcel whose right of record, as evidenced by the district’s records, is to be altered by the petition. The certification shall state that the notice was sent to the last known address of the user with a return receipt requested and include: (a) The number of acres of land or its equivalent for which the user is being assessed; (b) A general description or tax lot number of the land to which the water is assigned; (c) A description of the use; and (d) A request that the user confirm that the information in the notice is correct. Statutory/Other Authority: ORS 541.325 - 541.333 Statutes/Other Implemented: ORS 537.325 - 541.333 History: WRD 4-1994, f. & cert. ef. 3-25-94 WRD 1-1990, f. & cert. ef. 1-11-90
690-013-0200 Mapping Requirements The map submitted with a district petition or individual application shall meet the following criteria: (1) The preferred map size is 8-1/2" by 11"; the maximum size shall be 30" x 30" unless prior approval is obtained from the Department. Standard map symbols shall be used as provided by the Department. (2) The map shall be drawn in ink on permanent quality tracing linen or 0.003-inch mylar with sufficient clarity so as to be easily reproduced. It shall be drawn to one of the following scales: (a) One inch equals 1,320 feet; (b) One inch equals 400 feet; (c) The assessor’s scale if larger than one inch equals 1,320 feet; or (d) A combination of these scales if using map inserts. (3) The map shall show the following for parcels of more than five acres: (a) The location of diversions, canals, ditches, pipelines or flumes; (b) The location of the place where water is used. If for irrigation, the area irrigated in each section quarter-quarter shall be indicated by shading or hachuring and the number of acres in each section quarter-quarter indicated; and (c) The scale to which the map is drawn, the section number, township, range, a north directional symbol and property boundaries. (4) When the water right is on a tract of land of five acres or less, a notation of the acres of water right on the assessor’s tax map shall be sufficient for the identification of the place of use and the extent of use. A portion of a tax map may be included as part of the map submitted. (5) More than one water right or type of use may be entered on the same map if clearly identified by different hachuring. Statutory/Other Authority: Ch. 1000 & OL 1989 Statutes/Other Implemented: Ch. 1000 & OL 1989 History: WRD 1-1990, f. & cert. ef. 1-11-90
690-013-0350 Field Verification of the Petition and Map (1) The Director shall examine the petition and maps that are filed. The examination may include a site inspection to verify the accuracy of the petition, maps and addenda; to verify whether the application of water is to an allowed beneficial use; or to determine whether an existing water right may be injured. The Director may use statistical sampling methods in lieu of examining the entire acreage in the petition. (2) The examination shall consider the following requirements: (a) Evidence of a method to control and deliver the water; (b) Evidence of cultivation of the lands described under the petition, if for irrigation; and (c) Evidence of beneficial use of the water; and (d) Evidence of potential injury to existing water rights. Statutory/Other Authority: ORS 541.325 - 541.333 Statutes/Other Implemented: ORS 537.325 - 541.333 History: WRD 4-1994, f. & cert. ef. 3-25-94 WRD 1-1990, f. & cert. ef. 1-11-90
690-013-0500 Penalty for Knowingly Misrepresenting Information The Director may assess penalties of up to $1,000 for knowingly misrepresenting information within a petition or map. The following factors shall be considered when prescribing a penalty: (1) Whether the petitioner made a material misstatement of omission of fact. (2) The amount of land and/or volume of water in evidence in the misrepresentation in relation to the amount of land or volume of water in the whole petition. (3) Whether the petitioner has cooperated in correcting the misrepresentation or omission in a timely fashion. (4) The cost to the Department after the initial field examination, including travel costs to obtain and verify corrections to the petition. (5) Any other relevant factors. Statutory/Other Authority: Ch. 1000 & OL 1989 Statutes/Other Implemented: Ch. 1000 & OL 1989 History: WRD 1-1990, f. & cert. ef. 1-11-90
690-014-0005 Introduction (1) The purpose of these rules is to establish the criteria for certification of Water Right Examiners. They also define the minimum standards and criteria under which Certified Water Right Examiners shall conduct surveys to describe the extent of appropriation for beneficial use of public waters. The rules also describe the information required and procedure for preparing maps to accompany transfer applications. These rules are in addition to OAR 690, divisions 020, 051, 300, 310 and 380. (2) These rules shall not deprive or limit the Director of the Water Resources Department or the Water Resources Commission from exercising powers or duties bestowed by law. Nor shall they limit or restrict the information the Director or Commission may require from any water user or authorized agent to determine satisfactory proof. (3) The authority for these rules are found in ORS Chapters 183, 536, 537, and 540, and in particular ORS 537.797 to 537.799. (4) These rules shall apply to Claims of Beneficial Use submitted on or after July 1, 2004. Claims of Beneficial Use submitted before this date shall be subject to the rules in effect at the time of submittal. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 536 & 537 History: WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04 WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88 WRD 9-1987(Temp), f. & ef. 9-1-87
690-014-0020 Definitions The definitions found in Oregon Administrative Rules chapter 690, divisions 300 and 380, apply. The following definitions also apply: (1) “Acre-Foot (AF)” means the equivalent volume of one acre covered with one foot of water (325,851 gallons). (2) "Certified Water Right Examiner" or “CWRE” means any individual certified by OSBEELS to collect and report data and conduct surveys to describe the extent of appropriation for Claims of Beneficial Use, and also to prepare maps for transfer applications. (3) "Claim of Beneficial Use" means documents submitted to the Department requesting a certificate of water right be issued for the authorized use or uses made. These documents shall include the report of the site inspection, calculations for the rate of flow, and the map illustrating the location of beneficial use made within the terms of the permit or transfer final order. (4) "Commission" means the Water Resources Commission. (5) "Cubic Foot per Second (cfs)" means a rate of water flow, equal to 448.83 gallons of water per minute. (6) "Department" means the Water Resources Department. (7) "Director" means the Director of the Department or the Director's authorized deputies or officers. (8) "Measuring Device" means a structure or apparatus such as a weir, meter, or flume to determine rate of flow or volume of water. (9) "OAR" means Oregon Administrative Rules. (10) "ORS" means Oregon Revised Statutes. (11) "OSBEELS" means Oregon State Board of Examiners for Engineering and Land Surveying. (12) "Rate and Duty of Water" means the flow of water expressed in cfs or gallons per minute (instantaneous rate) and the volume of water expressed in AF (duty) as allowed in the permit or transfer final order. (13) "Spring" means a place where water naturally emerges from the ground. (14) "Source" means the surface or ground water body for each point of diversion or point of appropriation involved in a permit or transfer final order. (15) "Survey of Appropriation" means the field inspection and document preparation performed by a CWRE to obtain the data necessary to support the Claim of Beneficial Use. (16) "Water Rights Act" means the same as defined by ORS 537.010. (17) "Well" means any artificial opening or artificially altered natural opening, however made, by which ground water is sought or through which ground water flows under natural pressure, or is artificially withdrawn or injected. This definition shall not include a natural spring, or wells drilled for the purpose of exploration or production of oil or gas. Prospecting or exploration for geothermal resources as defined in ORS 522.005 or production of geothermal resources derived from a depth greater than 2,000 feet as defined in ORS 522.055 is regulated by the Department of Geology and Mineral Industries. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 536 & 537 History: WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04 WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88 WRD 9-1987(Temp), f. & ef. 9-1-87
690-014-0030 Certified Water Right Examiner Required The water user or person responsible for a permit, transfer application, or transfer final order must have a CWRE prepare: (1) The map for a transfer application. (2) The Claim of Beneficial Use if the permit or transfer application was filed after July 9, 1987. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 536 & 537 History: WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04 WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88
690-014-0050 Certification of Water Right Examiners CWREs shall be certified by OSBEELS. In addition to these rules, OSBEELS rules found in OAR 820 apply. (1) CWRE applicants shall be registered in Oregon as a professional engineer, professional land surveyor or registered geologist. (2) To become a CWRE, an applicant shall pass a written examination administered by OSBEELS and approved by the Department to determine the applicant's ability to properly perform the surveying, mapping, hydraulic computations, and information gathering duties required by ORS 537.798. (3) All documents, drawings, or narratives required by these rules shall be prepared by or under the direct supervision of a CWRE. These items shall bear the seal and original signature of the CWRE. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 536 & 537 History: WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04 WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88 WRD 9-1987(Temp), f. & ef. 9-1-87
690-014-0080 Revocation of Certified Water Right Examiner's Certificate CWREs may be decertified by OSBEELS for violation of OAR 690, division 014 rules or violation of OAR 820 rules. (1) Any violation of these rules by a CWRE and brought to the attention of the Director by Department staff, the public, or other means may be submitted to OSBEELS. A material misstatement of fact shall be referred to OSBEELS for disciplinary action. (2) Revocation of the CWRE’s certificate does not in itself cause forfeiture of that person's other professional licenses or credentials. Statutory/Other Authority: ORS 536, ORS 537, ORS 536.025 & ORS 536.027 Statutes/Other Implemented: ORS 536, ORS 537 & ORS 537.797 - 537.799 History: WRD 11-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04 WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88
690-014-0090 Maps for Transfer Applications Application maps for transfer shall comply with ORS Chapters 536, 537, and 540, and OAR 690, divisions 020 and 380. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 536 & 537 History: WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04
690-014-0110 Claim of Beneficial Use: General Standards The Claim of Beneficial Use shall be prepared by a CWRE and submitted by the holder of the permit or transfer final order or by an authorized agent. (1) In addition to the rules of professional conduct found in OAR 820, CWREs should be aware of the public interest regarding Examiners’ investigations of water use. Uses not authorized or not completed within the terms of the permit or transfer final order, or water not beneficially used, shall not be included in the Claim of Beneficial Use. Claims of Beneficial Use shall not violate any of the provisions of the Water Rights Act or these rules. (2) All Claims of Beneficial Use shall be made to match with existing water rights of record, unless an error in the original location is identified. If an error in an existing water right record is found, then evidence of the correct location as it pertains to the current claim shall be submitted to the Department as part of the Claim of Beneficial Use. (3) The Director may refuse to accept Claims of Beneficial Use which do not conform to these rules and regulations. (4) The form or format provided by the Department for Claim of Beneficial Use shall question whether beneficial use was made. If the permittee or transferee claims that beneficial use was made, the claim must be supported with a sufficient description of the use prepared by the CWRE to enable the Department to decide if beneficial use was made under the terms and conditions of a permit or transfer final order. (5) Follow up inspections may be made by the Department. Statutory/Other Authority: ORS 536, ORS 537, ORS 536.025 & ORS 536.027 Statutes/Other Implemented: ORS 536, ORS 537, ORS 537.797 - 537.799, ORS 537.230 & ORS 537.630 History: WRD 12-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04
690-014-0170 Minimum Requirements for Maps for Permit or Transfer Final Order Claims of Beneficial Use (1) Maps submitted as part of the Claim of Beneficial Use shall be drawn in ink on at least 0.003-inch polyester film and otherwise conform to all the requirements for application maps as noted in OAR 690-310-0050. If for irrigation, the area cross-hatchured shall not exceed the total acreage authorized in the permit or transfer final order involved. More than one permit or transfer may be entered on the same map if clearly identified by different cross-hatchuring. The map scale shall be 1" = 1320', 1" = 400', or the original full-size scale of the county assessor map for the location. The preferred map size is 8 1/2" x 11". The maximum size shall be 30" x 30" unless prior approval is obtained from the Department. Standard symbols shall be used as indicated in Department handouts. (2) Horizontal accuracy is required only to ten feet for the purpose of locating and quantifying water rights. Maps shall be developed from any standard survey method. Traverse closures are not required. (3) Maps shall clearly designate the place of use and point of diversion or appropriation for each source and use. Maps for permits or transfer final orders involving surface water must illustrate the source. (4) The map shall indicate by description, in relation to the point of diversion or appropriation, the location of any fish screens, by-pass devices, and measuring devices required by the permit or transfer final order. (5) The following statement shall be placed on the map: “This map is not intended to provide legal dimensions or locations of property ownership lines.” (6) Maps depicting municipal place of use need only show the township, range, section, and quarter-quarter sections where use has occurred under the subject permit. The scale for a municipal place of use map should be sufficient to identify the quarter-quarters involved in the place of use. (7) A CWRE may make a written request to the Director for a waiver of one or more mapping standards. The Director will determine whether the waiver shall be allowed and will respond to such requests in writing. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 536 & 537 History: WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04 WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88
690-014-0190 Time Limit for Filing Claim of Beneficial Use The Claim of Beneficial Use shall be submitted to the Department within one year after the use was reported to the Department as being complete or the beneficial use date allowed in the permit or transfer final order, whichever occurs first. Failure to comply with this section shall cause the Director to initiate permit cancellation proceedings as provided by ORS 537.260. Statutory/Other Authority: ORS 536, ORS 537, ORS 536.025 & ORS 536.027 Statutes/Other Implemented: ORS 536, ORS 537, ORS 537.797 - 537.799, ORS 537.230 & ORS 537.630 History: WRD 13-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04 WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88
690-014-0220 Time Limit to Cure Defects in a Claim of Beneficial Use A Claim of Beneficial Use which needs corrections or additions shall be returned to the CWRE to correct the deficiencies. The corrected claim shall be returned to the Department within the written time limit allowed. The time allowed will be determined by the Director, but shall not be less than 30 days. Any claims not returned within the specified time may result in the Director submitting the name and certificate number of the CWRE involved to OSBEELS for disciplinary action. Statutory/Other Authority: ORS 536, ORS 537, ORS 536.025 & ORS 536.027 Statutes/Other Implemented: ORS 536, ORS 537 & ORS 537.797 - 537.799 History: WRD 14-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04 WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88
690-017-0005 Introduction These rules define the process the Water Resources Department will follow when cancelling a perfected water right. The action to cancel the perfected water right can be initiated as the result of a request by the record owner of the land to which the water right is appurtenant, or as the result of a request to determine the validity of a water right which may be forfeited due to five successive years of non-use. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.610 - 540.670 History: WRD 17-1990, f. & cert. ef. 9-27-90 WRD 12-1988, f. & cert. ef. 8-10-88
690-017-0010 Definitions (1) "Affidavit" means a declaration upon oath, in writing, signed by the party and sworn to before a notary public. (2) "Affiant" means the individual completing, swearing to and signing an affidavit. (3) "Bankruptcy" means proceedings under federal bankruptcy statutes to relieve a debtor (the bankrupt) from insurmountable debt. The commencement of a bankruptcy action occurs with the date a petition for relief is filed by a debtor or creditor to the bankruptcy court. (4) "Cancellation" means the action taken by the Director, the Commission, or the courts to abolish all or part of a permit or certificate of water right. (5) "Deed-in-Lieu" means a deed tendered by the record owner to prevent the creditor from asserting a legal right to recover payment of a debt through a foreclosure action. (6) “District” has the meaning of the term as defined in ORS 540.505 (7) "Foreclosure" means a proceeding in or out of court to extinguish all right, title and interest of the record owner(s) of property in order to sell or repossess the property to satisfy a lien against it. A foreclosure action begins on the date presentation of the official demand for payment is made to the debtor by the creditor by certified mail. (8) "Forfeiture" means the loss of a water right caused by the failure of the appropriator or record owner of the right to use the water for five successive years. (9) "Judicial Action" means a suit, injunction, or litigation filed with or allowed by the courts. (10) "Natural Disaster" means an act of God, such as flooding or erosion, which occurred with such magnitude that it either prohibited or severely limited the ability to use the water. (11) "Perfected Water Right" means a water right which has been confirmed by the issuance of a certificate of water right or by a court decree. (12) "Presumption of Forfeiture" means a conclusion established by statute that a water right, in whole or in part, is forfeited by nonuse of the right for five successive years. (13) "Principal Farm Operator" means the record owner, including a lessee to whom the right of possession of agricultural property has been granted by the lessor for a specified period of time in return for a consideration. (14) "Rebuttable Presumption" means a presumption which, by statute, may be overcome by evidence sufficient to explain or disprove the presumption. (15) "Record Owner" means the person shown as the owner of the land in the county deed records established under ORS Chapter 93. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.610–540.670 History: WRD 7-2004, f. & cert. ef. 11-5-04 WRD 17-1990, f. & cert. ef. 9-27-90 WRD 12-1988, f. & cert. ef. 8-10-88
690-017-0100 Cancellation Authorized by Record Owner (1) Perfected water rights shall be cancelled by order of the Director in accordance with the provisions of ORS 540.621 when so requested by notarized affidavit of the record owner of the land to which the water right in question is appurtenant. (2) The affidavit shall contain, at a minimum, the following: (a) A statement that the affiant is the record owner of the lands associated with the water right in question; (b) The certificate number of the water right; (c) A statement that the affiant has abandoned any and all interest in and to all or a specified portion of the water right; (d) Where only part of the right has been abandoned, a description of the specific place of use by quarter-quarter section and acres on which the right has been abandoned, with information sufficient to determine the lands on which the right is not to be cancelled; and (e) A request that all or part of the certificate be cancelled. (f) A statement of whether, to the best of the affiant’s knowledge, the subject water right is within the boundaries of a district or federal reclamation project. (3) Based on the best information available to the Department, if the subject water right is within the boundaries of a district or federal reclamation project, the Department shall, as applicable, provide the district and the United States Bureau of Reclamation notice of the water right cancellation request. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.610 - 540.670 History: WRD 7-2004, f. & cert. ef. 11-5-04 WRD 17-1990, f. & cert. ef. 9-27-90 WRD 12-1988, f. & cert. ef. 8-10-88
690-017-0200 Watermaster Affidavit of Inability to Appropriate or Beneficially Use Water (1) If a watermaster has reason to believe that circumstances exist that prevent a water right from being exercised, including but not limited to, the lands being covered by an impermeable surface or the diversion mechanism used to appropriate the water is no longer operable, the watermaster shall file an affidavit with the Water Resources Director. (2) The affidavit shall state: (a) The date and time the land or diversion mechanism or other evidence was inspected by the watermaster; (b) The names of all record owners of the land where the water right is appurtenant and the owners’ address as it appears in the county assessors’ records; and (c) The watermaster’s findings during the inspection that indicate the water right cannot be exercised. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.610 - 540.670 History: WRD 17-1990, f. & cert. ef. 9-27-90 WRD 12-1988, f. & cert. ef. 8-10-88