justicedao/ipfs_state_laws huggingface dataset:
690-017-0300 Notice of Watermaster Affidavit to Record Owner (1) The Water Resources Department shall notify each record owner of the land described by an affidavit submitted by a watermaster under ORS 540.660 in the following manner: (a) If there are 25 or fewer record owners of the land, the department shall mail a copy of the affidavit to each record owner; (b) If there are more than 25 record owners, the department shall provide general notice by publication according to the procedures established in ORS 193.010 to 193.100; and (c) If the land is within the boundaries of an irrigation district, the Department shall mail a copy of the affidavit to the irrigation district. (2) The record owner named in an affidavit shall be given the option of voluntarily relinquishing the water right or portion thereof, continuing to be the subject of the filing of such affidavits each year for a period of five successive years, or of applying the water to the use authorized by the certificate. (3) If the watermaster files an affidavit each year for five successive years, the Water Resources Department shall initiate proceedings under ORS 540.631 to cancel the water right. 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
690-017-0500 Cancellation Not Protested If the record owner or occupant receiving notice as provided in ORS 540.631 fails to protest the proposed cancellation of the water within the 60-day period prescribed in the notice, the Water Resources Department shall enter an order cancelling the water right as provided in ORS 540.641. 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
690-017-0600 Protest of Cancellation/Statement of Intent to Rebut Presumption of Forfeiture (1) A protest submitted to the Water Resources Department by the record owner or occupant of the land on which a cancellation of a perfected water right is proposed shall include the following: (a) A written statement citing the reasons the record owner or occupant believes the water right has not been forfeited by nonuse; and (b) The statutory fee for filing the protest. (2)(a) Where the record owner or occupant intends to rebut the presumption of forfeiture by claiming one or more of the grounds for rebuttal established in ORS 540.610(2) and as further defined in OAR 690-017-0800, grounds claimed for rebuttal shall be stated in the protest; (b) Where applicable, documentary evidence in support of the rebuttal as described in OAR 690-017-0800(3) shall be submitted with the protest. (3)(a) On receipt of a protest claiming rebuttal and supporting documentary evidence, a determination shall be made whether the presumption of forfeiture has been rebutted; (b) Where rebuttal is found to have been made, the matter shall be closed and no further action taken to cancel the water right; (c) Where it is determined that the presumption of forfeiture has not been rebutted, the Department shall initiate proceedings to cancel the right as provided in OAR 690-017-0700. 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
690-017-0700 Cancellation Hearing (1) If the Department receives a protest to the proposed cancellation of a water right within the prescribed 60-day period, a hearing on the protest shall be scheduled. The protestant shall be given not less than 10 days notice of the hearing time and place. (2) The hearing shall be held by the Department’s Hearings Referee, and shall be conducted under the provisions of ORS 183.310 to 183.550 pertaining to contested cases. (3) In contested case hearings where the initial determination was made that the presumption of forfeiture had not been rebutted, the owner may offer additional evidence in support of rebuttal. (4) After the hearing the Hearings Referee shall enter a proposed order: (a) Cancelling the water right; (b) Cancelling in part or modifying the water right; or (c) Declaring that the water right shall not be cancelled or modified. (5) If no exceptions or objections to the proposed order are filed within the time allowed, the Hearings Referee shall issue a final order. 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
690-017-0900 Time Period of Non-Use Where the rebutted nonuse occurs as an intervening period within an unrebutted period of nonuse totaling five or more years, the remaining unrebutted years of nonuse will be treated as consecutive and cancellation will be initiated. Statutory/Other Authority: ORS 536.025 & ORS 536.027 Statutes/Other Implemented: ORS 540.610 - 540.670 History: WRD 26-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 17-1990, f. & cert. ef. 9-27-90 WRD 12-1988, f. & cert. ef. 8-10-88
690-018-0010 Purpose and Applicability (1) These rules describe the voluntary program under which a water right holder may benefit from an allocation of conserved water. Under the program, a portion of any water conserved may be used on additional lands, be put to a different use, or be leased or sold to another user. (2) This program is intended to promote the conservation of water, maximize beneficial use and enhance streamflows pursuant to the statutory authority in ORS 537.455 to 537.500 and 540.510(2) and (3). (3) These rules establish the process for review and evaluation of the merits and impacts of applications for allocation of conserved water. After a sufficient number of applications are submitted, these rules shall be reviewed and revised, as necessary, to further promote the allocation of conserved water and to provide criteria for determining requirements for mitigation and the establishment of instream water rights. (4) The rules in this division apply to applications submitted after November 5, 2004. Statutory/Other Authority: ORS 536.025, 536.027 & 537.480 Statutes/Other Implemented: ORS 537.455 - 537.500 History: WRD 7-2004, f. & cert. ef. 11-5-04 WRD 15-1994, f. & cert. ef. 12-23-94 WRD 19-1988, f. & cert. ef. 11-4-88
690-018-0012 Allocation Formula and Process (1) Pursuant to ORS 537.470(3), after determining the quantity of conserved water, if any, required to mitigate the effects on other water rights, the Commission shall allocate 25 percent of the remaining conserved water to the state and 75 percent to the applicant, unless the applicant proposes a higher allocation to the state or more than 25 percent of the funds used to finance the conservation measures comes from federal or state public sources. If more than 25 percent of the funds used to finance the conservation measures comes from federal or state public sources and is not subject to repayment, the Commission shall allocate to the state a percentage equal to the percentage of public funds used to finance the conservation measures and allocate to the applicant a percentage equal to the percentage of other funds used to finance the conservation measures. In no event, however, shall the applicant receive less than 25 percent of the remaining conserved water unless the applicant proposes a higher allocation to the state. (2) A water right affected by an allocation of conserved water under this program shall retain its original priority date. The priority date of the conserved water rights shall be either the same as or one minute after that of the original right. (3) Many water users have expressed concern about the effects of an allocation of conserved water on the continued use of water under the original water right. These rules allow for a period of up to five years after implementation of a conservation project to confirm that the project is performing as expected. This will allow water right holders to better determine the adequacy of the quantity of water allocated to the original right. However, no out-of-stream uses may be made of the conserved water until after final completion of the project and issuance of the new certificates. Statutory/Other Authority: ORS 536.025, 536.027 & 537.480 Statutes/Other Implemented: ORS 537.455 - 537.500 History: WRD 7-2004, f. & cert. ef. 11-5-04 WRD 15-1994, f. & cert. ef. 12-23-94
690-018-0014 Timing of applications (1) Applications for allocation of conserved water should be submitted prior to implementation of conservation measures. Project sponsors are encouraged to consult with the Department and other natural resource agencies and to submit applications early in the process of project development. The Department will work with applicants to identify and resolve any concerns of local water right holders, governmental entities, or other organizations. (2) Notwithstanding section (1) of this rule, applications for allocation of conserved water may be submitted for projects in which all or a significant portion of the project costs have already been incurred. However, these project sponsors must consult with other water right holders in the area, governmental entities, and other organizations who have asked to be consulted prior to submittal of an application to identify and resolve any concerns regarding the application. Conserved water shall not be allocated pursuant to an application under these rules if the application is filed more than five years after the conservation measure was implemented. Statutory/Other Authority: ORS 536.025, 536.027 & 537.480 Statutes/Other Implemented: ORS 537.455 - 537.500 History: WRD 7-2004, f. & cert. ef. 11-5-04 WRD 15-1994, f. & cert. ef. 12-23-94
690-018-0020 Definitions The following definitions apply in OAR 690, division 18 and to any applications submitted or certificates issued under these rules. (1) "Affected local government" means any local government, as defined in OAR 690-005-0015, within whose jurisdiction water is or would be diverted, conveyed, or used under a proposed or approved order allocating conserved water. (2) "Commission" means the Water Resources Commission. (3) "Conservation" means the reduction of the amount of water diverted to satisfy an existing beneficial use achieved either by improving the technology or method for diverting, transporting, applying or recovering the water or by implementing other approved conservation measures. (4) "Conserved Water" means that amount of water that results from conservation measures, measured as the difference between: (a) The smaller of the amount stated on the water right or the maximum amount of water that can be diverted using the existing facilities; and (b) The amount of water needed after implementation of conservation measures to meet the beneficial use under the water right certificate. (5) "Conserved Water Right" means any water right established by allocation of a quantity of water, that results from the savings of a conservation measure pursuant to OAR 690-018-0010 to 690-018-0090. (6) "Department" means the Water Resources Department. (7) "Director" means the Water Resources Director. (8) "Instream Water Right" means a water right held in trust by the Water Resources Department for the benefit of the people of the State of Oregon to maintain water instream for public use. (9) "Project costs" means the estimated total projected expenditures and in-kind contributions for a conservation project including but not limited to the costs of engineering, constructing, and monitoring the project and the present value of the incremental change in costs for up to 20 years of operations and maintenance that would not be incurred or realized in the absence of the project. (10) “Water use subject to transfer” means a water use established by: (a) An adjudication under ORS Chapter 539 as evidenced by a court decree; (b) A water right certificate; (c) A water use permit for which a request for issuance of a water right certificate under ORS 537.250 has been received and approved by the Water Resources Commission under ORS 537.250; or (d) A transfer application for which an order approving the change has been issued under ORS 540.530 and for which proper proof of completion of the change has been filed with the Water Resources Commission. Statutory/Other Authority: ORS 536.025, 536.027 & 537.480 Statutes/Other Implemented: ORS 537.455 - 537.500 History: WRD 7-2004, f. & cert. ef. 11-5-04 WRD 15-1994, f. & cert. ef. 12-23-94 WRD 12-1990, f. & cert. ef. 8-8-90 WRD 19-1988, f. & cert. ef. 11-4-88
690-018-0025 District Requirements (1) Any district intending to seek allocations of conserved water pursuant to ORS 537.455 to 537.500 shall, after providing public notice and holding a public meeting, adopt a policy that at a minimum shall: (a) Describe how water saved by conservation measures will be allocated by the district; (b) Describe how the district will address the allocation of conserved water percentages under ORS 537.470; (c) Provide district patrons the opportunity to fund a share of the conservation project that is proportionate to the patron’s share of the water rights involved in the allocation of conserved water and to receive a corresponding share of the conserved water; (d) Provide district patrons an opportunity to petition for a vote by all district patrons on the policy pursuant to applicable statutes governing elections or recalls in the subject district; and (e) Provide district patrons an opportunity to appeal a proposed district conservation project to the district board of directors for failure to follow the district’s policy. (2) The adopted policy under section (1) of this rule shall be reviewed and updated by the board of directors of the district at least once every five years and may be reviewed and updated more frequently at the discretion of the board of directors of the district. Review and update of the adopted policy must comply with the process and provisions under section (1) of this rule. (3) This rule applies only to applications for allocations of conserved water filed by a district after November 5, 2004. This rule does not apply to applications for allocations of conserved water filed by individuals, including district patrons. (4) For the purposes of this rule, “district” means an irrigation district organized under ORS Chapter 545 or a water control district organized under ORS Chapter 553. Statutory/Other Authority: ORS 536.025, 536.027 & 537.480 Statutes/Other Implemented: ORS 537.455 - 537.500 History: WRD 7-2004, f. & cert. ef. 11-5-04
690-018-0080 Management of Conserved Water (1) The Department shall manage any conserved water allocated to instream use under the rules established to implement ORS 537.332 to 537.360 pertaining to instream water rights. (2) A conserved water right reserved instream for future out of stream use shall be managed to carry the water through the stream reach described in the order issued pursuant to OAR 690-018-0050. Any conserved water reserved instream shall maintain its priority date and will not be subject to abandonment under ORS 540.610 to 540.670. Statutory/Other Authority: ORS 536.025, 536.027 & 537.480 Statutes/Other Implemented: ORS 537.455 - 537.500 History: WRD 19-1988, f. & cert. ef. 11-4-88
690-018-0090 Change in Use of Conserved Water (1) Any person or agency entitled to the use of conserved water shall notify the Director of any change in the type of use, place of use or point of diversion. The notice must be submitted 60 days before the actual change and must include the information requested in OAR 690-018-0062(3)(a). (2) The Director shall approve a change in the type of use, place of use, or point of diversion for conserved water if: (a) The proposed new use is within the area described under OAR 690-018-0050(4)(h); (b) The proposed change would not constitute an expansion of the right; and (c) The approval is consistent with OAR 690-005-0045 (Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans). (3) A change in the dispensation of the use of a conserved water right may be initiated 60 days after the notice prescribed in section (1) of this rule if the Director takes no action within that period. (4) When a right to the use of conserved water is sold or given to an agency or political subdivision of the state or to a person: (a) The right shall become appurtenant to the premises upon which use is made; (b) A certificate of water right shall be issued upon satisfactory proof of use; and (c) Unless dedicated to instream use, the right shall be subject to the provisions of ORS 540.510 to 540.539, 540.572 to 540.578, and 540.610 to 540.670. (5) Upon approval of a change in the use or point of diversion proposed under this rule, the Director shall issue a new order to allow the new use of the conserved water. (6) Any changes in the type of use, place of use, or point of diversion that are not provided for under this rule shall only be made after compliance with the transfer rules in OAR 690, division 380. Statutory/Other Authority: ORS 536.025, 536.027 & 537.480 Statutes/Other Implemented: ORS 537.455 - 537.500 History: WRD 7-2004, f. & cert. ef. 11-5-04 WRD 15-1994, f. & cert. ef. 12-23-94 WRD 12-1990, f. & cert. ef. 8-8-90 WRD 19-1988, f. & cert. ef. 11-4-88
690-019-0010 Purpose of Rules (1) The following OARs apply to drought mitigation activities. The mitigation activities were authorized by the 1989 legislature, amended by the 1993 and 2001 legislatures, and are codified at ORS 536.700–536.780 "Emergency Water Shortage Powers." (2) These rules provide for action available to the Governor and the Water Resources Commission. They become operative only during extraordinary drought situations. Action within these rules is intended to mitigate problems which may develop during years when water supplies are inadequate. Statutory/Other Authority: ORS 536.720 - 536.780 Statutes/Other Implemented: ORS 536.720 - 536.780 History: WRD 6-2001, f. & cert. ef. 10-8-01 WRD 8-1994, f. & cert. ef. 8-2-94 WRD 7-1990, f. & cert. ef. 6-25-90
690-019-0020 Definitions The following definitions apply in OAR 690, division 19: (1) "Agreement" means a contractual arrangement specifying an understanding or arrangement for one party to temporarily make use of valid permit or water right held by another party. (2) "Commission" means the Water Resources Commission. (3) "Department" means the Water Resources Department. (4) "Director" means the Director of the Water Resources Department. (5) "Designated Drought Area" means a specific area within the state so designated by the Governor. (6) "Emergency Use Permit" means a temporary permit for use of water. (7) "Human Consumption" means the use of water for the purposes of drinking, cooking, and sanitation. (8) "Local Government" means any governmental entity authorized by the laws of this state. (9) "Option" means a contractual arrangement for a specified consideration for the use of a valid permit or water right. (10) "Political Subdivision" means any local government unit including a county, city, town, or district established under the laws of Oregon. (11) "Public corporation" means a corporation which operates subject to control by a local government entity or officers of a local government and which, at least in part, is organized to serve a public purpose of, and receives public funds or other support having monetary value, from such government. (12) "Scenic waterway flows" mean flows acknowledged by the Water Resources Commission pursuant to ORS 390.835. (13) "Temporary drought transfer" means a temporary change in use, change in place of use, or change in point of diversion authorized pursuant to ORS 536.750. Statutory/Other Authority: ORS 536.720 - 536.780 Statutes/Other Implemented: ORS 536.720 - 536.780 History: WRD 6-2001, f. & cert. ef. 10-8-01 WRD 3-2001(Temp), f. & cert. ef. 4-16-01 thru 10-12-01 WRD 8-1994, f. & cert. ef. 8-2-94 WRD 7-1990, f. & cert. ef. 6-25-90
690-019-0030 Duration of Drought Declaration (1) During the effective time period of a drought declaration under ORS 536.740 in accordance with these rules, the Commission or the Director may take the following actions: (a) Allow emergency water use under the terms of emergency use permits without first conducting a hearing under ORS 537.170; (b) Waive the notice requirements under 537.753 and the report required under ORS 537.762 pertaining to water well construction; (c) Allow a temporary exchange of water as allowed under ORS 540.533 without first giving notice as required under 540.535; (d) Grant preference of use for human consumption, and/or stock watering; or (e) Allow a temporary change in use, place of use or point of diversion of water under the terms of an emergency use permit without complying with the notice and waiting requirements under ORS 540.520. (2) Termination of a declaration of drought shall be by order of the Governor. Statutory/Other Authority: ORS 536.720 - 536.780 Statutes/Other Implemented: ORS 536.720 - 536.780 History: WRD 6-2001, f. & cert. ef. 10-8-01 WRD 8-1994, f. & cert. ef. 8-2-94 WRD 7-1990, f. & cert. ef. 6-25-90
690-019-0050 Incomplete Applications When an application does not contain all the information and supporting material required by the application form and these rules, the application shall be declared incomplete. The applicant shall be notified. Additionally, the application or a portion of the application may be returned to the applicant. A request for additional information will be made of the applicant who shall have 30 days to complete the application. If the applicant fails to complete the application within 30 days, the application shall be rejected. Statutory/Other Authority: ORS 536.720 - 536.780 Statutes/Other Implemented: ORS 536.720 - 536.780 History: WRD 8-1994, f. & cert. ef. 8-2-94 WRD 7-1990, f. & cert. ef. 6-25-90
690-019-0055 Temporary Drought Transfers (1) After the Governor declares that a severe, continuing drought exists, any person holding a water right permit, certificate, decree or claim to a right under ORS Chapter 539 who because of the effects of the drought is unable to use water, may apply to the Director for a temporary change in use, place of use, or point of diversion of water from another water use subject to transfer, or a claim to a right under ORS Chapter 539, without complying with the notice and waiting requirements of ORS 540.520. The Director shall approve such temporary drought transfer, with any appropriate conditions, including water use conservation, measurement and water curtailment measures, if: (a) The temporary drought transfer will not result in injury to an existing right; and (b) Total water use at the receiving location does not exceed the maximum rate and duty for the receiving location. (2) The full value of a right may be transferred. However, if a right proposed for transfer is for irrigation purposes and the transfer is made after the beginning of an irrigation season, only that portion of the right available for use during the rest of that irrigation season may be used at the new place of use. (3) A temporary drought transfer approved under this rule shall include a condition to require the Director may to revoke the temporary drought transfer order if injury to existing water rights is shown and cannot be mitigated to the satisfaction of the Director and injured parties. (4) The expiration date for the temporary drought transfer granted pursuant to this rule shall not exceed one year or the term of the Governor's declared drought, whichever is shorter, unless otherwise renewed pursuant to OAR 690-019-0085. (5) Public notice of a temporary drought transfer application or approval of such application shall be included in the Department’s weekly notice. Statutory/Other Authority: ORS 536.720 - 536.780 Statutes/Other Implemented: ORS 536.720 - 536.780 History: WRD 6-2001, f. & cert. ef. 10-8-01 WRD 3-2001(Temp), f. & cert. ef. 4-16-01 thru 10-12-01 WRD 8-2994, f. & cert. ef. 8-2-94