justicedao/ipfs_state_laws huggingface dataset:
690-382-0500 Fee Refunds If an applicant for a modification to change the point of appropriation abandons the original well identified in the claim according to well construction standards within one year of the Department's recognition of the modification, the applicant may request a refund of $100 of the fee paid under OAR 690-382-0400(18)(b). 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 33-2025, minor correction filed 12/20/2025, effective 12/20/2025 WRD 1-2009, f. & cert. ef. 6-18-09 WRD 5-2006, f. & cert. ef. 10-6-06
690-382-0600 Request for Comments (1) On receipt of an application for modification, the Department shall review the application to determine if the applicant has included the information required by OAR 690-382-0400. (2) If the Department determines that the application does not include the required information, 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, 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 690-382-0400(14). (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, 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 1-2012, f. 1-31-12, cert. ef. 2-1-12 WRD 5-2006, f. & cert. ef. 10-6-06
690-382-0900 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 690-382-0800, whichever is later, any person may file, jointly or severally, with the Department, a protest or standing statement. (2) A person filing a protest 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 690-382-0800(3) to the Department prior to or concurrent with the filing of the protest. (4) Each person submitting a protest must 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 690-382-0100(8) 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, 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
690-382-1000 Recognition of Modifications (1) An application for modification of a certificate of registration shall be recognized if the Department determines that: (a) The proposed modification would not result in enlargement as defined in OAR 690-382-0100(2); (b) The proposed modification would not result in a state Scenic Waterway receiving less water than previously available during periods in which streamflows are less than the quantities determined by the Department to be necessary to meet the requirements of ORS 390.835; (c) The proposed modification would not result in injury as defined in OAR 690-382-0100(3); and (d) Any other requirements for modification of the certificate of registration are met. (2) Except as otherwise provided in OAR 690-382-0800(7), the Department shall issue a final order consistent with the preliminary determination described in 690-382-0700 if no protests are received under 690-382-0900. (3) Issuance of the final order recognizing changes in character of use or place of use shall terminate the right to use water for the character of use or place of use under the original certificate of registration or a previously recognized modification of a registration. (4) The order recognizing a modification of a certificate of registration may not be construed as a final determination of the right to appropriate ground water under the registration or modification. Such a determination will occur in an adjudication proceeding under ORS 537.670 to 537.695. (5) A copy of the final order and all supporting documentation will be filed with the original request for registration and made available at the time of adjudication under ORS 537.670 to 537.695. 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
690-382-1100 Hearings (1) If a protest is filed under OAR 690-382-0900, the Department shall, within 60 days after the close of the period for receiving protests, determine whether to: (a) Issue a final order that is consistent with the preliminary determination described in OAR 690-382-0700; (b) Issue a final order that is not consistent with the preliminary determination described in OAR 690-382-0700 that addresses any significant disputes raised in the protest; or (c) Schedule a contested case hearing to resolve any significant disputes raised in the protest. (2) Notice and conduct of the hearing shall 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 and persons who filed a protest stipulate otherwise. 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
690-382-1200 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 certificate of registration modifications except as specified in OAR 690-005-0025 and 690-380-0070(13). (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 certificate modification 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 690-382-0800. 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
690-385-0010 Purpose (1) The rules in chapter 690, division 385 establish requirements and procedures that shall be used by the Department to evaluate an application to temporarily or permanently change a water use subject to transfer managed by a district pursuant to ORS 540.570 and 540.580. (2) The rules in chapter 690, division 385 also describe the process by which a district may submit an application to permanently change the place of use of water managed by the district from lands within the district which are no longer irrigated or susceptible to irrigation to other lands within the district pursuant to ORS 540.572 through 540.578. (3) Water right transfers by districts and other water users that do not fall under the purview of the rules described by chapter 690, division 385 may be made pursuant to ORS 540.510 to 540.532 and OAR 690, division 380. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510, 540.570, 540.572 - 540.578 & 540.580 History: Renumbered from 690-021-0000, WRD 9-2004, f. & cert. ef. 11-16-04 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 1-1993, f. & cert. ef. 2-3-93
690-385-2000 Standard Requirements for Application for Transfer (1) Each application shall be prepared in ink or typewritten on forms acceptable to the Department, or in a digital format acceptable to the Department. Applications shall contain the following information about the primary water right and any appurtenant supplemental water right or permit, if applicable: (a) District’s name, mailing address, and telephone number. (b) Type of change(s) proposed. (c) Name(s) appearing on permit, certificate, decree or proof of appropriation. (d) Name(s) of decree and certificate number, if applicable. (e) Certificate number and Permit number, if applicable. (f) Source(s) of water (from permit, decree or certificate). (g) Date(s) of priority. (h) The authorized existing use of water. (i) The existing points of diversion or points of appropriation located accurately in reference to a public land survey corner. (j) The authorized place of use identified by its location within the public land survey, tax lot number, and name of each user, by parcel. (k) The proposed place of use identified by its location within the public land survey, tax lot number, and name of each user, by parcel. (l) A map as required in OAR 690-385-2200. (m) A statement by the district manager or the district’s authorized representative that the right has not been forfeited under ORS 540.610 due to nonuse. (n) A statement that each user affected by the transfer has provided written authorization for the transfer and such authorization is on file with the district. (o) A statement by the district manager or the district’s authorized representative certifying that the information contained in the application and map is true and accurate. (p) The signature of the district manager or the district’s authorized representative. (q) The appropriate fee as required under ORS 536.050. (2) The application shall include any additional application requirements necessary to satisfy the specific transfer criteria for the type of transfer the applicant proposes as described in OAR 690-385-3000 (District Temporary Transfers), 690-385-4000 (District Permanent Transfers), and 690-385-5000 (District Permanent Transfers of Water Right for Nonuse). Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.570, 540.572 - 540.578 & 540.580 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-3000 District Temporary Transfer Criteria Renumbered from 690-021-0020 (1) Pursuant to ORS 540.570, the Department may approve a district temporary transfer application for a period of time not to exceed one irrigation season provided: (a) The district has a manager; (b) The application does not propose to change the type of use except for a right to store water under OAR 690-385-3120 or change a primary right to a supplemental right under OAR 690-385-3130; (c) The district has, prior to submitting the application, reviewed and approved a request by a user or a user’s agent to temporarily transfer the use of water to different locations elsewhere within the boundaries of the district; (d) The proposed transfer involves the use of water on lands located within the district boundaries; (e) The proposed transfer will not result in injury or enlargement; and (f) The land from which water is transferred does not receive water under the water use subject to transfer during the irrigation season in which the change in place of use occurs. (2) A district may allow proposed changes to occur upon submission of a district temporary transfer application to the Department. (3) The Department, may at any time upon determining a change allowed by a district under section (2) of this rule or a final order under OAR 690-385-3500 results in injury to an existing water right: (a) Impose conditions to avoid injury; or (b) Reject or revoke the change. (4) Pursuant to ORS 536.900, a district and user may be subject to civil penalties for allowing the use of water on both the land from which water is transferred, and the lands to which the water is transferred, during the same irrigation season or calendar year. (5) All uses for which a temporary transfer is approved shall revert 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 a district. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.570 History: Renumbered from 690-021-0020, WRD 9-2004, f. & cert. ef. 11-16-04 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 1-1993, f. & cert. ef. 2-3-93
690-385-3100 Types of District Temporary Transfers District temporary transfers include: (1) A change in place of use; (2) A change in type of use of a water right to store water; (3) A change in type of use from a primary right to a supplemental right; (4) A change in point of diversion or appropriation to facilitate a change in place of use; (5) A change in point of diversion in response to an emergency; and (6) A change from a surface water point of diversion to a ground water appropriation. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.570 History: WRD 2-2007, f. & cert. ef. 1-5-07 Renumbered from 690-021-0030, WRD 9-2004, f. & cert. ef. 11-16-04 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 1-1993, f. & cert. ef. 2-3-93
690-385-3110 Temporary Change in Place of Use (1) A change in place of use may be made as approved by the Department. (2) When an application for a temporary change in place of use for a primary water right is submitted according to OAR 690-385-3200, the district also shall identify whether the lands described in the application have an appurtenant supplemental water right or permit. (3) The district also shall apply to temporarily transfer the appurtenant supplemental water right or permit unless the district specifies that the supplemental water right or permit is to remain unexercised at the place of use as described in the original water right during the period of the temporary transfer. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.570 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-3120 Temporary Change in Type of Use of a Water Right to Store Water A change in the type of use of a water right to store water (reservoir right) may be made provided: (1) The district receives the written consent of the operator of the reservoir; and (2) The district is a lessor or co-lessor in a proposed instream lease pursuant to OAR 690-077-0077. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.570 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-3130 Temporary Change in Type of Use from a Primary Right to a Supplemental Right (1) A district may apply to change a primary right to a supplemental right. The use of water on the lands covered by a right temporarily diminished to supplemental is restricted to the total rate and duty described by the primary right. (2) The right temporarily diminished to supplemental may be used only to the extent of any supply deficiency for the primary right. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.570 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-3140 Temporary Change in Point of Diversion or Appropriation (1) As provided in ORS 540.570, a temporary change in point of diversion or appropriation may be made in combination with, or as necessary to facilitate, a change in place of use. (2) A change in point of diversion is restricted to the same source of surface water. A change in point of appropriation is restricted to the same aquifer. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.570 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-3145 Temporary Change in Point of Diversion in Response to an Emergency (1) As provided in ORS 540.570, a temporary change in point of diversion may be made in response to an emergency as defined in OAR 690-385-0100(19). (2) A temporary change in point of diversion is restricted to the same source of surface water or to ground water from an unconfined aquifer that is hydraulically connected to the same source of surface water pursuant to OAR 690-385-3150, and shall be limited to diverting no more than the quantity of water available for diversion from the surface water source at the original point of diversion. (3) Pursuant to OAR 690-385-3000(1), a district may submit and the Department may approve an application for a temporary change in point of diversion in response to an emergency for a period of time not to exceed one irrigation season. (4) If more than one irrigation season is necessary to correct the emergency under OAR 690-385-0100(19), a district shall submit an application for a temporary change in point of diversion for the succeeding irrigation season. (5) Under this rule, a district may be limited to filing no more than two temporary transfer applications, for successive irrigation seasons, in response to the same emergency. (6) An applicant shall not divert water from a temporary change in point of diversion in response to an emergency prior to: (a) Submitting a complete application as required under OAR 690-385-3200(3)(a)(C) that lists the agencies and governments and contact names with whom the applicant has notified and consulted; and (b) Consulting with applicable state agencies such as ODFW and DSL, and applicable local governments and tribal governments about the temporary change in point of diversion. (7) The Department shall consult with ODFW to determine whether a fish screen device is necessary for the diversion pursuant to OAR 690-385-3520. (8) Pursuant to OAR 690-385-3500, a final order approving a temporary change in point of diversion in response to an emergency may include any conditions or restrictions necessary to prevent injury to another water right. (9) If the proposed transfer affects an instream water right, the Department shall develop any conditions or restrictions necessary to prevent injury to the instream water right in consultation with the state agency that has management responsibility for the resources protected by the instream water right. (10) The Department, may at any time upon determining a temporary change in point of diversion results in injury to an existing water right: (a) Impose conditions to prevent injury; or (b) Reject or revoke the change. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.570 History: WRD 2-2007, f. & cert. ef. 1-5-07
690-385-3200 District Temporary Transfer Applications (1) Each district temporary transfer application shall contain the standard information required by OAR 690-385-2000. (2) Pursuant to ORS 540.570(3), a district temporary transfer application shall include a statement certifying the district notified each affected user that the Department may condition or revoke a district temporary transfer, at any time, upon determining the change results in injury to an existing water right. (3) In addition to the standard application information required under OAR 690-385-2000, temporary district transfer applications shall include the following information: (a) For a change in point of diversion or appropriation, or a change from surface water point of diversion to ground water appropriation, the application shall include: (A) The existing and proposed points of diversion or points of appropriation located accurately in reference to a public land survey corner. (B) If the request is for a change in point of appropriation, or a change in point of diversion to a ground water appropriation (well), copies of water well reports for the authorized and proposed point of appropriation. Each water well report shall be labeled to correctly identify and locate the well, and identify the well report as either the authorized or proposed point of appropriation. If water well reports are not available, a description of the construction of each well, including but not limited to, well depth, static water level, casing size, and any other necessary information to establish the groundwater body developed or proposed to be developed. (C) If the request is for a change in point of diversion in response to an emergency, a listing of agencies, local and tribal governments, and the applicable contact names with whom the applicant has consulted about the change in point of diversion. (b) For a change in type of use from a primary right to a supplemental right, the application shall identify the change from primary to supplemental for the applicable authorized and proposed place of use by its location within the public land survey, tax lot number, and the name of each user. (c) For a change in type of use of a water right to store water, the application shall include: (A) Written consent to the change in type of use from the operator of the reservoir; and (B) If the water right to store water is issued in the name of a federal governmental agency, include written consent from the agency to the change in type of use. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 536.050, 540.570 & 540.574 History: WRD 2-2007, f. & cert. ef. 1-5-07 Renumbered from 690-021-0040, WRD 9-2004, f. & cert. ef. 11-16-04 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 1-1993, f. & cert. ef. 2-3-93
690-385-3300 District Temporary Transfer Application Map Requirements (1) A temporary district transfer application map shall meet the standards of OAR 690-385-2200. (2) In addition, for the following transfers, the application map shall include: (a) For a change from a surface water point of diversion to a ground water appropriation, if the proposed point of appropriation is intended to serve the entire right of record, a copy of the existing final proof survey or approved ORS 541.329 (House Bill 3111) map for the right of record may be submitted to satisfy this requirement. If the proposed point of appropriation is not intended to serve the entire right of record, the specific lands to be served shall be identified and the number of acres to be served by the new point of appropriation shall be listed. (b) For a change in type of use from primary right to supplemental right, the location of the authorized and proposed place of use of the water. If the use is for irrigation, nursery use, cranberry use, or other similar uses, the place of use indicated on the map shall be uniquely shaded or hachured to clearly identify affected lands, and shall show the number of acres in each quarter-quarter section, government lot, or quarter-quarter section as projected within government lots, donation land claims, or other recognized public land survey subdivisions. (c) For a change in type of use of a water right to store water, a copy of the final proof map for the water right subject to transfer. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.570 History: Renumbered from 690-021-0050, WRD 9-2004, f. & cert. ef. 11-16-04 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 1-1993, f. & cert. ef. 2-3-93