justicedao/ipfs_state_laws huggingface dataset:
690-325-0010 Purpose The rules in OAR chapter 690, division 325 establish requirements and procedures that shall be used by the Department to evaluate an application by a landowner of record holding a water right permit for irrigation, nursery, temperature control, stock watering or agricultural water use, to assign all or part of the water right permit and to issue a replacement permit to reflect an assignment from the current permit holder to one or more additional permit holders. These rules do not replace OAR chapter 690-320-0060. Statutes/Other Implemented: ORS 537.225 History: WRD 4-2014, f. & cert. ef. 11-25-14
690-325-0020 Applicability (1) The Department can only accept an application for assignment and request for issuance of replacement permits to reflect the assignment where the original water right is for irrigation, nursery, temperature control, stock watering or agricultural water use. (2) The Department may not accept an application for assignment and request for issuance of replacement permits under the rules in OAR chapter 690, division 325 for municipal permits, quasi-municipal permits, or water right permits held by a unit of local government, including but not limited to water right permits held by a port, water authority, or a district. (3) Any water right permit for the use(s) of irrigation, nursery, temperature control, stock watering, or agricultural purposes, with a completion date that has expired may not be assigned pursuant to ORS 537.225 or by the rules in OAR Chapter 690, division 325. Statutes/Other Implemented: ORS 537.225 History: WRD 4-2014, f. & cert. ef. 11-25-14
690-325-0030 Definitions The definitions in this rule, along with the definitions in OAR 690-300-0010 (Definitions) and OAR 690-380-0100 (Water Right Transfers), apply to the rules in OAR chapter 690, division 325. Where a term is defined in more than one rule, the definition in this rule applies. (1) “Enlargement” means an expansion of a water right permit and includes, but is not limited to: (a) Using a greater rate or duty of water per acre than currently allowed under a permit; (b) Increasing the acreage irrigated under a permit; (2) “District” means an irrigation district formed under ORS Chapter 545, a drainage district formed under Chapter 547, a water improvement district formed under Chapter 552, a water control district formed under Chapter 553 or a corporation organized under Chapter 554. (3) “Injury” or “Injury to an existing water right” means a water right transaction that would result in another, existing water right not receiving previously available water to which it is legally entitled. (4) “Unit of local government” includes a county, city, district or other public corporation, commission, authority or entity organized and existing under statute or city or county charter. Statutes/Other Implemented: ORS 537.225 History: WRD 4-2014, f. & cert. ef. 11-25-14
690-325-0040 Application Requirements (1) Each application shall be prepared in ink or typewritten on forms provided by the Department. (2) The application shall contain the following information concerning the subject water right permit and assignment: (a) The name, mailing address, e-mail address (if it exists), and telephone number of each applicant. Each applicant’s name shall have an assigned alphabet letter or number that corresponds with the application map as required under OAR 690-325-0050(2)(e). (b) Name(s) appearing on the water right permit. (c) Water Right Permit number. (d) Water Right Permit use. Must be one or more of the following uses approved for assignment under OAR 690-325-0010: irrigation, nursery, temperature control, stock watering or agricultural water use. (e) A map meeting the criteria set forth in OAR 690-325-0050. (f) A copy of the recorded deed showing the applicant is an owner of the land to which the water right permit is appurtenant. (g) An affidavit certifying that the water right permit has not been conveyed or withheld, and remains appurtenant to the applicant’s land and also certifying that the applicant has read the permit. (h) A statement by the applicant that the most recent water use under the applicant’s portion of the water right permit, if any, has been exercised within relevant terms and conditions of the permit. (i) Agreements to the assignment and to the request of replacement water right permits submitted jointly or individually by all owners of the land to which the water right is appurtenant; or an assignment of interest and request for the issuance of replacement water right permits by one or more of the owners of land to which the water right permit is appurtenant and information identifying other landowners not participating in the assignment and request for issuance of replacement water right permit. Such information shall include: (A) Landowner(s) name; (B) Address; (C) Description of the properties by public land survey and tax lot number. (D) Number of acres and permit rate held by each landowner. (j) A listing of the names and mailing addresses of any district within which the water right permit is located. (k) The Department may require the applicant to provide any additional information the department deems appropriate in determining whether or not to approve the application. Statutes/Other Implemented: ORS 537.225 History: WRD 4-2014, f. & cert. ef. 11-25-14
690-325-0060 Receipt of Application; Fees (1) The applicant is required to pay the Water Resources Department the full cost to the Department of processing the application. (2) Within 15 days upon receipt of an application containing all the requirements described under OAR 690-325-0040 and 690-325-0050, the Department shall estimate the actual cost of work involved in processing the application. (3) The Department shall notify the applicant of the estimate of the actual cost of work and provide a time period of: (a) 30 days for the applicant to submit the appropriate fees covering the estimated actual cost of work, or (b) Upon a written or e-mailed request from the applicant, a reasonable time period greater than 30 days to submit the appropriate fees. (4) If the Department does not receive the appropriate fees after the expiration of the appropriate time period described in OAR 690-325-0060(3), the Department will send notice to the applicant that if the fees are not received by the Department within 10 days of the mailing of this notice, the Department will consider the application incomplete and will notify the applicant that the application is not properly filed and that the application will be of no further force or effect. (5) All required fees must be received before the final assignment is made and replacement water right permits reflecting the assignment are issued. Excess fees will be returned after the final order is issued. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.225 & ORS 536.050 History: WRD 30-2025, minor correction filed 12/19/2025, effective 12/19/2025 WRD 4-2014, f. & cert. ef. 11-25-14
690-325-0070 Technical Review and Issuance of Draft Documents (1) The Department’s technical review of the application shall include: (a) Verification of the mailing address of each owner of the authorized place of use identified on the map contained in the application. (b) Verification that the deed(s) supplied with the application matches the properties proposed for the assignments. (c) Verification that the most recent water use under the permit, if any, has been exercised within relevant terms and conditions of the water right permit. (d) Assessment of the application for enlargement of the original water right permit and injury to other water right holders. (2) Once the technical review described in OAR 690-325-0070(1) has been completed, the Department shall: (a) Prepare a draft proposed final order to approve the application. The draft proposed final order shall include finding(s) that the Department has found that the proposed replacement water right permits will not result in the enlargement of the original water right permit nor injury to other water right holders and that the water right permit has been exercised by the applicant in compliance within the terms and conditions of the water right permit, or (b) Prepare a draft proposed final order to deny the application. The draft proposed final order shall include finding(s) that the Department has found that the proposed replacement water right permits will result in the enlargement of the original permit and/or injury to other water right holders and/or that the water right permit has not been exercised by the applicant in compliance within its terms and conditions. (c) Prepare drafts of the replacement water right permits if a draft proposed final order to approve the application under OAR 690-325-0070(2)(a) is prepared. (3) Within 30 days after the appropriate fees have been received, the Department shall mail, or with consent of the applicant, send by electronic means, copies of the application, map, existing water right permit, draft proposed final order, and, if the requirement under OAR 690-325-0070(2)(a) is satisfied, draft replacement water right permits, to each owner of land upon which the water right permit is appurtenant. Statutes/Other Implemented: ORS 537.225 History: WRD 4-2014, f. & cert. ef. 11-25-14
690-325-0080 Public Notice and Request for Comments (1) Within ten days of proceeding with the application under OAR 690-325-0070(3), the Department shall give notice of the application in the weekly notice published by the Department. The notice shall include a request for comments on the application, the date by which the comments must be received by the Department, information about how an interested person may view or obtain future notices about the application and a copy of the proposed final order and information about how an interested person may review the application or obtain a copy of the application. (2) The notice shall include the following information about the application: (a) County of water use. (b) Permit number. (c) Authorized use and associated rate and/or duty. (d) Permit Completion Date. (e) Applicant name(s). (f) Number of acres, rate (or applicable acre-feet allowances), allowed under the existing water right permit. (g) Source(s). (h) Location of the point(s) of diversion/appropriation by quarter-quarter, section, township and range. (3) Within 30 days after the public notice under OAR 690-325-0080(1), any record landowner, applicant, assignee, affected water right permit holder, or other person interested in the application may submit written comments or request copies of the documents described in OAR 690-325-0070(3). All comments and requests for copies must be received by the Department on or before 5 p.m. on the last day of the 30-day comment period. Statutes/Other Implemented: ORS 537.225 History: WRD 4-2014, f. & cert. ef. 11-25-14
690-325-0090 Proposed Final Order; Public Notice (1) Within 30 days after the comment period closes under OAR 690-325-0080(3), the Department shall issue a proposed final order either approving or denying the application, taking into account comments received in response to the notice under 690-325-0080. (2) The Department shall send copies of the proposed final order to each owner of land described in OAR 690-325-0070(3) by mail, or, with the consent of the applicant, send by electronic means, and to each person who submitted comments under 690-325-0080(3). (3) Within seven days of issuance of the proposed final order, the Department shall publish notice of the proposed final order by publication in the weekly notice published by the Department. The notice shall give the date that protests must be received by the Department, no later than 45 days after the date the notice is published. Statutes/Other Implemented: ORS 537.225 History: WRD 4-2014, f. & cert. ef. 11-25-14
690-325-0100 Protests (1) A record landowner, an applicant, an assignee, an affected water right permit holder or other interested person may protest a Water Resources Department proposed final order for a water right permit assignment under ORS 537.225. The protest must be in writing and received by the Department within the time provided under OAR 690-325-0090(3). The protest must be accompanied by the protest fee required under ORS 536.050 and include: (a) The name, address, and telephone number of the person filing the protest; and (b) A detailed explanation of why the proposed order does not conform with the criteria for a water right permit assignment and a description of the changes to the order that are necessary to correct the nonconformity. (2) A protest must identify all issues the person wishes to raise that are reasonably ascertainable at the time the protest is filed. The issues must directly pertain to whether the proposed replacement water right permits are authorized under and in conformance with ORS 537.225. (3) If a protest is properly filed, the Department may work with the applicant and the person filing the protest to determine whether the issues raised by the protest can be resolved informally. The Department may: (a) Reissue a proposed final order; (b) Issue a final order; or (c) Refer the matter for a contested case hearing. (4) If the Department is unable to resolve the issues informally and refers the matter for a contested case hearing, the issues properly before the administrative law judge are limited to whether the proposed replacement water right permits are authorized under and in conformance with ORS 537.225. Any unraised issue that was reasonably ascertainable at the time the protest was filed and any argument not raised in the protest with sufficient specificity to afford the Department an opportunity for response is not subject to review at the contested case hearing. (5) Notwithstanding ORS 183.310, the parties to a contested case hearing held under this section are limited to: (a) The applicant for the water right permit assignment; and (b) Persons that timely filed a protest against the proposed order under (OAR 690-325-0090(3). Statutes/Other Implemented: ORS 537.227 History: WRD 4-2014, f. & cert. ef. 11-25-14
690-325-0110 Final Order and Replacement Water Right Permits (1) Within 30 days of the end of the protest period described in OAR 690-325-0090(3) and if no protests were received, an application for assignments and issuance of replacement water right permits shall be approved by final order of the Department. The final order approving the assignment shall contain: (a) Findings that the assignment and issuance of replacement water right permits do not enlarge the permit as defined in OAR 690-325-0030(1); (b) Findings that the assignment and issuance of replacement water right permits do not injure other water rights as defined in OAR 690-325-0030(3). (c) Findings that all other requirements for assignments and issuance of replacement water right permits are met, including, but not limited to the completion date of the water right permit. (2) The replacement water right permits shall: (a) Include the same conditions as the replaced water right permit, including, but not limited to priority date, source of water, and type of use; (b) Identify the land to which the replacement water right permit is appurtenant and the owner(s) of that land; (c) Apportion the rate and, if applicable, the duty, or, if applicable, the acre-foot allowance in proportion to the amount of land to which the replacement water right permits are appurtenant. (3) The replacement water right permits shall not: (a) Authorize any change to the authorized point(s) of diversion or appropriation, including the addition of a point of diversion or appropriation, and (b) Authorize any change to the authorized place of use outside of its original perimeters as exhibited on the original water right application map or approved permit amendment application map. Statutes/Other Implemented: ORS 537.225 History: WRD 4-2014, f. & cert. ef. 11-25-14
690-330-0010 Proof of Appropriation (1) ORS 537.250(1) and 537.630(3) prescribe that the Director shall issue a certificate of water right upon satisfactory proof of appropriation. Satisfactory proof shall be following: (a) A determination by the Department that appropriation of water to beneficial use under the terms of the permit has been accomplished to the extent authorized; (b) A determination by the Department that appropriation of water to a beneficial use under the terms of the permit was accomplished to an extent less than authorized shall constitute proof for that portion of the appropriation. (2) If the Department determines that proof has been made to an extent different from or less than that granted by the permit, a proposed certificate of water right shall be prepared. The proposed certificate shall describe the right determined completed under the provisions of the permit. The proposed certificate shall be sent by first class mail to the permittee at the last known address, or with the consent of the recipient, by electronic means together with notice that the permittee or 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 permittee pursuant to ORS 537.250(1) or 537.630(4). (3) If the Department determines that proof has been made on the full extent granted by the permit, a certificate may be issued without the necessity of a proposed certificate. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 536.220, 536.300, 536.310, 537.250, 537.338, 537.356 - 537.358, 537.630, 540 & 543 History: WRD 1-2012, f. 1-31-12, cert. ef. 2-1-12 WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-011-0225 WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-011-0110 WRD 16-1990, f. & cert. ef. 8-23-90 WRD 6-1987, f. & ef. 6-11-87
690-330-0020 Request for Reconsideration of the Contents of a Proposed Certificate (1) A request for reconsideration of the contents of a proposed certificate may be prepared by the permittee or landowner and submitted to the Department. The requests shall describe any disagreement with the contents of the proposed certificate. (2) The request for reconsideration may be in the form of a phone call or personal contact, unless the disagreement proposes a change to any of the following: (a) The source of water; (b) The purpose for which the water is used; (c) The quantity of water; (d) The location of the points of diversion; (e) The location of the use; (f) The extent of the use; and (g) Any conditions imposed upon the use. (3) If the disagreement results in a change to any item listed in subsections (2)(a) through (g) of this rule, the request for reconsideration shall be completed in writing. The request 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. (4) The Director may allow reasonable time beyond the time limit set under OAR 690-330-0010(2) for a permittee or landowner to complete and submit a written request for reconsideration. (5) Upon receipt of a request for reconsideration, the Director shall: (a) Approve the request without verification and issue a certificate with the changes included; (b) Schedule field verification of the requested changes; or (c) Deny the request by letter from Department staff to the requesting party. (6) If field verification is scheduled, a new proposed certificate shall be prepared and sent as prescribed by OAR 690-330-0010. (7) A request for reconsideration resulting from section (6) of this rule shall be approved or denied. If denied, the denial shall be in the form of 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 536.220, 536.300, 536.310, 537.250, 537.338, 537.356 - 537.358, 537.630, 540 & 543 History: WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-011-0230 WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-011-0120 WRD 16-1990, f. & cert. ef. 8-23-90
690-330-0030 Temperature Control Where a permit has been issued for use of water for temperature control (either heat or cold), a report detailing the amount of water used, the times of application and conditions requiring the use of water for temperature control shall be required annually. These shall be required as an element of proof of appropriation to the satisfaction of the Department prior to issuance of a confirming water right certificate. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.170, 537.250, 537.525 & 537.630 History: WRD 1-1996, f. & cert. ef. 1-31-96
690-330-0040 Primary and Supplemental Rights (1) Cancellation of primary rights: (a) A notice given pursuant to ORS 540.631 for the proposed cancellation of a primary water right for irrigation of certain lands shall include notice of the proposed cancellation of any supplemental water right for irrigation of the same lands; (b) If the primary right is determined to have been forfeited by non-use and the supplemental right is not determined also to have been forfeited by non-use, the owner of the land to which the right is appurtenant may apply to transfer the supplemental right, without loss of priority, to become the primary right. (2) Diminution of a water right: A primary right may, at the request of the owner of the right, be diminished to a supplemental status to allow for a new primary right application from a more dependable source of water. (3) Supplemental rights: Where more than one right exists, water shall be used from the primary source so long as there is sufficient quantity to satisfy the terms of the permit or certificate. Nevertheless, if requested by the applicant, a permit may be issued which describes a surface water source as supplemental to a groundwater right and shall provide that, in the interest of conserving the groundwater supplies, the supplemental right may be exercised at time when water is available from the surface water supply. Statutory/Other Authority: ORS 536.025 Statutes/Other Implemented: ORS 540.610 - 540.650 History: WRD 1-1996, f. & cert. ef. 1-31-96