justicedao/ipfs_state_laws huggingface dataset:
690-385-5900 Time Period to Process Permanent Transfer Application Exempt from Forfeiture If a district submits a permanent transfer application under OAR 690-385-5000 no later than the end of the calendar year of the fifth year of non-use under ORS 540.610(1), the forfeiture provision of ORS 540.610 shall not apply to the subject lands pending completion of the processing of the transfer application. The time required to process the application, including any time required for hearings, appeals and completion of the authorized changes, shall not be included when computing a five-year period of nonuse under the provisions of ORS 540.610(1). Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.612 History: Renumbered from 690-021-0250, WRD 9-2004, f. & cert. ef. 11-16-04 WRD 1-1993, f. & cert. ef. 2-3-93
690-385-6000 Miscellaneous Provisions: Multiple Primary Water Rights on the Same Lands If the water right records show two or more rights as primary on the same land, the right with the oldest priority date shall be considered the primary water right unless the applicant designates a right, other than the right with the oldest priority date, as the primary water right. All other water rights shall be diminished to supplemental water rights. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.580 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-7000 Completion and Perfection of Transferred Rights: Time for Completion (1) The time for a district to complete a transfer as authorized by a final order shall be one full year from the approval date plus an additional time until the next October 1. A longer time for completion may be allowed for good cause shown. (2) The time allowed by the Department for completion of an authorized change shall not be used when computing a five-year period of non-use under the provisions of ORS 540.610(1). (3) Extensions of time to complete a transfer may be granted pursuant to OAR 690-385-7200. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.580 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-7100 Completion and Perfection of Transferred Rights: Failure to Complete a Transfer as Grounds for Cancellation (1) Upon issuance of a final order approving a transfer the water use subject to transfer becomes inchoate (incomplete) until the authorized change has been completed to the satisfaction of the director. (2) Any part of a transferred water use that is not used beneficially under the terms of the transfer final order, or within any extension of time allowed for completion, is deemed lost and constitutes a loss of water right. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.580 History: WRD 9-2004, f. & cert. ef. 11-16-04
690-385-7200 Completion and Perfection of Transferred Rights: Extension of the Time Limits (1) If the transfer is not completed within the time allowed in the final order, a district may file an application for an extension of time. The application shall contain sufficient information for the director to determine reasonable diligence was made to complete the project within the initial time specified in the final order. (2) A separate application requesting an extension of time to complete a transfer shall be submitted for each final order that authorizes the transfer of the water use subject to the extension request. (3) The Department shall consider an application for extension of time received no later than the date specified in the final order for a district to submit proof of use under OAR 690-385-7400. The Department shall review and issue an order within 90 days of receipt of the application. (4) Failure of a district to submit an application and receive an order of the Department authorizing an extension of time to complete a transfer may lead to loss of the water right for failure to complete the transfer in accordance with OAR 690-385-7100(2). (5) The Department may grant extensions for a 12 month time period, from October 1 to October 1. Extensions may be granted for longer time periods if the applicant can justify the need for a longer period of time by submission of pertinent evidence. (6) In reviewing an application for an extension of time, the director shall determine whether reasonable diligence was made by the applicant to complete the project within the time period established under OAR 690-385-7000. Applications for extension of time shall include: (a) A listing and description of all construction and purchases related to installation of the water delivery system during the previous use perfection period; (b) A description of any expansion or restructuring of the existing delivery system during the same period; (c) A description of the extent to which the applicant has made actual use of water according to the terms of the transfer final order; and (d) Information to indicate whether the applicant has complied with any conditions contained in the transfer final order. (7) Applications for succeeding extensions shall show reasonable diligence within the time allowed by the previous extension and shall be subject to the Department review based on section (6) of this rule. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.580 History: Renumbered from 690-021-0300, WRD 9-2004, f. & cert. ef. 11-16-04 WRD 1-1993, f. & cert. ef. 2-3-93
690-385-7400 Completion and Perfection of Transferred Rights: Proof of Use; Noncompliance (1) No later than one year following the date specified in a final order for a district to complete a transfer and apply water to beneficial use, a district shall provide the Department proof of use by submitting a final proof map according to OAR 690-385-7400(3) and a claim of beneficial use report according to OAR 690-385-7400(4). (2) Districts may self-certify proof of use and are not required to have a certified water rights examiner prepare a final proof map and file a claim of beneficial use report. (3) Districts shall file a final proof map consistent with the map standards of OAR 690-385-2200 within the time limit specified in the transfer final order, and certify the map as accurate. (4) Districts shall file a claim of beneficial use report on forms acceptable to the Department. The claim of beneficial use report shall contain the following information: (a) The district’s name, mailing address, and telephone number; (b) The transfer number assigned by the Department to the application; (c) The district assigned number for Notice of Permanent District Transfer, if applicable;. (d) The certificate number, or permit number if no certificate has been issued for the subject water right; (e) The date of priority; (f) The type of use; (g) The authorized place of use identified by its location within the public land survey, tax lot number, and name of each user; (h) A description of the diversion, headgate, canal, or district conveyance system used to deliver water to the authorized place of use; (i) A description of the method for applying water to beneficial use at the authorized place of use; (j) A description of the beneficial use to which water is applied; (k) A description of the method used to calculate the extent of beneficial use on the lands or place of use authorized by the final order approving a transfer; (l) A statement that the district has inspected the authorized place of use and confirms the change has been made consistent with the terms and conditions of the final order; and (m) The signature of the District Board Chairperson, or if the Board has delegated authority, the signature of the district manager. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.580 History: Renumbered from 690-021-0350, WRD 9-2004, f. & cert. ef. 11-16-04 WRD 1-1993, f. & cert. ef. 2-3-93
690-385-7600 Completion and Perfection of Transferred Rights: Proof of Completion of Change (1) The Department may issue a certificate of water right upon satisfactory proof of completion of the change or changes authorized by a final order approving a permanent district transfer. Satisfactory proof shall be one of the following: (a) A determination by the Department that the application of water to beneficial use under the terms of the transfer final order was completed to the extent authorized; or (b) A determination by the Department that the application of water to a beneficial use under the terms of the transfer final order was completed to an extent less than authorized. Such determination shall constitute proof for that portion of the water right. (2) The Department shall prepare a proposed water right certificate if it determines that proof has been made to an extent different or less than that approved. The proposed certificate shall describe the right determined completed under the provisions of the transfer final order. The proposed certificate shall be sent by first class mail, or with the consent of the recipient, by electronic means to the district and affected user, together with notice that the district and affected user 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 water right certificate. If no request for reconsideration is received within the 60-day period, the Department shall issue a water right certificate pursuant to ORS 540.530(2). (3) The Department shall issue a water right certificate on a determination that it is necessary to produce a certificate describing the right. The determination of when to issue a water right certificate shall take in to account: (a) Whether the district or users within the district requested issuance of a new certificate; (b) The number of permanent district transfers for which satisfactory proof has been determined; (c) The frequency and trend in transfer applications submitted by a district; and (d) The necessity to modify the water right record to allocate conserved water under ORS 537.470 and accomplish other administrative functions. 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 Renumbered from 690-021-0600, WRD 9-2004, f. & cert. ef. 11-16-04 WRD 1-1993, f. & cert. ef. 2-3-93
690-385-7800 Completion and Perfection of Transferred Rights: Request for Reconsideration (1) A petition for reconsideration of the content of a proposed certificate may be submitted in writing to the Department by the district or user. The petition shall describe the disagreement with the proposed certificate. (2) The petition 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. (3) The director may allow reasonable time beyond the time set under OAR 690-385-7600(2) for a district or user to complete and submit a written petition for reconsideration. (4) Upon receipt of a petition for reconsideration, the director shall: (a) Approve the petition without verification and issue a certificate with the changes included; or (b) Schedule field verification of the requested changes and pursuant thereto approve or deny the petition; or (c) Deny it by letter to the requesting person. (5) If field verification is scheduled, a new proposed certificate may be prepared and sent as prescribed by OAR 690-385-7600(2). (6) A petition for reconsideration of a new proposed certificate issued under section (5) of this rule shall be filed in accordance with sections (1) to (3) of this rule. Such petitions shall be approved or denied by order of the director. The order shall provide for either issuance of a water right certificate in conformance with the director’s findings, or for the scheduling of a contested case hearing as provided under OAR 690, division 002. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.580 History: Renumbered from 690-021-0700, WRD 9-2004, f. & cert. ef. 11-16-04 WRD 1-1993, f. & cert. ef. 2-3-93
690-400-0000 Purpose and Authorization (1) These rules, and those contained in division 410, establish statewide policies and principles pertaining to a wide range of water-related topics. All Water Resources Commission and Department activities, including but not limited to: (a) Basin planning; (b) Interagency coordination; and (c) Development and adoption of rules, standards, and implementing strategies to govern Department programs and activities, shall be compatible with these rules and those contained in division 410. (2) ORS 536.220 authorizes a single state agency, the Water Resources Commission, to formulate and implement an integrated, coordinated state water resources policy. The Water Resources Commission shall progressively formulate plans and programs to develop the water resources of the state and provide for the enforcement of state water policy. State water resources policy must promote the maximum beneficial use of the waters of the state. Multiple water uses shall be preferred over single-purpose uses. Existing water rights shall be protected in accordance with relative priority dates except as they may be temporarily modified under emergency drought circumstances. The Commission shall, in adopting polices that affect the appropriation and control of water resources, design those policies to best protect and promote the general public welfare. (3) The Water Resources Commission is required by ORS 536.300(2) to develop a state program for managing Oregon’s water. The Commission has established the Oregon Water Management Program which consists of statewide policies (OAR 690, divisions 400 and 410), basin programs (OAR 690, divisions 500 to 520) and non-rule program direction for implementing statewide policies and basin level actions (ORS 536.430). (4) In formulating the Oregon Water Management Program, the Commission shall consider declarations of policy provided in ORS 536.310. These declarations mandate the consideration of existing rights, economic development, human consumptive needs, multiple uses, groundwater quality, protection of wildlife, recreation, watershed management, and other priorities outlined by the Legislature. These rules, and those contained in division 410, are adopted as statements for inclusion in the integrated, coordinated state water resources policy required under ORS 536.300. (5) The programs and plans of the Commission are to reflect all laws that relate to or affect the use and control of the water resources of the state (ORS 536.330). The Legislature, in ORS 536.360, directs every state agency and public corporation to conform to statements of state water resources policy as adopted by the Water Resources Commission. Statutory/Other Authority: ORS 536 Statutes/Other Implemented: ORS 536 History: WRD 8-1990, f. & cert. ef. 6-25-90
690-410-0020 Hydroelectric Power Development (1) Policy — Development and production of hydroelectric power is a beneficial use. However, construction and operation of hydroelectric facilities have had significant adverse impacts on the state’s natural resources. New hydroelectric development shall be permitted if it can be demonstrated that there will be no harm to the state’s anadromous salmon and steelhead fish resource and habitat, and no net loss of the state’s other natural resources. Relicensing of existing facilities, which have adversely impacted, or may preclude the recovery of, anadromous fish resources shall include measures to restore, enhance or improve the anadromous fish resource. The relicensing of any facility shall include measures to prevent the net loss of other natural resources resulting from future operation of the facility. (2) Principles — Programs to achieve the policy in section (1) of this rule shall be guided by the following principles: (a) Hydroelectric power can provide valuable economic and social benefits when the natural resources of the state are protected from potential adverse impacts; (b) Proposed or relicensed projects that can be developed consistent with Oregon’s resource protection standards should be encouraged. New development shall be consistent with the provisions of the Columbia River Basin Fish and Wildlife Program as adopted by the Northwest Power Planning Council pursuant to PL 96-501; (c) Mitigation shall be required for harm to Oregon’s natural resources caused or likely to be caused by new permitted hydroelectric power development. These natural resources include but are not limited to anadromous fish, wildlife, water quality, scenic and aesthetic values, historic, cultural and archeological sites; (d) On relicensing of existing facilities, measures for restoration, enhancement or improvement for past harms to Oregon’s anadromous and steelhead resource shall be considered and implemented; and (e) The state shall ensure that the laws of the state and the rules of the Commission concerning hydroelectric power development are satisfied at every stage of any hydroelectric power project. The state shall assert these laws and rules when participating in federal proceedings involving hydroelectric power. Participation in these proceedings by state agencies shall be fostered through the Strategic Water Management Group (SWMG). Statutory/Other Authority: ORS 536 Statutes/Other Implemented: ORS 536 History: WRD 8-1990, f. & cert. ef. 6-25-90
690-410-0030 Instream Flow Protection (1) Policy — Benefits are provided by water remaining where it naturally occurs. Protecting streamflows which are needed to support public uses is a high priority for the state. The long term goal of this policy shall be to establish an instream water right on every stream, river and lake which can provide significant public benefits. Where streamflows have been depleted to the point that public uses have been impaired, methods to restore the flows are to be developed and implemented. These activities shall be consistent with the preservation of existing rights, established duties of water, and priority dates, and with the principle that all of the waters within the state belong to the public to be used beneficially without waste. (2) Principles — Programs to achieve the policy in section (1) of this rule shall be guided by the following principles: (a) The Commission shall consider the needs of both instream and out-of-stream uses when reviewing future appropriations and developing streamflow restoration programs; (b) Preservation of instream flows needed to support the purposes of State Scenic Waterways is a high priority for the state; (c) Statewide and local programs should be implemented to restore and enhance streamflow and lake levels to provide public uses. Priority of restoration shall be established by the Water Resources Commission. The Commission shall consult with the Department of Fish and Wildlife, Environmental Quality, Parks and Recreation and the public, to identify those waterways where the greater public benefit could be obtained from additional streamflow restoration; (d) The Department shall actively encourage the purchase, lease and gift of existing water rights for transfer to instream water rights, and the construction of environmentally sound multi-purpose storage projects; (e) Streamflow restoration programs shall be designed to encourage cooperation and coordination between instream water interests and out-of-stream water users; and (f) Instream water rights are preferred, over the establishment of new minimum perennial stream-flows, to protect instream public uses. Statutory/Other Authority: ORS 536 Statutes/Other Implemented: ORS 536 History: WRD 13-1990, f. & cert. ef. 8-8-90
690-410-0040 Interstate Cooperation (1) Policy — The state will seek to cooperate with other states in planning, developing, managing, and resolving conflicts involving surface or groundwater resources. Interstate cooperation shall be actively pursued to benefit the public interest, welfare, health, economy and safety of Oregon’s citizens. (2) Principles — Programs to achieve the policy in section (1) of this rule shall be guided by the following principles: (a) Existing laws, agreements, water rights, individual state interests and resource conditions shall guide and limit interstate cooperation in order to protect the public interest; (b) Cooperation is preferred, but not required, over unilateral action, litigation, arbitration, or adjudication; (c) The meaning, intent and purpose of interstate cooperation as embodied in this policy also applies to federally recognized Indian Tribes, and their governments, located wholly or partially within this state. Statutory/Other Authority: ORS 536 Statutes/Other Implemented: ORS 536 History: WRD 8-1990, f. & cert. ef. 6-25-90
690-500-0010 Basin Programs Preamble (1) The Water Resources Commission is responsible for the establishment of policy and procedures for the use and control of the state’s water resources. In executing this responsibility, the Commission develops, adopts and periodically modifies programs for the state’s major drainage basins. (2) Basin programs are administrative rules which establish water management policies and objectives and which govern the appropriation and use of the surface and ground water within each of the respective basins. The rules classify surface and ground waters according to the uses which are permitted, may establish preferences among uses, may withdraw surface and groundwaters from further appropriation, may reserve waters for specified future uses, and may establish minimum perennial streamflows. These rules are in addition to rules with statewide applicability which govern the allocation and use of water. (3) The Commission has adopted programs for the following basins: (a) North Coast Basin (division 501); (b) Willamette Basin (division 502); (c) Sandy Basin (division 503); (d) Hood Basin (division 504); (e) Deschutes Basin (division 505); (f) John Day Basin (division 506); (g) Umatilla Basin (division 507); (h) Grand Ronde Basin (division 508); (i) Powder Basin (division 509); (j) Malheur — Owyhee Basins (division 510); (k) Goose and Summer Lakes Basin (division 513); (l) Rogue Basin (division 515); (m) Umpqua Basin (division 516); (n) South Coast Basin (division 517); (o) Mid Coast Basin (division 518); (p) Columbia River (division 519); (q) Middle Snake River Basin (division 520). (4) Although the Commission has not adopted a comprehensive basin program for the waters of the Malheur Lake Basin, minimum perennial stream-flows have been adopted for specified streams in the basin. These minimum perennial streamflows are in division 512. Allocation and use of the waters of the basin also are subject to administrative rules with statewide applicability. (5) The Commission has not adopted a comprehensive basin program for the waters of the Klamath Basin. Allocation and use of the waters of the basin are subject to administrative rules with statewide applicability and to the provisions of the Klamath River Basin Compact (ORS 542.620). Statutory/Other Authority: ORS 536.027 & 536.300 History: WRD 16-1988, f. & cert. ef. 9-23-88, Renumbered from 690-080-0000