justicedao/ipfs_state_laws huggingface dataset:
690-380-2410 Municipal Water Rights (1) Water used under a permit or certificate issued to a municipality, under rights conferred by ORS 538.410 to 538.450, or under the registration system set forth in ORS 537.132 may be applied to beneficial use on: (a) Any lands acquired by the municipality through annexation, merger, consolidation, or by the formation of a water supply authority in accordance with ORS 540.510(3)(a)(A) so long as the rate and duty allowed under the right is not exceeded; (b) Subject to the limitations in section (3), lands other than those described in subsection (1)(a) of this rule in accordance with ORS 540.510(3)(a)(B) so long as the use continues to be for municipal purposes and the rate and duty allowed under the right is not exceeded; (c) Any lands for which the use is authorized by the Department of Environmental Quality or Department of Agriculture under ORS 468B.050 or 468B.053 and for which a reclaimed water registration has been filed under ORS 537.132. (2) A municipality may seek authorization to use water for municipal purposes on lands other than those described in section (1) of this rule under a water use subject to transfer by submitting a water right transfer application to change the place of use or character of use under OAR 690-380-3000. (3) The Director may order termination of the use of water under subsection (1)(b) of this rule or, in consultation with the municipal water supplier, may impose other restrictions necessary to eliminate interference with or impairment of prior vested water rights resulting from the use of water under subsection (1)(b) of this rule. (4) As used in this rule, "municipal purposes" includes municipal use, quasi-municipal use, group domestic, domestic use, and human consumption as defined in OAR 690, division 300. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 History: WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0140 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 19-1990, f. & cert. ef. 12-14-90
690-380-2420 Notice of Merger, Consolidation or Formation of a Water Authority (1) Municipal water supply entities that merge, consolidate or form a water authority may notify the Department of such action and request issuance of superseding certificates pursuant to sections (2) and (3) of this rule. The notice and request for issuance of superseding certificates shall include the following: (a) A listing of the entities in the merger, consolidation or formation of a water authority; (b) A copy of the documents filed with the city, county or state authorities approving such action; (c) A copy of the cooperative agreement, or other evidence, between the authority and the county or other authority granted coordinative functions under ORS Chapter 197 showing consistency with local comprehensive plans; (d) A listing of the certificated water rights by number of all water rights for the usual municipal purposes of all entities involved; (e) A map, meeting the requirements of OAR 690-380-3100, showing the legal boundaries of the water service area and the points of diversion or appropriation; (f) The name and address of the authority authorized to conduct business; and (g) A written request that new water right certificates be issued to the authority. (2) After verifying the information submitted in accordance with subsections (1)(a) to (g) of this rule, the Director shall issue superseding certificates confirming the resulting municipal use of water, showing the place of use within the legal description of the service boundaries of the new entity as it was officially formed. (3) After verifying the information submitted in accordance with subsections (1)(a) to (g) of this rule, the Director shall issue certificates to supersede the certificates that were issued before a merger, consolidation or formation of a water authority. Superseding certificates describing the place of use shall be issued to the authority. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.530 History: WRD 5-2006, f. & cert. ef. 10-6-06 WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0150 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 19-1990, f. & cert. ef. 12-14-90
690-380-2430 Acquisition of Water Rights by a Water Authority (1) In addition to using the process described in OAR 690-380-2420, a water authority may acquire water rights from a municipality, a domestic water supply district, an irrigation district, a drainage district, a water improvement district, or a water control district. (2) A water authority that acquires a water right may: (a) Exercise the right subject to the limitations in section (4) of this rule if the right is for municipal purposes; (b) Submit a request for issuance of a superseding certificate that includes the information described in section (3) of this rule if the right is a certificated right for municipal use; (c) Submit a water right transfer application to change the character of use if the right is subject to transfer; or (d) Submit a water right transfer application to change the point of diversion or appropriation if the right is a permit or a right subject to transfer. (3) A request for issuance of a superseding certificate submitted pursuant to subsection (2)(b) of this rule shall be in writing and include: (a) The name and address of the water authority; (b) The certificate number of the water right acquired by the water authority; and (c) A map, meeting the requirements of OAR 690-380-3100, showing the legal boundaries of the water service area and the existing points of diversion or appropriation for the right. (4) The Director may restrict the use of water by a water authority to the lands described by previous water use authorizations or, in consultation with the water authority, may impose other restrictions on the use as needed to eliminate the interference with or impairment of prior vested water rights. (5) As used in this rule, “municipal purposes” includes municipal use, quasi-municipal use, group domestic, domestic use, and human consumption as defined in OAR chapter 690, division 300. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.530 History: WRD 5-2006, f. & cert. ef. 10-6-06 WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0130 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 19-1990, f. & cert. ef. 12-14-90
690-380-3050 Additional Application Requirements (1) For the purpose of clarifying the water right record, the Department shall require the applicant to provide the additional information in section (2) of this rule if: (a) The proposed transfer involves rights for lands under more than one ownership and not all of the owners are applicants; or (b) The final proof survey maps on file with the Department for any quarter-quarter section in which lands involved in the proposed transfer are located do not adequately describe the location of the place of use or the associated priority dates of the associated water rights. (2) The supplemental information to be provided by the applicant shall include: (a) A list of the name and address of each landowner whose lands the Department concludes may be included in the portion of the water right proposed for transfer and written proof of service of a copy of the application on those landowners and a map delineating the location, acreage, priority dates, and ownership of the subject water right; and (b) Other information sufficient to establish that no portion of the right to be transferred is held by persons other than those proposing the transfer and, for rights with multiple priority dates, the priority dates for the right to be transferred are consistent with the decree or other document establishing the right. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.532 History: WRD 2-2003, f & cert. ef. 5-1-03
690-380-3200 District May Submit Application for Water Users (1) A district, authorized to act on behalf of its members, may apply for a water right transfer under the provisions of ORS 540.520. If the proposed change is for other than a change in point of diversion or appropriation, the application shall contain a notarized statement from the owner of the right authorizing the proposed change. (2) An application for a change in the place of use of water rights managed by a district may be made pursuant to OAR chapter 690, division 385. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.520 History: WRD 5-2006, f. & cert. ef. 10-6-06 WRD 8-2004, f. & cert. ef. 11-5-04 WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0020 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 7-1987, f. & ef. 6-11-87
690-380-3220 Separate Application Required for Each Water Right For changes involving more than one landowner or water use subject to transfer, a separate transfer application is required for each water use subject to transfer from each landowner involved, except under the following circumstances: (1) A change in point or points of diversion or appropriation to a new common point of diversion or appropriation for a delivery system serving multiple rights or multiple ownerships. (2) A change in use or place of use of all rights on a single parcel from all sources. (3) A change in use or place of use from as many as four land owners may be allowed within a district. Such a change must be for the same water right and not total more than 10 acres transferred. (4) Transfers between two parcels using water from the same source. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.520 History: WRD 5-2006, f. & cert. ef. 10-6-06 WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0025 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 16-1990, f. & cert. ef. 8-23-90, Renumbered from 690-015-0035 WRD 10-1988, f. & cert. ef. 8-10-89 WRD 7-1987, f. & ef. 6-11-87
690-380-3400 Waiver of Fees The Director shall waive $100 or 50 percent of the application fee, whichever is greater, for that portion of a change to a water right permit under ORS 537.211(4) or a water right subject to transfer under 540.520 or 540.523, that is: (1) To establish an instream water right pursuant to ORS 537.348; (2) Is necessary to complete a project funded by the Oregon Watershed Enhancement Board under ORS 541.375; or (3) Determined and endorsed in writing by ODFW as a change that will result in a net benefit to fish and wildlife habitat. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.532 History: RD 2-2003, f & cert. ef. 5-1-03
690-380-3410 Waiver of Mapping Requirements (1) The Director may waive or assist the applicant in satisfying the requirements of OAR 690-380-3100 for a change to a water right subject to transfer under ORS 540.520 or 540.523, if the change is: (a) To establish an instream water right pursuant to ORS 537.348; (b) Necessary to complete a project funded by the Oregon Watershed Enhancement Board under ORS 541.932; or (c) Determined and endorsed in writing by ODFW as a change that will result in a net benefit to fish and wildlife habitat. (2) A request to waive or assist the applicant in satisfying the mapping requirements of OAR 690-380-3100 shall be submitted on a form provided by the Department. The form must be completed by the applicant and signed by the appropriate field staff prior to submittal of the transfer application. (3) A waiver of mapping requirements under this rule shall only be approved if: (a) The transfer would establish an instream water right as described in subsection (1)(a) of this rule: (A) If the entirety of the right is being transferred to an instream water right and the location of the instream water right can be clearly delineated through reference to the existing point of diversion for the transferred right and other points of diversion or geographic reference points such as the mouth of the stream; or (B) A map meeting the requirements of OAR 690-380-3100 is available showing the lands not included in the transfer and the location of the instream water right can be clearly delineated through reference to the existing point of diversion for the transferred right and other points of diversion or geographic reference points such as the mouth of the stream. (b) At the determination of the Director, other circumstances are present that make an application map unnecessary. (4) The assistance provided by the Department may include, but need not be limited to, development of an application map. Statutory/Other Authority: ORS 536.025 & ORS 536.027 Statutes/Other Implemented: ORS 540.510 - 540.532 & ORS 541.932 History: WRD 36-2025, minor correction filed 12/23/2025, effective 12/23/2025 WRD 2-2003, f & cert. ef. 5-1-03
690-380-4000 Request for Comments (1) On receipt of an application for transfer, the Department shall review the application to determine if the applicant has included the information required by OAR 690-380-3000 and if the water rights proposed for transfer are water uses subject to transfer as defined in ORS 540.505(4) and OAR 690-380-0100(14). (2) If the Department determines that the application does not include the required information or that the water rights proposed for transfer are not subject to transfer, the Department shall return the application and any fees to the applicant along with a written description of the deficiencies in the application. (3) If the Department determines the application is complete and the water rights proposed for transfer are uses subject to transfer, the Department shall file the application and request public comments on the application: (a) In the weekly notice published by the Department; and (b) By regular mail, or with the consent of the recipient, by electronic means to each affected local government and irrigation district identified by the applicant pursuant to OAR 690-380-3000(21). (4) The request for comments shall provide a period of at least 30 days for interested persons to comment on the application. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.532 History: WRD 1-2012, f. 1-31-12, cert. ef. 2-1-12 WRD 5-2006, f. & cert. ef. 10-6-06 WRD 8-2004, f. & cert. ef. 11-5-04 WRD 2-2003, f & cert. ef. 5-1-03
690-380-4030 Protests and Requests for Hearings (1) Within 30 days after the date of last publication of the newspaper notice or the Department’s weekly notice as prescribed by OAR 690-380-4020, whichever is later: (a) Any person may file, jointly or severally, with the Department, a protest or standing statement; and (b) If the Department’s preliminary determination is that a proposed change in point of diversion or appropriation would result in injury, the applicant may file a notification of intent to pursue approval of the transfer under OAR 690-380-5030 to 690-380-5050. (2) A person filing a protest under this rule must comply with the provisions of OAR 690-002-0030 and include the fee required under ORS 536.050. (3) An applicant filing a protest under this rule must provide the affidavit required under OAR 690-380-4020(3) to the Department prior to or concurrent with the filing of the protest. (4) Each person submitting a protest shall raise all reasonably ascertainable issues and submit all reasonably available arguments supporting the person’s position by the close of the protest period. Failure to raise a reasonably ascertainable issue in a protest or failure to provide sufficient specificity to afford the Department an opportunity to respond to the issue may preclude consideration of the issue during the hearing. (5) The Department shall provide to persons who have filed standing statements as defined in OAR 690-380-0100(11) notice of any differences between the Department’s preliminary determination and the final order, notice of a hearing on the application under OAR 137-003-0535, and an opportunity to request limited party status or party status in the hearing. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 183.310 - 183.550, 536.050 & 540.530 History: WRD 5-2006, f. & cert. ef. 10-6-06 WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0085 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 7-1987, f. & ef. 6-11-87
690-380-4200 Hearings (1) If a protest is filed under OAR 690-380-4030, the Department shall hold a hearing on the matter. (2) Notice and conduct of the hearing shall: (a) Be under the applicable provisions of ORS 183.310 to 183.550, pertaining to contested cases, and the hearing shall be held in the area where the rights are located unless all parties stipulate otherwise; and (b) If a protest has asserted that a water right to be transferred has been forfeited through non-use, include the notice and procedures described in OAR 690-017-0500 to 690-017-0900. (3) If after hearing the Department issues a proposed final order finding that a change in point of diversion or appropriation will result in injury, the applicant may file a notification of intent to pursue approval of the transfer under OAR 690-380-5030 to 690-380-5050 within 15 days of receipt of the proposed order. Notwithstanding 690-002-0175, if the applicant files a notification of intent to pursue approval of the transfer under 690-380-5030 to 690-380-5050, the deadline for filing exceptions to the proposed order shall be 30 days after the Department provides notice to the parties that the transfer does not meet the requirements of 690-380-5030 to 690-380-5050. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.532 History: WRD 5-2006, f. & cert. ef. 10-6-06 WRD 2-2003, f & cert. ef. 5-1-03
690-380-5000 Approval of Transfers (1) A transfer application shall be approved if the Department determines that: (a) The water right affected by the proposed transfer is a water use subject to transfer as defined in ORS 540.505(4) and OAR 690-380-0100(14) and, for a right described under 690-380-0100(14)(d), the proof of completion has been approved under 690-380-6040; (b) The portion of the water right to be transferred is not cancelled pursuant to ORS 540.610; (c) The proposed transfer would not result in enlargement as defined in OAR 690-380-0100(2); (d) Except as provided in OAR 690-380-5030, the proposed transfer would not result in injury as defined in 690-380-0100(3); and (e) Any other requirements for water right transfers are met. (2) Except as otherwise provided in OAR 690-380-4020(8), the Department shall issue a final order consistent with the preliminary determination described in 690-380-4010 if no protests or notifications of intent are received under 690-380-4030(1). Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.532 History: WRD 5-2006, f. & cert. ef. 10-6-06 WRD 8-2004, f. & cert. ef. 11-5-04 WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0050 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 7-1987, f. & ef. 6-11-87
690-380-5030 Approval of Injurious Transfers The Department may approve a transfer of a point of diversion or appropriation that would injure another water right if: (1) For any water right other than an instream water right, the applicant files an affidavit from every holder of the injured water rights consenting to the change that conforms to OAR 690-380-5040, and (2) For any instream water right held by the Department pursuant to ORS 537.336 or 537.346, the Department consents to the change after complying with the provisions of OAR 690-380-5050. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.532 History: WRD 5-2006, f. & cert. ef. 10-6-06 WRD 2-2003, f & cert. ef. 5-1-03
690-380-5040 Affidavits of Consent An affidavit consenting to a proposed change in point of diversion under OAR 690-380-5030(1) shall be notarized and shall include statements that the affiant: (1) Is the holder of a water right that the Department has determined would be injured; (2) Has reviewed the preliminary determination or proposed order of the Department concluding the transfer would result in injury and recognizes the nature of the injury; (3) Understands that approval of the proposed transfer may permanently reduce the quantity of water available for use under the water right; and (4) Consents to the injury resulting from the proposed change in point of diversion or appropriation. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.532 History: WRD 5-2006, f. & cert. ef. 10-6-06 WRD 2-2003, f & cert. ef. 5-1-03
690-380-5060 Fish Screening and By-Pass Devices (1) Pursuant to ORS 540.525, when an application for a change in point of diversion is received, the Department shall consult with the ODFW to determine whether a fish screening or by-pass device is necessary to prevent fish from leaving the body of water and entering the diversion. (2) The Department’s consultation with ODFW shall determine whether the diversion is: (a) Equipped with an appropriate fish screen or by-pass device; or (b) Included in the list of priority screening projects established under section 8, chapter 933, Oregon Laws 1989. (3) If the original point of diversion is included in the priority list referenced in subsection (2)(b) of this rule, the Department, after consulting with ODFW, may require the installation of an appropriate fish screening or by-pass device at the new point of diversion. (4) If requested by ODFW, a condition requiring a proper fish screen at the new point of diversion shall be attached to any transfer approval order for a change in point of diversion. (5) Any individual required to install a fish screening or by-pass device under this section at a point of diversion for a diversion of under 30 cubic feet per second may participate in ODFW’s cost sharing program for the installation of screening and by-pass devices. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.525 & 540.532 History: WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0073 WRD 5-1996, f. & cert. ef. 7-11-96
690-380-5100 Compatibility with Acknowledged Comprehensive Plans (1) The Department and Commission shall meet requirements established in OAR 690-005-0045 (Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans) in evaluating and taking action on applications for transfers except as specified in OAR 690-005-0025 and 690-380-3000(19). (2) In the event of a land use dispute, as defined in OAR 690-005-0015 (Definitions), the Department shall follow procedures provided in 690-005-0040 (Resolution of Land Use Dispute). (3) The Director may presume that the transfer would be allowed by, and compatible with comprehensive plans unless an affected local government informs the Director otherwise within 30 days after the date shown on the notice issued pursuant to OAR 690-380-4000. Statutory/Other Authority: ORS 197, 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.531 History: WRD 5-2006, f. & cert. ef. 10-6-06 WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0057 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 12-1990, f. & cert. ef. 8-8-90
690-380-5110 Original Right Terminated Approval of a change in use or place of use terminates the right to use water for the existing character of use or place of use under the original water right as described in the transfer application form required under OAR 690-380-3000. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.532 History: WRD 5-2006, f. & cert. ef. 10-6-06 WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0040 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 7-1987, f. & ef. 6-11-87