reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-2130 - Change from a Surface Water Point of Diversion to a Ground Water Appropriation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 provided in ORS 540.531, an owner of a surface
			 water use subject to transfer may apply for a transfer of the point of
			 diversion to allow the appropriation of ground water, subject to the
			 requirements for a transfer in point of diversion under this Division and the
			 requirements under section (2) or (3) of this rule.
(2) The Department may allow the transfer of
			 the point of diversion under section (1) of this rule if:
(a) The criteria in OAR 690-380-5000  are
			 met;
(b) The new point of diversion
			 appropriates ground water from an aquifer that is hydraulically connected to
			 the authorized surface source; and
(c) The proposed change in point of diversion
			 will affect the surface water source similarly to the authorized point of
			 diversion specified in the water use subject to transfer; and
(d) The withdrawal of groundwater at the new
			 point of diversion is located within 500 feet of the surface water source and,
			 when the surface water source is a stream, is also located within 1000 feet
			 upstream or downstream of the original point of diversion as specified in the
			 water use subject to transfer; or
(e) If the distance requirements in
			 subsection (2)(d) of this rule are not met, the holder of a water use subject
			 to transfer shall submit to the Department evidence prepared by a licensed
			 geologist that demonstrates that the use of the groundwater at the new point of
			 diversion will meet the criteria set forth in subsections (2)(a) to (c) of this
			 rule.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-2200 - Changes in Place of Use

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.510 -
				  540.532
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-2250 - Transfer of Supplemental Water Right or Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  536.025 & ORS
				  536.027
Stats. Implemented: ORS
				  540.510 - ORS
				  540.530
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-2260 - Exchanges of Water

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-2300 - Changes in Character of Use

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.510 -
				  540.532
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-2320 - Transfer from Supplemental Use to Primary Use

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  536.025 & ORS
				  536.027
Stats. Implemented: ORS
				  540.510 - ORS
				  540.530
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-2330 - Substitution of Supplemental Ground Water Right for Primary Surface Water Right

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.510 -
				  540.532
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-2340 - Specific-to-General Industrial Water Use Change

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-2410 - Municipal Water Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Water
			 used under a permit or certificate issued to a municipality, under rights
			 conferred by ORS 538.410 to
			 538.450, or under the
			 registration system set forth in ORS
			 537.132 may be applied to
			 beneficial use on:
(a) Any lands acquired by
			 the municipality through annexation, merger, consolidation, or by the formation
			 of a water supply authority in accordance with ORS
			 540.510(3)(a)(A)
			 so long as the rate and duty allowed under the right is not exceeded;
(b) Subject to the limitations in section
			 (3), lands other than those described in subsection (1)(a) of this rule in
			 accordance with ORS 540.510(3)(a)(B)
			 so long as the use continues to be for municipal purposes and the rate and duty
			 allowed under the right is not exceeded;
(c) Any lands for which the use is authorized
			 by the Department of Environmental Quality or Department of Agriculture under
			 ORS 468B.050 or
			 468B.053 and for which a
			 reclaimed water registration has been filed under ORS
			 537.132.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-2420 - Notice of Merger, Consolidation or Formation of a Water Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Municipal water
			 supply entities that merge, consolidate or form a water authority may notify
			 the Department of such action and request issuance of superseding certificates
			 pursuant to sections (2) and (3) of this rule. The notice and request for
			 issuance of superseding certificates shall include the following:
(a) A listing of the entities in the merger,
			 consolidation or formation of a water authority;
(b) A copy of the documents filed with the
			 city, county or state authorities approving such action;
(c) A copy of the cooperative agreement, or
			 other evidence, between the authority and the county or other authority granted
			 coordinative functions under ORS Chapter 197 showing consistency with local
			 comprehensive plans;
(d) A listing
			 of the certificated water rights by number of all water rights for the usual
			 municipal purposes of all entities involved;
(e) A map, meeting the requirements of OAR
			 690-380-3100, showing the legal boundaries of the water service area and the
			 points of diversion or appropriation;
(f) The name and address of the authority
			 authorized to conduct business; and
(g) A written request that new water right
			 certificates be issued to the authority.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-2430 - Acquisition of Water Rights by a Water Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to using the process
			 described in OAR 690-380-2420, a water authority may acquire water rights from
			 a municipality, a domestic water supply district, an irrigation district, a
			 drainage district, a water improvement district, or a water control
			 district.
(2) A water authority
			 that acquires a water right may:
(a) Exercise
			 the right subject to the limitations in section (4) of this rule if the right
			 is for municipal purposes;
(b)
			 Submit a request for issuance of a superseding certificate that includes the
			 information described in section (3) of this rule if the right is a
			 certificated right for municipal use;
(c) Submit a water right transfer application
			 to change the character of use if the right is subject to transfer;
			 or
(d) Submit a water right
			 transfer application to change the point of diversion or appropriation if the
			 right is a permit or a right subject to transfer.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 382 - GROUND WATER REGISTRATION MODIFICATIONS › Section 690-382-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in
			 OAR chapter 690, division 382 establish the requirements and procedures to be
			 used by the Department to evaluate an application to modify a ground water
			 certificate of registration. The rules describe the requirements for changing
			 the point of appropriation, place of use, or character of use of a certificate
			 of registration.
(2) No change in
			 point of appropriation, place of use, or character of use of a certificate of
			 registration may be made except as provided under these rules and OAR chapter
			 690, division 380.
Stat. Auth.: ORS
				  536.025;
				  536.027,
				  537.610,
				  540.531, HB 2123 (ch. 614, 2005
				  Oregon Water Laws)
Stats. Implemented: ORS
				  537.610,
				  540.505-540.532, HB 2123 (ch. 614, 2005
				  Oregon Water Laws)
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 382 - GROUND WATER REGISTRATION MODIFICATIONS › Section 690-382-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in this rule, along with the definitions in OAR
				690-008-0001  and 690-300-0010, apply to the rules in OAR chapter 690, division
				382. Where a term is defined in more than one rule, the definition in this rule
				applies.
(1) "Certificate of
			 registration" or "registration" means a certificate of registration of the
			 right to appropriate ground water under ORS
			 537.585 and
			 537.595 as documented under ORS
			 537.605. A certificate of
			 registration is also known as a ground water registration.
(2) "Enlargement" means an expansion of a
			 certificate of registration and includes, but is not limited to:
(a) Using a greater rate or duty of water per
			 acre than currently allowed under a certificate of registration;
(b) Increasing the acreage irrigated under a
			 certificate of registration;
(c)
			 Failing to keep the original place of use from receiving water from the same
			 source; or
(d) Diverting more water
			 at the new point of appropriation than is legally available to that certificate
			 of registration at the original point of appropriation.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 382 - GROUND WATER REGISTRATION MODIFICATIONS › Section 690-382-0200 - Layered Water Rights and Certificates of Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (5) of this
			 rule, a change in place of use or character of use of 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
			 registration modification, 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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 382 - GROUND WATER REGISTRATION MODIFICATIONS › Section 690-382-0300 - Modification of Certificates of Registrations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application for recognition of a
			 modification of a certificate of registration may be filed by:
(a) The person named on the certificate of
			 registration or to whom the certificate of registration has been
			 assigned;
(b) The owner of the land
			 to which the registration is appurtenant provided that the application is
			 accompanied by a request for assignment under OAR 690-320-0060; or
(c) Any other person or entity who can
			 demonstrate that they are authorized to request recognition of a
			 modification.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 382 - GROUND WATER REGISTRATION MODIFICATIONS › Section 690-382-0400 - Application for Modification of Certificate of Registration

Current through Register Vol. 63, No. 7, July 1, 2024
Each application for modification of a certificate of
				registration shall be prepared in ink or printed on a form provided by the
				Department. Applications shall contain the following minimum information
				concerning the certificate of registration and any appurtenant water right or
				permit, if applicable:
(1) Applicant's
			 name, mailing address, and telephone number.
(2) Type of change proposed.
(3) Name appearing on the certificate of
			 registration.
(4) Certificate of
			 registration number for the registration to be modified.
(5) Water right certificate, permit, or
			 certificate of registration numbers, as applicable, for any layered water uses
			 subject to transfer, permits, or certificates of registration.
(6) Source of water as described on the
			 certificate of registration.
(7)
			 Date of priority.
(8) The
			 authorized and proposed point(s) of appropriation located accurately in
			 reference to a public land survey corner, if applicable.
(9) The authorized and proposed use of water,
			 if applicable.
(10) The authorized
			 and proposed place of use identified by its location within the public land
			 survey and tax lot number, if applicable.
(11) A map prepared pursuant to OAR
			 690-380-3100, except it need not be prepared by a water rights
			 examiner.
(12) Land use information
			 as outlined in the Department's Land Use Planning Procedures Guide, except for
			 those modifications that meet the following four requirements:
(a) Where existing and proposed water uses
			 would be located entirely within lands zoned for exclusive farm use as provided
			 in ORS 215.203 or within irrigation
			 districts;
(b) That involve
			 changes in place of use only;
(c)
			 That do not involve the placement or modification of structures including but
			 not limited to water diversion, impoundment, or distribution facilities, water
			 wells, and well houses; and
(d)
			 That involve irrigation water uses only.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 382 - GROUND WATER REGISTRATION MODIFICATIONS › Section 690-382-0450 - Existing Documentation of Modifications

Current through Register Vol. 63, No. 7, July 1, 2024
If documentation of a modification under a ground water
				registration was on file with the Department prior to July 22, 2005, the
				Department shall provide an application for recognition of the modification
				described in the notice priority with respect to processing other applications
				for recognition of ground water registration modifications. An application
				filed under OAR 690-382-0400  may incorporate by reference information about the
				modification that is on file with the Department.
Stat. Auth.: ORS
				  536.025;
				  536.027,
				  537.610,
				  540.531, HB 2123 (ch. 614, 2005
				  Oregon Water Laws)
Stats. Implemented: ORS
				  537.610,
				  540.505-540.532, HB 2123 (ch. 614, 2005
				  Oregon Water Laws)
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 382 - GROUND WATER REGISTRATION MODIFICATIONS › Section 690-382-0500 - Fee Refunds

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Stat. Auth.: ORS
				  536.025;
				  536.027,
				  537.610,
				  540.531, HB 2123 (ch. 614, 2005
				  Oregon Water Laws)
Stats. Implemented: ORS
				  537.610,
				  540.505-540.532, HB 2123 (ch. 614, 2005
				  Oregon Water Laws)
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 382 - GROUND WATER REGISTRATION MODIFICATIONS › Section 690-382-0600 - Request for Comments

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 382 - GROUND WATER REGISTRATION MODIFICATIONS › Section 690-382-0700 - Preliminary Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After
			 the conclusion of the public comment period described in OAR 690-382-0600(4),
			 the Department shall prepare a preliminary determination of whether the
			 modification should be recognized, taking into account comments received in
			 response to the notice provided under OAR 690-382-0600  and the considerations
			 described in section (2) of this rule.
(2) The Department's preliminary
			 determination shall include an assessment of whether:
(a) The proposed modification would result in
			 enlargement;
(b) The proposed
			 modification would result in a state Scenic Waterway not receiving previously
			 available water 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 result in
			 injury; and
(d) Any other
			 requirements for registration modifications are met.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 382 - GROUND WATER REGISTRATION MODIFICATIONS › Section 690-382-0800 - Notice of Preliminary Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After the time for the applicant to
			 respond to the Department's draft preliminary determination, the Department
			 shall issue the preliminary determination and give notice of the application to
			 modify the registration and the preliminary determination:
(a) By publication in the Department's weekly
			 notice;
(b) Except as provided in
			 section (5) of this rule, by publication in a newspaper having a general
			 circulation in the area in which the certificate of registration(s) is located
			 for a period of at least three weeks and not less than one publication each
			 week for applications received by the Department prior to January 1, 2012, but
			 for applications received after January 1, 2012, for a period of at least two
			 weeks and not less than one publication each week, and
(c) By sending by regular mail, or with the
			 consent of the recipient, by electronic means a copy of the preliminary
			 determination and notice to the applicant and each person who submitted
			 comments under OAR 690-382-0600.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 382 - GROUND WATER REGISTRATION MODIFICATIONS › Section 690-382-0900 - Protests and Requests for Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  536.025;
				  536.027,
				  537.610,
				  540.531, HB 2123 (ch. 614, 2005
				  Oregon Water Laws)
Stats. Implemented: ORS
				  537.610,
				  540.505-540.532, HB 2123 (ch. 614, 2005
				  Oregon Water Laws)
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 382 - GROUND WATER REGISTRATION MODIFICATIONS › Section 690-382-1000 - Recognition of Modifications

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 382 - GROUND WATER REGISTRATION MODIFICATIONS › Section 690-382-1100 - Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 382 - GROUND WATER REGISTRATION MODIFICATIONS › Section 690-382-1200 - Compatibility with Acknowledged Comprehensive Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  536.025;
				  536.027,
				  537.610,
				  540.531, HB 2123 (ch. 614, 2005
				  Oregon Water Laws)
Stats. Implemented: ORS
				  537.610,
				  540.505-540.532, HB 2123 (ch. 614, 2005
				  Oregon Water Laws)
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.510,
				  540.570,
				  540.572-540.578,
				  540.580
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in this rule, along with the definitions in OAR
				690-08-0001 (Statutory Ground Water Terms), 690-300-0010  (Definitions), and
				690-380-0100  (Water Right Transfers), apply to the rules in OAR chapter 690,
				division 385. Where a term is defined in more than one rule, the definition in
				OAR 690-385-0100  applies.
(1)
			 "Application" means a petition by a district to transfer water rights within
			 district boundaries as used in ORS
			 540.570 through
			 540.580.
(2) "District" means an irrigation district
			 formed under ORS chapter 545, a drainage district formed under ORS chapter 547,
			 a water improvement district formed under ORS chapter 552, a water control
			 district formed under ORS chapter 553, or a corporation formed under ORS
			 chapter 554.
(3) "District
			 boundaries" means the extent and fixed limit of district jurisdictional
			 authority under state law described by metes and bounds, public land survey, or
			 assessor's map and tax lot numbers.
(4) "Enlargement" means an expansion of a
			 water right and includes, but is not limited to:
(a) Using a greater rate or duty of water per
			 acre than currently allowed under a right;
(b) Increasing the acreage irrigated under a
			 right;
(c) Failing to keep the
			 original place of use from receiving water from the same source; or
(d) Diverting more water at the new point of
			 diversion or appropriation than is legally available to that right at the
			 original point of diversion or appropriation.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-2000 - Application for Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-2200 - Map Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A map
			 certified by the district but which need not be prepared and stamped by a
			 certified water right examiner shall be included with each district transfer
			 application. The map shall meet the following criteria:
(a) The map shall be of permanent quality and
			 shall be printed with dark ink on a white or clear medium that is easily
			 reproduced on a standard copy machine. Color copies that cannot be easily
			 interpreted when copied to black and white will not be accepted except as
			 described in subsection (1)(c) of this rule.
(b) The preferred map size is 8 1/2" x 11"
			 (letter) at the scale of the final proof or adjudication map for the existing
			 right of record, with supplemental detail maps as needed. If a larger map is
			 required to provide sufficient detail, a size of 8 1/2" x 14" (legal) or 11" x
			 17" (oversized) may be used.
(c)
			 Notwithstanding subsection (1)(a) and (b) of this rule, a district may submit
			 the following types of map to satisfy the application map requirement:
(A) A digital map on a medium and in a format
			 acceptable to the Department; or
(B) A map containing color elements or up to
			 30" x 30" in size provided five copies of the map are submitted with the
			 application.
(d) The map
			 scale shall be:
(A) 1" = 400';
(B) 1" = 1,320';
(C) The scale of the final proof or
			 adjudication map for the existing right of record, or of the map previously
			 approved by the department as part of a petition under ORS
			 541.329;
(D) The scale of the county assessor map if
			 the scale is not smaller than 1" = 1,320'; or
(E) Another standard engineering scale if the
			 Department grants advance written or e-mail approval of the use of the
			 scale.
(e) Horizontal
			 field accuracy shall be consistent with standard surveying practices for the
			 purpose of locating and quantifying water rights.
(f) The map shall be plotted to the accuracy
			 consistent with the map scale.
(g)
			 The locations of points of diversion and places of use shall be described by
			 bearing and distance, distance north or south and east or west from a
			 recognized survey corner, or by latitude-longitude coordinates.
			 Latitude-longitude coordinates shall be expressed as either:
(A) Degrees-minutes-seconds with at least one
			 digit after the decimal in the seconds portion (e.g., 42° 32' 15.5");
			 or
(B) Degrees-decimal with five or
			 more digits after the decimal (e.g., 42.53764°).
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-3000 - District Temporary Transfer Criteria Renumbered from 690-021-0020

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-3100 - Types of District Temporary Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.570
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-3110 - Temporary Change in Place of Use

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  536.025 & ORS
				  536.027
Stats. Implemented: ORS
				  540.570
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-3120 - Temporary Change in Type of Use of a Water Right to Store Water

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.570
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-3130 - Temporary Change in Type of Use from a Primary Right to a Supplemental Right

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.570
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-3140 - Temporary Change in Point of Diversion or Appropriation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  536.025 & ORS
				  536.027
Stats. Implemented: ORS
				  540.570
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-3145 - Temporary Change in Point of Diversion in Response to an Emergency

Current through Register Vol. 63, No. 7, July 1, 2024
(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.