justicedao/ipfs_state_laws huggingface dataset:
690-380-5120 Multiple Primary Water Rights on the Same Lands If the water right records show two or more irrigation rights as primary on the same land, the right with the oldest priority date shall be considered the primary water right unless the applicant designates a right, other than the right with the oldest priority date, as the primary water right. All other water rights shall be diminished to supplemental water rights. 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 690-015-0045 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 16-1990, f. & cert. ef. 8-23-90 WRD 7-1987, f. & ef. 6-11-87
690-380-5130 Assignment or Change of Ownership (1) When a change of ownership or interest occurs in lands described by a transfer application or by an order approving a transfer, the record holder may request the director to record an assignment to the new owner. (2) If the record holder is not available, the new owner may furnish proof of ownership to change the Department’s records for that transfer. The Department shall also record a change in ownership to an heir or devisee under a will upon receiving proof of death of the record holder, or to a trustee upon receiving proof of a transfer to trust by the record holder. Proof of ownership of the involved lands shall include but not be limited to one or more of the following documents: (a) A deed to the land; (b) A land sales contract; (c) Documentation of survivorship of property held jointly; or (d) A court order or decree. (3) The person making the assignment shall identify the current owner of all property involved in the transfer at the time of assignment. The person making the assignment shall furnish proof that notice of the assignment has been given or attempted for each identified owner not party to the assignment. (4) When approval of a transfer for a change in place of use moves the water use subject to transfer to lands owned by another owner, the order shall contain the name and address of the receiving landowner and the Department’s records shall be changed to show the receiving landowner as the transfer holder. It shall be the responsibility of the receiving landowner to complete the transfer. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.530 History: WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0075 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 6-1990, f. & cert. ef. 8-23-90
690-380-5140 Time for Completion (1) The Department shall fix a time limit in the order authorizing a change of character of use, place of use or point of diversion or appropriation within which the approved changes may be completed. (2) Extensions of time to complete a transfer may be granted pursuant to OAR 690-380-6020. (3) The time allowed by the Department for completion of an authorized change shall not be used when computing a five-year period of non-use under the provisions of ORS 540.610(1). The time for completion of the change requested in a transfer application is one full year plus the time until the next October 1. The time for completion of the change of a municipal or quasi-municipal right is five years plus the time until the next October 1. A longer time for completion may be allowed if the applicant can justify the need for a longer period of time. 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 690-015-0087 WRD 5-1996, f. & cert. ef. 7-11-96
690-380-6010 Failure to Complete a Transfer as Grounds for Cancellation (1) Upon approval of a change in use or place of use, the water use subject to transfer is considered inchoate (incomplete) until the authorized change has been completed to the satisfaction of the director. (2) Any part of a transferred water use that is not applied to beneficial use under the terms of the transfer order for change in use or place of use, or within any extension of time allowed for completion, is lost. (3) Non-completion of a change in point of diversion or appropriation does not forfeit the water use subject to transfer. However, upon expiration of the time allowed for completion, the water use shall again become subject to forfeiture pursuant to the provisions of ORS 540.610. (4) For a change in point of diversion or appropriation, the claim of beneficial use shall identify the lands served by the new point of diversion or appropriation using: (a) The existing final proof survey map for the right of record; or (b) Another map prepared in accordance with OAR chapter 690, division 14. (5) A new application is required to change the point of diversion or appropriation to a new location not authorized by the order. (6) If the change in point of diversion or appropriation is not completed, the point of diversion or appropriation shall revert to the last authorized point of diversion or appropriation prior to the transfer. 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 690-015-0090 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 7-1987, f. & ef. 6-11-87
690-380-6020 Extension of Time (1) An order authorizing a water right transfer sets a time limit in which to beneficially use the water. If the transfer is not completed within the time limit, the owner may file an application for an extension of time. The application shall contain sufficient information for the director to determine reasonable diligence in the attempt to complete the project within the initial time allowed. (2) If multiple receiving owners are involved, a separate application is required from each receiving owner requesting an extension. (3) Extensions are granted for one year, from October 1 to October 1 of each year. An extension for up to five years may be granted for transfers involving municipal or quasi-municipal use. Extensions may be granted for longer time if the applicant can justify the need for a longer period of time by submission of pertinent evidence. (4) In reviewing an application for an extension of time, the director shall determine whether reasonable diligence was made by the applicant to complete the project within the time period established under OAR 690-380-5140. Reasonable diligence shall include, but is not limited to: (a) The purchase and installation of water delivery system; (b) The expansion or restructuring of the existing delivery system; (c) Actual use of a portion of the water according to the terms of the transfer order; or (d) For municipal, quasi-municipal and group domestic uses only, the continued increase in population and number of service connections. (5) Applications for succeeding extensions shall show reasonable diligence within the time allowed by the previous extension and shall be subject to the Department review based on section (4) of this rule. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.530 History: WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0100 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 10-1988, f. & cert. ef. 8-10-88 WRD 7-1987, f. & ef. 6-11-87
690-380-6030 Proof Of Use; Noncompliance (1) For transfers requested prior to July 10, 1987, at such time given in the order approving the transfer for complete application of water, the director may have the subject property inspected and shall issue a certificate of water right confirming the water right to the extent it has been re-established by use under the terms of the order approving the transfer. The owner may either hire a certified water right examiner to prepare the map and report required for his/her claim of Beneficial Use or wait for the Department to conduct a final proof survey on its own schedule. (2) Transfers requested on or after July 10, 1987 shall have a Claim of Beneficial Use report and map prepared by a certified water right examiner in accordance with OAR chapter 690, division 14. (3) If any property described in the order approving the transfer application is not included in the request for a water right certificate, the owners of the transfer shall provide to the Department the name and address of the landowner of that property. 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 690-015-0110 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88 WRD 7-1987, f. & ef. 6-11-87
690-380-6040 Proof of Completion of Change (1) The director shall issue a certificate of water right upon satisfactory proof of completing the change or changes authorized by a transfer approval order. Satisfactory proof shall be one of the following: (a) A determination by the Department that appropriation of water to beneficial use under the terms of the transfer approval order was completed to the extent authorized; or (b) A determination by the Department that appropriation of water to a beneficial use under the terms of the transfer approval order was completed to an extent less than authorized. Such determination shall constitute proof for that portion of the appropriation. (2) If the Department determines that proof has been made to an extent different or less than that approved, a proposed certificate of water right shall be prepared. The proposed certificate shall describe the right determined completed under the provisions of the transfer approval order. The proposed certificate shall be sent by first class mail, or with the consent of the recipient, by electronic means to the transferee, together with notice that the transferee or the landowner has a period of 60 days from the date the proposed certificate was sent within which to request the Department reconsider the contents of the proposed certificate of water right. If no request for reconsideration is received within the 60-day period, the director shall issue a water right certificate to the transferee or landowner pursuant to ORS 540.530(2) and the transfer approval order. (3) If the Department determines that proof has been made to the full extent granted by the approval order, a certificate may be issued without the necessity of a proposed certificate. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.530 History: WRD 1-2012, f. 1-31-12, cert. ef. 2-1-12 WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0120 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 16-1990, f. & cert. ef. 8-23-90
690-380-6050 Waiver of Proof of Completion (1) The Director may waive any of the proof of completion requirements of OAR 690-380-6040, if: (a) The waiver of the mapping requirements has been previously approved under OAR 690-380-3410; or (b) The Director determines that other circumstances are present that make any of the requirements for proof of completion unnecessary and the transfer complies with the requirements of OAR 690-380-3410 for a waiver of mapping requirements. (2) The Department may assist the applicant in satisfying any of the proof of completion requirements of OAR 690-380-6040 if the transfer complies with the requirements of OAR 690-380-3410. The assistance provided by the Department may include, but need not be limited to, development of a final proof survey map and claim of beneficial use. 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
690-380-6060 Petition for Reconsideration (1) A petition for reconsideration of the content of a proposed certificate may be submitted in writing to the Department by the transferee or landowner. The petition shall describe the disagreement with the proposed certificate. (2) The petition shall set forth the changes to the proposed certificate or the final proof map and shall include any facts which support the request. Maps, photographs, affidavits, receipts or other such evidence may be included to support the request. (3) The director may allow reasonable time beyond the time set under OAR 690-380-6040(2) for a transferee or landowner to complete and submit a written petition for reconsideration. (4) Upon receipt of a petition for reconsideration, the director shall: (a) Approve the petition without verification and issue a certificate with the changes included; (b) Schedule field verification of the requested changes and pursuant thereto approve or deny the request; or (c) Deny it by a letter to the requesting person. (5) If field verification is scheduled, a new proposed certificate may be prepared and sent as prescribed by OAR 690-380-6040. (6) A petition for reconsideration of a new proposed certificate issued under section (5) of this rule shall be filed in accordance with sections (1) to (3) of this rule. Such petitions shall be approved or denied by an order of the director. The order shall provide for either issuance of a certificate of water right in conformance with the director’s findings, or for the scheduling of a contested case hearing as provided under OAR 690, division 2. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.530 History: WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0125 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 16-1990, f. & cert. ef. 8-23-90
690-380-8000 Temporary Transfers Any person who holds a water use subject to transfer may request that the Department approve: (1) For a period of not to exceed five years, a temporary transfer of: (a) Place of use and, if necessary to convey the water to the new temporary place of use, point of diversion or appropriation; or (b) Character of use of a right to store water, or (2) For a period of not to exceed 25 years, a temporary transfer in the Deschutes River Basin of place of use, type of use, and point of diversion or appropriation if necessary to convey water to the new temporary place of use, of all or a portion of a water right. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 536.050, 540.520 & 540.523 History: WRD 5-2006, f. & cert. ef. 10-6-06 WRD 1-2004, f. & cert. ef. 3-17-04 WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0300 WRD 5-1996, f. & cert. ef. 7-11-96
690-380-8002 Temporary Transfer Applications under OAR 690-380-8000(1) (1) Applications for a temporary transfer under OAR 690-380-8000(1) shall be on the Department’s water right transfer application form, shall be clearly marked “Temporary Transfer,” and shall include the following: (a) The information required in OAR 690-380-3000; (b) The length of time for which the change is being requested; (c) The appropriate fee pursuant to ORS 536.050; and (d) A map prepared pursuant to the requirements of OAR 690-380-3100, except it need not be prepared by a certified water right examiner. (2) Notwithstanding the requirements of OAR 690-380-4020, the Department shall issue an order to approve a request for a temporary transfer under this rule if the Department determines that the temporary transfer will not injure any existing water right. In issuing the order, the Department may include any conditions necessary to protect other water rights. (3) All uses for which a temporary transfer is allowed under this rule shall revert automatically to the terms and conditions of the water use subject to transfer upon expiration of the temporary transfer period, or earlier if requested in writing by the applicant. (4) The time during which water is used under an approved temporary transfer order does not apply toward a finding of forfeiture under ORS 540.610. (5) The Department may revoke a prior approval of the temporary transfer at any time if the Department finds that the transfer is causing injury. (6) If the Department determines that the application is incomplete or defective or that all fees have not been paid, the Department shall return the application. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: SB 820 & 2003 OL History: WRD 1-2004, f. & cert. ef. 3-17-04
690-380-8010 Seasonal Use Except as provided in OAR 690-380-8004, the lands from which the water use subject to transfer is removed shall receive no water, under the appurtenant rights, during the period of a temporary transfer. In the case of a temporary transfer approved during the season for which there is a specified season of use, such as the irrigation season, the lands from which the water use subject to transfer is being removed shall have received no water, under the appurtenant rights, during that season, including water used prior to the approval of the temporary transfer. If the lands have received water, under the appurtenant rights, during that season, the temporary transfer may not take effect until the following season. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.523 History: WRD 1-2004, f. & cert. ef. 3-17-04 WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0310 WRD 5-1996, f. & cert. ef. 7-11-96
690-380-9000 Clarification of Water Rights (1) If the Director decides that a certificate of water right does not identify the lands to which the right is appurtenant with sufficient specificity for management, delivery, or transfer of that right, the Director may issue an order clarifying and defining the description of the land to which the right is appurtenant. (2) A clarification order may not reduce the rate, duty or number of acres stated in the perfected right. The sole purpose of the order is to better define the location to which the water right is appurtenant. (3) Any order issued under this section shall be served on the legal owner of the land to which the water right is appurtenant and on the occupant of the land, by certified mail, return receipt requested. If the owner or occupant files a written request for a hearing within 30 days after service of the order, the Director or the Director’s authorized assistant shall conduct a hearing of the matter under the provisions of ORS 183.413 to 183.484. (4) If no exceptions or objections to a proposed order issued under this rule are filed within the time allowed, the Director shall issue a final order. Said final order shall be filed with the certificate that the order clarifies. For all purposes, the final order shall constitute the description of the land to which the water right is appurtenant. Statutory/Other Authority: ORS 183, 339, 536, 537, 540 & 649 History: WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0400 WRD 10-1988, f. & cert. ef. 8-10-88
690-382-0010 Purpose (1) The rules in OAR chapter 690, division 382 establish the requirements and procedures to be used by the Department to evaluate an application to modify a groundwater certificate of registration. The rules describe the requirements for changing the point of appropriation, place of use, or character of use of a certificate of registration. (2) No change in point of appropriation, place of use, or character of use of a certificate of registration may be made except as provided under these rules and OAR Chapter 690, Division 380. Statutory/Other Authority: ORS 536.025, ORS 537.610 & ORS 536.027 Statutes/Other Implemented: ORS 537.610 & ORS 540.505-540.532 History: WRD 31-2025, minor correction filed 12/20/2025, effective 12/20/2025 WRD 5-2006, f. & cert. ef. 10-6-06
690-382-0200 Layered Water Rights and Certificates of Registration (1) Except as provided in section (5) of this rule, a change in place of use or character of use of a certificate of registration that is layered shall be approved or recognized only if concurrent changes to the other layered water uses subject to transfer, permits, and certificates of registration are approved or recognized. (2) When reviewing an application for a registration modification, the Department shall notify the applicant if other layered water uses subject to transfer, permits, or certificates of registration are identified for which applications for concurrent changes have not been filed. (3) The Department shall provide an applicant notified under section (2) of this rule a period of not less than 30 days to: (a) Submit applications for concurrent changes in the other layered water uses subject to transfer, permits, and certificates of registration; (b) Submit affidavits of voluntary cancellation for the other layered water uses subject to transfer, permits, and certificates of registration; or (c) Withdraw the application. (4) If the Department determines that an application to modify a layered certificate of registration should be denied, the Department shall notify the applicant of the Department’s intent to issue final orders denying the application and all associated applications unless, within 30 days after the date of Department notification, the applicant: (a) Submits an affidavit of voluntary cancellation for the portion of the water use subject to transfer, permit, or certificate of registration that the Department has determined cannot be transferred, amended, or modified; or (b) Withdraws the applications. (5) A certificate of registration that the applicant designates as being for supplemental irrigation use may be moved separately from the associated primary irrigation water right if another primary irrigation water right with similar reliability is appurtenant to the lands to which the certificate of registration is to be moved. Statutory/Other Authority: ORS 536.025; 536.027, 537.610, 540.531, HB 2123 (ch. 614 & 2005 Oregon Water Laws) Statutes/Other Implemented: ORS 537.610, 540.505-540.532, HB 2123 (ch. 614 & 2005 Oregon Water Laws) History: WRD 5-2006, f. & cert. ef. 10-6-06
690-382-0300 Modification of Certificates of Registrations (1) An application for recognition of a modification of a certificate of registration may be filed by: (a) The person named on the certificate of registration or to whom the certificate of registration has been assigned; (b) The owner of the land to which the registration is appurtenant provided that the application is accompanied by a request for assignment under OAR 690-320-0060; or (c) Any other person or entity who can demonstrate that they are authorized to request recognition of a modification. (2) When modification of a certificate of registration is necessary to change the point of appropriation, place of use, or character of use under the registration, an application for recognition of the modification shall be submitted on a form provided by the Department. The application may propose modification of only one certificate of registration unless the registrations to be modified are layered. Statutory/Other Authority: ORS 536.025; 536.027, 537.610, 540.531, HB 2123 (ch. 614 & 2005 Oregon Water Laws) Statutes/Other Implemented: ORS 537.610, 540.505-540.532, HB 2123 (ch. 614 & 2005 Oregon Water Laws) History: WRD 1-2009, f. & cert. ef. 6-18-09 WRD 5-2006, f. & cert. ef. 10-6-06
690-382-0450 Existing Documentation of Modifications If documentation of a modification under a ground water registration was on file with the Department prior to July 22, 2005, the Department shall provide an application for recognition of the modification described in the notice priority with respect to processing other applications for recognition of ground water registration modifications. An application filed under OAR 690-382-0400 may incorporate by reference information about the modification that is on file with the Department. Statutory/Other Authority: ORS 536.025, ORS 536.027 & ORS 537.610 Statutes/Other Implemented: ORS 537.610 & ORS 540.505-540.532 History: WRD 32-2025, minor correction filed 12/20/2025, effective 12/20/2025 WRD 5-2006, f. & cert. ef. 10-6-06