justicedao/ipfs_state_laws huggingface dataset:
690-340-0020 Ponds in Existence Prior to January 1, 1993 (HB 2153, 1993) (1) A landowner with an unpermitted reservoir constructed before January 1, 1993 may apply for a water right permit and continue the use of water while a decision is pending on the application. The water right application, if approved in accordance with OAR 690-011-0155 through 690-011-0185 (dated 4-13-94), will receive a priority date of January 1, 1993. In order to qualify for these benefits, an application must be filed on or before January 1, 1995. In addition to the information and fees required under OAR 690-011-0020 and 690-011-0040 (dated 4-13-94), an application shall also be accompanied by evidence that the reservoir existed before January 1, 1993. Such evidence may include: (a) A dated aerial photograph which shows the immediate area above, below and surrounding the reservoir; (b) An affidavit signed by the landowner or other knowledgeable person; (c) A dated map prepared by a local, state or federal agency showing the location of the reservoir; or (d) Construction receipts or other forms of documentation. (2) Notwithstanding the requirements for a survey set forth in ORS 537.230, no survey of the appropriation is required for a reservoir storing less than 9.2 acre feet or with a dam less than 10 feet in height. Maps submitted with the application shall be of sufficient quality and scale to establish the location of the reservoir to the nearest quarter-quarter section, township and range. (3) Up to 10 reservoirs may be included in a single application if the reservoirs existed prior to January 1, 1993; have dams that are less than 10 feet in height or that store less than 9.2 acre-feet of water; are in the same drainage basin; and within the same ownership on contiguous property. For a rural fire protection district formed under ORS 478.010 or a forest protection district formed under ORS 477.225, up to 10 reservoirs may be included in a single application if all the reservoirs are within the boundaries of the district; are within the same drainage basin; and are an element of the district’s fire protection system. (4) A water right certificate under ORS 537.250 may be issued in lieu of a permit if: (a) The reservoir existed before January 1, 1993; (b) The records of the Department provide satisfactory documentation to describe the location and volume of storage; (c) Modifications or alterations to the impoundment structure are not required; and (d) The Commission determines under section (1) of this rule that the reservoir would qualify for issuance of a permit. Statutory/Other Authority: ORS 536.027, 595 & 654 Statutes/Other Implemented: ORS 595, OL 1993 & ORS 537.405 - 537.409 History: WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-011-0041 WRD 5-1994, f. & cert. ef. 4-13-94
690-350-0110 Artificial Groundwater Recharge (AR) Definitions The following definitions apply to artificial groundwater recharge in OAR 690, division 350, Rules 0110 to 0130: (1) “Artificial Groundwater Recharge” means the intentional addition of water diverted from another source to a groundwater reservoir. (Applications to obtain permits for artificial groundwater recharge uses submitted pursuant to OAR 690-350-0110 to 690-350-0130 are not subject to provisions governing aquifer storage and recovery projects or programs pursuant to OAR 690-350-0010 to 690-350-0030.) (2) “Commission” means the Water Resources Commission. (3) “Department” means the Water Resources Department. (4) “Director” means the Director of the Department. (5) “Groundwater Reservoir” means a designated body of standing or moving groundwater as defined in ORS 537.515(5). (6) “Recharge Permit” means a permit for the appropriation of water for the purpose of artificial groundwater recharge. (7) “Secondary Groundwater Permit” means a permit for the appropriation of groundwater which was stored through the exercise of a recharge permit or certificate. (8) “Stored Recharge Water” means groundwater which results from artificial groundwater recharge. (9) “Storage Account” means a net volume of artificially recharged groundwater which is calculated for a single recharge activity from a formula specified in a single recharge permit which records additions to a groundwater reservoir by artificial recharge and depletions from a groundwater reservoir by pumping and natural losses. (10) “Surplus Waters” means all waters in excess of those needed to satisfy current existing rights and minimum streamflows established by the Commission. Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338, 537.356 - 537.358, 540 & 543 Statutes/Other Implemented: ORS 537.135 History: WRD 2-1996, f. & cert. ef. 2-12-96
690-380-0090 Applicability The rules in OAR 690, division 380 shall apply to all applications received by the Department after July 1, 2003 and all transfers for which a final order has not been issued by the Department by July 1, 2003 except as follows: (1) Until July 1, 2003, the Department shall accept applications that conform to the requirements of either OAR 690-380-3000 or 690-015-0060 as adopted by the Commission in June 1996. (2) Notice of receipt of an application pursuant to OAR 690-380-4000(3) shall not be required if notice of the application has previously been published in the Department's weekly notice pursuant to OAR 690-015-0080(1) as adopted by the Commission in June 1996. (3) Until July 1, 2003 or if protests are filed during the period described in OAR 690-015-0080 as adopted by the Commission in June 1996, at the discretion of the Director, the Department may: (a) Prepare a preliminary determination and initiate the procedures described under OAR 690-380-4010 to 690-380-4200; or (b) Issue a final order pursuant to OAR 690, division 15 as adopted by the Commission in June 1996. (4) If affidavits are filed pursuant to OAR 690-017-0400, at the discretion of the Director, the Department may: (a) Prepare a preliminary determination and initiate the procedures described under OAR 690-380-4010 to 690-380-4200; or (b) Initiate cancellation proceedings under OAR 690, division 17. (5) The Department shall provide notice of any preliminary determination by publication in the Department's weekly notice, but shall not require newspaper notice pursuant to OAR 690-380-4020(1)(b) if newspaper notice has previously been published pursuant to OAR 690-015-0080(1) as adopted by the Commission in June 1996. (6) The Department shall not apply OAR 690-380-4010(5) to applications filed prior to January 1, 2005, if a lot book report or a report of ownership information was included with the application. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.532 History: WRD 1-2009, f. & cert. ef. 6-18-09 WRD 8-2004, f. & cert. ef. 11-5-04 WRD 2-2003, f & cert. ef. 5-1-03
690-380-2000 Types of Permanent Transfers Permanent water right transfers include: (1) A change in the point of diversion or appropriation pursuant to OAR 690-380-2110, 690-380-2120 and 690-380-2130; (2) A change in the place of use pursuant to OAR 690-380-2200, 690-380-2250, and 690-380-2260; (3) A change in the character of use pursuant to OAR 690-380-2300; 690-380-2320, 690-380-2330, and 690-380-2340; and (4) A change involving municipal water rights pursuant to OAR 690-380-2410, 690-380-2420, and 690-380-2430. 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
690-380-2110 Change in Point of Diversion or Point of Appropriation (1) No change in point of diversion or appropriation may be made except as described under OAR 690-380-0010 or as approved or recognized by the Department through a water right transfer, permit amendment under ORS 537.211, or certificate of registration modification under OAR chapter 690, division 382. (2) Except as provided in ORS 540.531 and OAR 690-380-2130, a change in point of diversion is restricted to the same source of surface water. A change in point of appropriation under a water right or certificate of registration modification is restricted to the same aquifer. (3) As provided in ORS 450.695(2), a water authority may change the points of diversion or appropriation or move the water intake sources of the water use permits or certificates conveyed to it by the districts and municipalities that formed the water authority. For the purposes of this subsection, moving a water intake source is the same as changing the location of a point of diversion. Water authorities shall be subject to the following requirements: (a) A request by a water authority to change the location of a point of diversion or appropriation from that authorized by a water right certificate shall be made pursuant to ORS Chapter 540 and Chapter 690, division 380 transfer rules; (b) A request by a water authority to change the location of a point of diversion or appropriation authorized by a water use permit, as defined in OAR 690-380-0100(14)(c), shall be subject to the same statutory and administrative review criteria prescribed by ORS Chapter 540 and OAR 690, division 380 transfer rules for water uses subject to transfer; and (c) A request by a water authority for changes in the point of diversion or appropriation for water right permits other than those covered under subsection (3)(b) of this rule, shall be made pursuant to ORS 537.211. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 450.695 & 540.510 - 540.532 History: WRD 5-2006, f. & cert. ef. 10-6-06 WRD 8-2004, f. & cert. ef. 11-5-04 WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0010 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 19-1990, f. & cert. ef. 12-14-90 WRD 16-1990, f. & cert. ef. 8-23-90, Renumbered from 690-015-0015 WRD 7-1987, f. & ef. 6-11-87
690-380-2200 Changes in Place of Use No change in the place of use may be made except as described under OAR 690-380-0010 or as approved by the Department through a water right transfer, permit amendment under ORS 537.211, certificate of registration modification under OAR chapter 690, division 382, or pursuant to OAR 690-380-2260. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.532 History: WRD 5-2006, f. & cert. ef. 10-6-06 WRD 2-2003, f & cert. ef. 5-1-03
690-380-2240 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 water use subject to transfer, a permit, or 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 transfer or permit amendment, 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 transfer or amend a layered water use subject to transfer or permit 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 supplemental irrigation water right 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 supplemental right is to be moved. 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
690-380-2250 Transfer of Supplemental Water Right or Permit (1) When an application for change of the use or place of use for a primary water right is submitted in accordance with OAR 690-380-3000, the applicant also shall indicate whether the land described in the application has an appurtenant supplemental water right or permit. If the applicant intends to transfer the supplemental water right or permit with the primary water right, the applicant shall include information on the supplemental right or permit as part of the transfer application for the primary water right as required under OAR 690-380-3000. (2) If the applicant does not include the supplemental water right or permit in the transfer application, the Department shall notify the applicant and the land owner, as identified under OAR 690-380-3000(13), that the supplemental water right will be canceled before the Department issues the order approving the transfer of the primary water right, unless within 30 days after the date of Department notification, the applicant modifies the application to include the supplemental water right or permit or withdraws the application. (3) The Department may approve the transfer of a supplemental water right or permit in accordance with ORS 540.520 and 540.530. The Department shall not approve the transfer of a supplemental water right or permit if the transfer would result in injury or enlargement. (4) If the Department approves the transfer of the primary water right but does not approve the transfer of the supplemental water right or permit, the Department shall notify the applicant and the land owner, as identified under OAR 690-380-3000(13), of the Department’s intent to cancel that portion of the supplemental water right or permit described in the transfer application before the Department issues the primary water right transfer order, unless the applicant withdraws the transfer application within 90 days. (5) The order issued by the Department approving the transfer of a primary water right shall also cancel any appurtenant supplemental water right or permit not included in the transfer if the applicant does not modify or withdraw the application pursuant to section (2) of this rule or withdraw the application pursuant to section (4) of this rule. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.530 History: WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0048 WRD 5-1996, f. & cert. ef. 7-11-96
690-380-2260 Exchanges of Water (1) A person proposing to use stored, surface or ground water from another source in exchange for supplying replacement water in an equal amount pursuant to ORS 540.533 to 540.543 shall file an exchange application with the Department along with the fee required under ORS 536.050. (2) After receipt of a complete exchange application, the Department shall give at least 30 days public notice of the application: (a) By publication in the Department's weekly notice; and (b) By publication in a newspaper having a general circulation in the area in which the water uses are located at least once each week for three successive weeks for applications received by the Department prior to January 1, 2012, but for applications received after January 1, 2012, at least once each week for two successive weeks. (3) Any person may submit comments by the date identified in the notices prescribed by subsections (2)(a) and (b) of this rule. (4) After the comment period prescribed in section (2) of this rule, the Director shall: (a) Issue a proposed order approving or denying the application in compliance with ORS 540.537 taking into account comments received under section (3) of this rule; and (b) Notify the applicant and any person who submitted comments under section (3) of this rule of issuance of the proposed order. (5) If the applicant or a person who submitted comments under section (3) of this rule, requests an opportunity for a hearing, the Department shall contact the applicant and the commentors to determine if the issues raised can be resolved through negotiations. If the Department concludes that negotiations are not likely to yield resolution of the issues, the Commission shall hold a public hearing on the application. (6) After the public hearing, the Commission may: (a) Confirm the Director's decision and authorize issuance of a final order; (b) Modify the Director's decision and authorize issuance of a final order consistent with the modifications; or (c) Remand the application to the Department to seek resolution of the issues identified in the comments and, if the issues are not resolved, to initiate a contested case proceeding pursuant to the applicable provisions of ORS 183.310 to 183.550. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.533 - 540.543 History: WRD 1-2012, f. 1-31-12, cert. ef. 2-1-12 WRD 5-2006, f. & cert. ef. 10-6-06 WRD 2-2003, f & cert. ef. 5-1-03
690-380-2300 Changes in Character of Use Water may only be used for the authorized purposes in the water right except as provided under ORS 540.510(3) and (8) and 540.520(8) and (9) or as approved by the Department through a water right transfer, certificate of registration modification under OAR chapter 690, division 382, or pursuant to OAR 690-380-2340. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.532 History: WRD 5-2006, f. & cert. ef. 10-6-06 WRD 2-2003, f & cert. ef. 5-1-03
690-380-2320 Transfer from Supplemental Use to Primary Use A transfer application for a change in use from supplemental use to primary use may be submitted. A transfer will be allowed only to the extent the applicant can establish the quantity of water historically used under the supplemental water right. A right cannot be enlarged through this process. The primary water right shall be canceled before or at the same time as the issuance of the transfer order changing the supplemental use to primary. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.530 History: WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0030 WRD 5-1996, f. & cert. ef. 7-11-96 WRD 7-1987, f. & ef. 6-11-87
690-380-2330 Substitution of Supplemental Ground Water Right for Primary Surface Water Right (1) As provided in ORS 540.524, the holder of both a primary surface water right certificate and a supplemental ground water right certificate or permit may substitute the use of the supplemental water right for the primary water right. This rule does not authorize a change in place of use, character of use, point of diversion or point of appropriation. (2) A substitution may not be made under section (1) of this rule if the use of the supplemental ground water right results in an enlargement of the primary surface water right. (3) An application shall be submitted on a form provided by the Department with the appropriate fee as established under ORS 536.050. The Department may request additional information if necessary to assist with the injury evaluation. (4) Upon receiving an application, the Department shall provide notice, accept protests and conduct hearings on protests in the manner described in ORS 540.520(5) to (7) and OAR 690-380-4000 to 690-380-4200. (5) The Director shall issue an order approving or denying the substitution. If the proposed substitution will result in injury, the Director shall prohibit or condition the use to avoid or mitigate the injury. The Director shall issue an order approving or denying the substitution within 90 days after the Department receives an application under section (1) of this rule. (6) For the purpose of this rule, a substituted primary surface water right shall be treated as a supplemental water right and a substituted supplemental ground water right shall be treated as a primary water right. (7) A completed and approved substitution of a supplemental ground water right for a primary surface water right under this rule may be terminated upon a request by the water right holder or by an order of the Director if the Director determines that the use of the ground water as the primary water right causes injury. Upon termination, the substituted primary and supplemental water rights shall revert back to their original status. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.510 - 540.532 History: WRD 5-2006, f. & cert. ef. 10-6-06 WRD 2-2003, f & cert. ef. 5-1-03
690-380-2340 Specific-to-General Industrial Water Use Change A water right transfer is not required for a general industrial use that was not included in a water right certificate issued for a specific industrial use if: (1) The quantity of water used for the general industrial use is not greater than the rate allowed in the original water right and not greater than the quantity of water diverted to satisfy the authorized specific use under the original water right; (2) The location where the water is to be used for general industrial use was owned by the holder of the original water right at the time the water right permit was issued; and (3) The person who makes the change in water use provides the following information to the Department: (a) The name and mailing address of the person using water under the water right; (b) The water right certificate number; (c) A description of the location of the industrial facility owned by the holder of the original water right at the time the water right permit was issued; (d) The quantity of water diverted to satisfy the authorized specific use under the original water right; and (e) A description of the general industrial use to be made of the water after the change. 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