justicedao/ipfs_state_laws huggingface dataset:
690-385-3400 District Temporary Transfer Application Notice and Review (1) On receipt of a temporary district transfer application, the Department shall review the application to determine if the district has included the information required by OAR 690-385-3200 and if the water rights proposed for transfer are water uses subject to transfer as defined in ORS 540.505(4) and OAR 690-385-0100(17). (2) If the Department determines that the application does not include the required information or that the water rights proposed for transfer are not subject to transfer, the Department shall return the application and any fees to the district along with a written description of the deficiencies in the application. (3) If the Department determines the application is complete and the water rights proposed for transfer are uses subject to transfer, the Department shall: (a) File the application and assign it a transfer number, (b) Within 15 days of receipt, notice the application in the Department’s weekly publication; and (c) Request public comments on the application (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 Statutes/Other Implemented: ORS 540.570 History: Renumbered from 690-021-0060, 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
690-385-3500 District Temporary Transfer Approval and Final Orders A district temporary transfer application submitted according to ORS 540.570 and OAR 690-385-3200 shall be approved if the Department determines that: (1) The water right proposed for transfer is subject to transfer as defined in ORS 540.505(4) and OAR 690-385-0100(17) and, for a right described under 690-385-0100(17)(d), the proof of completion has been approved under 690-385-7600; (2) The proposed transfer would not result in enlargement as defined in OAR 690-385-0100(4); (3) The proposed transfer would not result in injury as defined in OAR 690-385-0100(6); and (4) Any other applicable requirements for district temporary water right transfers are met. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.570 History: WRD 2-2007, f. & cert. ef. 1-5-07 WRD 9-2004, f. & cert. ef. 11-16-04
690-385-3520 Fish Screening Devices (1) Pursuant to ORS 540.570, when an application includes a temporary change in point of diversion, the Department shall consult with ODFW to determine whether a fish screen device is necessary to prevent fish from leaving the body of water and entering the diversion. (2) The Department's consultation with ODFW shall determine whether the diversion is equipped with an appropriate fish screen device. (3) If requested by ODFW, a condition requiring a proper fish screen device at the new point of diversion shall be included in any order of the Department approving a temporary change in point of diversion. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.570 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-3600 Appeal of a Final Order Approving a District Temporary Transfer A final order approving a district temporary transfer under OAR 690-385-3500 may be appealed by: (1) Petitioning for judicial review of the final order pursuant to ORS 536.075(1); or (2) Petitioning the Department for reconsideration of the final order pursuant to OAR 137, division 004. (3) A petition for reconsideration may include a request for a stay of the final order if the petition complies with the requirements of OAR 137, division 004. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 183 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-4000 District Permanent Transfer Criteria Pursuant to ORS 540.580, the Department may approve a district permanent transfer application to permanently change the place of use provided: (1) The proposed transfer involves the use of water on lands located within the boundaries of the district; (2) The use authorized under the water use subject to transfer does not change; (3) The use of water under the water use subject to transfer will not result in enlargement of the right; (4) The change in place of use will not result in injury to any other existing water right; and (5) The district submits the permanent district transfer application to the Department: (a) Before the change is allowed by the district, or (b) Prior to the end of the calendar year in which the change occurred if notification of a change was submitted in accordance with OAR 690-385-4100. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.580 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-4100 Notice of District Permanent Transfer (1) A district may allow a change in place of use prior to the Department issuing an order approving a district permanent transfer application provided: (a) The district files notice of the change in place of use under section (2) of this rule prior to making the change; (b) Prior to the end of the calendar year in which the change in place of use occurs, the district submits a permanent district transfer application for the change in place of use noticed according to section (2) of this rule; and (c) The district notifies each affected user that the change is subject to the approval of the Department and that the Department may: (A) Direct the district to cease delivery of water; or (B) Require mitigation to avoid injury to other water rights. (2) The notice under subsection (1)(a) of this rule shall be on forms acceptable to the Department and contain the following information for the primary water right and any appurtenant supplemental water right or permit, if applicable: (a) District name, mailing address, and phone number; (b) Certificate number, or permit number if applicable, subject to the change; (c) Names of affected users; (d) Location of the affected lands according to public land survey description and tax lot number; and (e) A map meeting the requirements of OAR 690-385-4300. (3) A district shall deliver the notice described in section (2) of this rule to the local area Department Watermaster prior to allowing the use of water to change. (4) A district delivering notice to the local area Department Watermaster shall concurrently send by mail or by electronic means the form(s) (but not the map) described in section (2) of this rule to the Department's Headquarters Office for public notice in the Department's weekly publication pursuant to ORS 540.580(4). (5) If at any time the Department finds the change allowed by a district, under the notice requirements of sections (1) and (2) of this rule, results in injury to an existing water right the Department may: (a) Direct the district to cease delivery of water to the affected lands; or (b) Direct the district to mitigate the injury caused by the change. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.580 History: WRD 1-2012, f. 1-31-12, cert. ef. 2-1-12 WRD 9-2004, f. & cert. ef. 11-16-04
690-385-4200 District Permanent Transfer Applications Each district permanent transfer application shall contain the standard information required by OAR 690-385-2000. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 536.050, 540.574 & 540.580 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-4300 District Permanent Transfer Application Map Requirements A district permanent transfer application map shall meet the standards of OAR 690-385-2200. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.580 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-4400 District Permanent Transfer Application Notice and Review (1) On receipt of a district permanent transfer application, the Department shall review the application to determine if the district has included the information required by OAR 690-385-4200 and if the water right proposed for transfer is subject to transfer as defined in ORS 540.505(4) and OAR 690-385-0100(17). (2) If the Department determines that the application does not include the required information or that the water right proposed for transfer is not subject to transfer, the Department shall return the application and any fees to the district along with a written description of the deficiencies in the application. (3) If the Department determines the application is complete and the water right proposed for transfer is subject to transfer, the Department shall: (a) File the application and assign it a transfer number; (b) Within 15 days of receipt, notice the application in the Department’s weekly publication; and (c) Request public comments on the application. (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 Statutes/Other Implemented: ORS 540.580 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-4500 District Permanent Transfer Approval and Final Orders A district permanent transfer application submitted according to ORS 540.580 and OAR 690-385-4000 shall be approved if the Department determines that: (1) The water right is subject to transfer as defined in ORS 540.505(4) and OAR 690-385-0100(17) and, for a right described under 690-385-0100(17)(d), that proof of completion has been approved under 690-385-7400; (2) The proposed transfer would not result in enlargement as defined in OAR 690-385-0100(4); (3) The proposed transfer would not result in injury as defined in OAR 690-385-0100(6); and (4) Any other applicable requirements for district permanent water right transfers are met. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.580 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-4580 Original Right Terminated by Final Order Issuance of a final order approving a permanent change in place of use terminates the right to use water at the previously authorized place of use. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.580 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-4600 Protests and Requests for Hearings Approval of a permanent district transfer application under OAR 690-385-4500, may be protested: (1) Within 30 days of posting the Department's weekly notice; (2) By any potentially affected holder of an existing water right, either jointly or severally with other persons, provided the protest is not by a user within a district alleging injury to the delivery of water by the district; and (3) Protests shall be filed in accordance with OAR 690, division 002, and shall include the fee required under ORS 536.050. (4) Each person submitting a protest shall 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 precludes consideration of the issue during the hearing. (5) Pursuant to ORS 540.580, if a user within a district protests approval of a permanent district transfer application under OAR 690-385-4500 and alleges approval of the transfer would cause injury to the delivery of water by the district, the Department shall: (a) Refer the protest to the district to resolve; and (b) Notwithstanding OAR 690-385-4700, decline to hold a hearing on the matter. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 536.050, 183.310 - 183.550 & 540.580 History: WRD 1-2012, f. 1-31-12, cert. ef. 2-1-12 WRD 9-2004, f. & cert. ef. 11-16-04
690-385-4700 Hearings (1) If a protest is filed under OAR 690-385-4600, the Department shall hold a hearing on the matter. (2) Notice and conduct of the hearing shall: (a) 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 water rights are located unless all parties and persons who filed a protest stipulate otherwise; and (b) If a protest has asserted that the water right to be transferred has been forfeited through non-use, include the notice and procedures described in OAR 690-017-0500 to 690-017-0900. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 183 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-5000 District Permanent Transfer of Water Right for Nonuse Criteria Pursuant to ORS 540.572, the Department may approve a district permanent transfer application to permanently change the place of use of the water right appurtenant to land no longer irrigated or susceptible to irrigation provided: (1) The district employs a full-time manager; (2) The district is implementing an approved water management and conservation plan consistent with the requirements of OAR 690, division 086; (3) The proposed transfer involves the use of water on lands located within the boundaries of the district; (4) The district has determined a user has not made beneficial use of water for four successive years; and (5) The district provides notice to the user of intent to transfer the right and provides the user an opportunity to resolve the matter in the manner described by ORS 540.572 and OAR 690-385-5400 and 690-385-5600. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.572 History: Renumbered from 690-021-0090, WRD 9-2004, f. & cert. ef. 11-16-04 WRD 1-1993, f. & cert. ef. 2-3-93
690-385-5100 Notice of Nonuse of Water Right and Intent to Transfer Pursuant to ORS 540.572 (1) Prior to submitting a district permanent transfer application under OAR 690-385-5200, a district shall provide written notice to the user and any security interest holders of record in the land to which the water right is appurtenant. (2) Notice shall be sent by certified mail to the last known address of the user with a return receipt requested. (3) The notice shall include: (a) A statement advising the user that the district has determined that the user's land is no longer irrigated or susceptible of irrigation and that the district intends to submit an application to permanently transfer the water right pursuant to ORS 540.572. (b) A statement that the user has a 30-day period, from the mailing date of the notice, in which to submit to the district a written objection to the proposed transfer application; (c) A statement that the user shall notify the district, within the 30-day period described in subsection (3)(b) of this rule, if the user intends to demonstrate that the nonuse is excused by one of the provisions under ORS 540.610. (d) A statement that the user may demonstrate beneficial use of the water right by: (A) Beneficially irrigating the lands to which the water right is appurtenant prior to the end of the irrigation season of the fifth consecutive year of nonuse, or (B) Making beneficial use of water under one of the qualifying programs of the Water Resources Department such as, but not limited to, submitting a water right transfer under OAR 690, division 380 or a transfer to instream use under OAR 690, division 077, prior to the end of the irrigation season of the fifth consecutive year of nonuse. (e) A general description of the land according to public land survey description to which the water right is appurtenant; (f) The number of acres of water right, by tax lot, for which the user is charged or assessed by the district and which the district intends to propose for transfer under OAR 690-385-5200; (g) A description of the type of use described by the water right of record; (h) A list of the name and address of security interest holders of record in the land to which the water right is appurtenant; and (i) A request for the user to respond confirming that the information in the notice is correct. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.572 History: Renumbered from 690-021-0110, WRD 9-2004, f. & cert. ef. 11-16-04 WRD 1-1993, f. & cert. ef. 2-3-93
690-385-5200 District Permanent Transfer of Water Right for Nonuse Applications (1) Each district permanent transfer of water right for nonuse application shall contain the standard information required by OAR 690-385-2000; and (2) Include the following: (a) A copy of the notice required under OAR 690-385-5100 mailed by the district to the user; (b) A copy of any objections to the proposed transfer received by the district within the 30-day time period following the mailing of notice under OAR 690-385-5100; and (c) A copy of findings, determinations and conclusions resulting from any hearing held by the district to consider unresolved objections received in response to the notice required under OAR 690-385-5100. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.574 & 540.580 History: Renumbered from 690-021-0140, WRD 9-2004, f. & cert. ef. 11-16-04 WRD 1-1993, f. & cert. ef. 2-3-93
690-385-5300 District Permanent Transfer of Water Right for Nonuse Application Map Requirements A district permanent transfer application map shall meet the standards of OAR 690-385-2200. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.574 & 540.580 History: Renumbered from 690-021-0160, WRD 9-2004, f. & cert. ef. 11-16-04 WRD 1-1993, f. & cert. ef. 2-3-93
690-385-5400 Notice of Filing District Permanent Transfer of Water Right for Nonuse Application (1) Upon submitting a district permanent transfer application to the Department pursuant to ORS 540.572 and OAR 690-385-5000, a district shall: (a) Provide notice to the users of affected lands that a district permanent transfer application was submitted to the Department; (b) Provide the users of affected lands a copy of the application and map; and (c) Mail the notice, application, and map to the last known address of the affected users by certified mail with a request for a return receipt. (2) The notice under subsection 1(a) of this rule shall inform the users of affected lands that: (a) The Department shall approve the district permanent transfer application as provided under OAR 690-385-5600 unless: (A) The application does not include the information required under OAR 690-385-5200; or (B) The user, of lands from which water rights are to be transferred, submits a protest pursuant to OAR 690, division 002. (b) The user has the right to protest the application as described in OAR 690-385-5700. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.576 History: Renumbered from 690-021-0170, WRD 9-2004, f. & cert. ef. 11-16-04 WRD 1-1993, f. & cert. ef. 2-3-93
690-385-5500 District Permanent Transfer of Water Right for Nonuse Application Notice and Review (1) On receipt of a district permanent transfer application, the Department shall review the application to determine if the district has included the information required by OAR 690-385-5200 and if the water right proposed for transfer is subject to transfer as defined in ORS 540.505(4) and OAR 690-385-0100(17). (2) If the Department determines that the application does not include the required information or that the water right proposed for transfer is not subject to transfer, the Department shall return the application and any fees to the district along with a written description of the deficiencies in the application. (3) If the Department determines the application is complete and the water right proposed for transfer is subject to transfer, the Department shall: (a) File the application and assign it a transfer number, (b) Within 15 days of receipt, notice the application in the Department’s weekly publication; and (c) Request public comments on the application. (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 Statutes/Other Implemented: ORS 540.572, 540.574 & 540.580 History: WRD 9-2004, f. & cert. ef. 11-16-04 Renumbered from 690-021-0200, WRD 9-2004, f. & cert. ef. 11-16-04 WRD 1-1993, f. & cert. ef. 2-3-93
690-385-5600 District Permanent Transfer of Water Right for Nonuse Approval and Final Orders A district permanent transfer application submitted under ORS 540.572 and OAR 690-385-5000 shall be approved if the Department determines that: (1) The water right proposed for transfer is subject to transfer as defined in ORS 540.505(4) and OAR 690-385-0100(17) and, for a right described under 690-385-0100(17)(d), that proof of completion has been approved under 690-385-7400; (2) The proposed transfer would not result in enlargement as defined in OAR 690-385-0100(4); (3) The proposed transfer would not result in injury as defined in OAR 690-385-0100(6); (4) Any other applicable requirements for district permanent transfers of water right for nonuse are met; (5) The district submitted the application no later than the end of the calendar year of the fifth year of nonuse under ORS 540.610(1); and (a) The district received no written objections to the proposed transfer within the 30-day time period following the mailing of notice under OAR 690-385-5100; or (b) The district board of directors submitted the permanent district transfer application after having: (A) Received written objections to the proposed transfer within the 30-day time period following the mailing of notice under OAR 690-385-5100; (B) Failed to resolve the objections; and (C) Held a hearing to review and consider the objections. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.572 - 540.580 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-5680 Original Right Terminated by Final Order Issuance of a final order approving a permanent change in place of use for nonuse terminates the right to use water at the previously authorized place of use. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.580 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-5700 Protests and Requests for Hearings (1) Approval of a district permanent transfer of water right for nonuse application under ORS 540.572 and OAR 690-385-5000, may be protested: (a) By any user; and (b) Within 60 days of mailing the notice under OAR 690-385-5400. (2) Protests shall be filed in accordance with OAR 690, division 002, and shall include the fee required under ORS 536.050. (3) Each person submitting a protest shall 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 precludes consideration of the issue during the hearing. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.578 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-5800 Hearings (1) If a protest is filed under OAR 690-385-5700, the Department shall hold a hearing on the matter. (2) Notice and conduct of the hearing shall: (a) 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; and (b) If a protest has asserted that the water right to be transferred has been forfeited through non-use, include the notice and procedures described in OAR 690-017-0500 to 690-017-0900. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 183 & 540.578 History: WRD 9-2004, f. & cert. ef. 11-16-04