reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-0090 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
The rules in OAR 690, division 380 shall apply to all
				applications received by the Department after July 1, 2003 and all transfers
				for which a final order has not been issued by the Department by July 1, 2003
				except as follows:
(1) Until July 1,
			 2003, the Department shall accept applications that conform to the requirements
			 of either OAR 690-380-3000  or 690-015-0060  as adopted by the Commission in June
			 1996.
(2) Notice of receipt of an
			 application pursuant to OAR 690-380-4000(3)  shall not be required if notice of
			 the application has previously been published in the Department's weekly notice
			 pursuant to OAR 690-015-0080(1)  as adopted by the Commission in June
			 1996.
(3) Until July 1, 2003 or if
			 protests are filed during the period described in OAR 690-015-0080  as adopted
			 by the Commission in June 1996, at the discretion of the Director, the
			 Department may:
(a) Prepare a preliminary
			 determination and initiate the procedures described under OAR 690-380-4010  to
			 690-380-4200; or
(b) Issue a final
			 order pursuant to OAR 690, division 15 as adopted by the Commission in June
			 1996.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-0100 - 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
				380. Where a term is defined in more than one rule, the definition in this rule
				applies.
(1) "District" means an
			 irrigation district formed under ORS Chapter 545, a drainage district formed
			 under Chapter 547, a water improvement district formed under Chapter 552, a
			 water control district formed under Chapter 553 or a corporation organized
			 under Chapter 554.
(2)
			 "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 380 - WATER RIGHT TRANSFERS › Section 690-380-3000 - Application for Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
Each transfer application shall be prepared in ink or
				typewritten on forms provided by the Department. Applications shall contain the
				following information concerning the primary water right and any appurtenant
				supplemental water right or permit, if applicable:
(1) Applicant's name, mailing address, and
			 telephone number.
(2) Type of
			 change proposed.
(3) Name appearing
			 on permit, certificate, decree or proof of appropriation.
(4) Name of decree and certificate number, if
			 applicable.
(5) Permit number and
			 certificate number, if applicable.
(6) Source of water (from permit, decree or
			 certificate).
(7) Date of
			 priority.
(8) The existing and
			 proposed points of diversion or appropriation located accurately in reference
			 to a public land survey corner.
(9)
			 The authorized existing use of water.
(10) A description of the current water
			 delivery system that demonstrates that the applicant is ready, willing, and
			 able to exercise the right and includes information on the capacity of any
			 pumps, canals, and pipelines used to divert and convey the water to the
			 authorized use.
(11) The authorized
			 place of use identified by its location within the public land survey and tax
			 lot number.
(12) Evidence that the
			 water has been used over the past five years in accordance with the terms and
			 conditions of the right or that the right is not subject to forfeiture under
			 ORS 540.610. The evidence shall
			 include the following information:
(a) If the
			 right has been used during the past five years, one or more affidavits from
			 persons, such as the owner or operator, a neighbor, crop field person for a
			 cannery or other product buyer, or Natural Resources Conservation Service
			 (NRCS) representatives, who can attest from personal knowledge or professional
			 expertise that the right was exercised at the authorized location and for the
			 authorized purpose. Such affidavits shall state the specific grounds for the
			 affiant's knowledge, the specific use to which the water was put (e.g., the
			 crops grown, the nursery stock watered), and the delivery system used to apply
			 the water and include supporting documentation such as:
(A) Copies of receipts from sales of
			 irrigated crops or for expenditures relating to use of water;
(B) Records such as Farm Service Agency crop
			 reports, irrigation district records, an NRCS farm management plan, or records
			 of other water suppliers; or
(C)
			 Dated aerial photographs of the lands or other photographs containing
			 sufficient detail to establish the location and date of the photograph,
			 or
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-3050 - Additional Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of clarifying the water
			 right record, the Department shall require the applicant to provide the
			 additional information in section (2) of this rule if:
(a) The proposed transfer involves rights for
			 lands under more than one ownership and not all of the owners are applicants;
			 or
(b) The final proof survey maps
			 on file with the Department for any quarter-quarter section in which lands
			 involved in the proposed transfer are located do not adequately describe the
			 location of the place of use or the associated priority dates of the associated
			 water rights.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-3100 - Map Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A map
			 shall be included with a transfer application as required under OAR
			 690-380-3000. The map shall meet the following criteria:
(a) Except as otherwise provided under OAR
			 chapter 690, division 380 or 382, the map shall be prepared by a certified
			 water right examiner.
(b) The map
			 shall be of permanent quality and shall be printed with dark ink on a good
			 quality paper 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.
(c) 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.
(d) Notwithstanding subsection (1)(c) of this
			 rule, a map size of up to 30" x 30" may be used if one additional copy is
			 submitted.
(e) 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;
(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.
(f) Horizontal
			 field accuracy shall be consistent with standard surveying practices for the
			 purpose of locating and quantifying water rights.
(g) The map shall be plotted to the accuracy
			 consistent with the map scale.
(h)
			 The locations of points of diversion or appropriation and places of use shall
			 be described by distance and bearing or coordinates (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., 421/4 32' 15.5");
			 or
(B) Degrees-decimal with five or
			 more digits after the decimal (e.g., 42.537641/4).
(i) If the proposed transfer involves changes
			 in place of use or character of use for more than three water rights, a
			 separate map shall be provided for each water right.
(j) If existing final proof survey maps on
			 file with the Department accurately identify the points of diversion or
			 appropriation and the place of use for the water rights affected by the
			 proposed transfer and include the information described in section (2) of this
			 rule, on advance written or e-mail approval by the Department, the existing
			 final proof survey maps may be submitted to meet the requirements of OAR
			 690-380-3000(18).
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-3200 - District May Submit Application for Water Users

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A district, authorized to act on behalf
			 of its members, may apply for a water right transfer under the provisions of
			 ORS 540.520. If the proposed change
			 is for other than a change in point of diversion or appropriation, the
			 application shall contain a notarized statement from the owner of the right
			 authorizing the proposed change.
(2) An application for a change in the place
			 of use of water rights managed by a district may be made pursuant to OAR
			 chapter 690, division 385.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.510 -
				  540.520
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-3220 - Separate Application Required for Each Water Right

Current through Register Vol. 63, No. 7, July 1, 2024
For changes involving more than one landowner or water use
				subject to transfer, a separate transfer application is required for each water
				use subject to transfer from each landowner involved, except under the
				following circumstances:
(1) A change
			 in point or points of diversion or appropriation to a new common point of
			 diversion or appropriation for a delivery system serving multiple rights or
			 multiple ownerships.
(2) A change
			 in use or place of use of all rights on a single parcel from all
			 sources.
(3) A change in use or
			 place of use from as many as four land owners may be allowed within a district.
			 Such a change must be for the same water right and not total more than 10 acres
			 transferred.
(4) Transfers between
			 two parcels using water from the same source.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.520
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-3400 - Waiver of Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The Director shall waive $100 or 50 percent of the application
				fee, whichever is greater, for that portion of a change to a water right permit
				under ORS 537.211(4) or a
				water right subject to transfer under
				540.520 or
				540.523, that is:
(1) To establish an instream water right
			 pursuant to ORS 537.348;
(2) Is necessary to complete a project funded
			 by the Oregon Watershed Enhancement Board under ORS
			 541.375; or
(3) Determined and endorsed in writing by
			 ODFW as a change that will result in a net benefit to fish and wildlife
			 habitat.
Stat. Auth.: ORS
				  536.025 & ORS
				  536.027
Stats. Implemented: ORS
				  540.510 - ORS
				  540.532
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-3410 - Waiver of Mapping Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Director may waive or assist the applicant in satisfying the requirements
			 of OAR 690-380-3100  for a change to a water right subject to transfer under ORS
			 540.520 or
			 540.523, if the change is:
(a) To establish an instream water right
			 pursuant to ORS 537.348;
(b) Necessary to complete a project funded by
			 the Oregon Watershed Enhancement Board under ORS
			 541.375; or
(c) Determined and endorsed in writing by
			 ODFW as a change that will result in a net benefit to fish and wildlife
			 habitat.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-4000 - Request for Comments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On
			 receipt of an application for transfer, the Department shall review the
			 application to determine if the applicant has included the information required
			 by OAR 690-380-3000  and if the water rights proposed for transfer are water
			 uses subject to transfer as defined in ORS
			 540.505(4) and
			 OAR 690-380-0100(14).
(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
			 applicant 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 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 690-380-3000(21).
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-4010 - Preliminary Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After
			 the conclusion of the public comment period described in OAR 690-380-4000(4),
			 the Department shall prepare a preliminary determination of whether the
			 application should be approved or denied taking into account comments received
			 in response to the notice provided under OAR 690-380-4000  and the
			 considerations described in section (2) of this rule.
(2) The Department's preliminary
			 determination shall include an assessment of whether:
(a) The right has been used over the past
			 five years according to the terms and conditions of the right and that the
			 right is not subject to forfeiture under ORS
			 540.610;
(b) The water user is ready, willing and able
			 to use the full amount of water allowed under the right;
(c) The proposed transfer would result in
			 enlargement;
(d) The proposed
			 transfer would result in injury; and
(e) Any other requirements for water right
			 transfers are met.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-4020 - 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 transfer
			 application and 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 water uses subject to transfer are 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 each person who submitted comments under OAR
			 690-380-4000(3).
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-4030 - 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 690-380-4020, whichever is later:
(a) Any person may file, jointly or
			 severally, with the Department, a protest or standing statement; and
(b) If the Department's preliminary
			 determination is that a proposed change in point of diversion or appropriation
			 would result in injury, the applicant may file a notification of intent to
			 pursue approval of the transfer under OAR 690-380-5030  to
			 690-380-5050.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-4200 - Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a protest is
			 filed under OAR 690-380-4030, 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 stipulate otherwise; and
(b) If a protest has asserted that a 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.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-5000 - Approval of Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 transfer application shall be approved if the Department determines that:
(a) The water right affected by the proposed
			 transfer is a water use subject to transfer as defined in ORS
			 540.505(4) and
			 OAR 690-380-0100(14)  and, for a right described under 690-380-0100(14)(d), the
			 proof of completion has been approved under 690-380-6040;
(b) The portion of the water right to be
			 transferred is not cancelled pursuant to ORS
			 540.610;
(c) The proposed transfer would not result in
			 enlargement as defined in OAR 690-380-0100(2);
(d) Except as provided in OAR 690-380-5030,
			 the proposed transfer would not result in injury as defined in 690-380-0100(3);
			 and
(e) Any other requirements for
			 water right transfers are met.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-5030 - Approval of Injurious Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may approve a transfer of a point of diversion
				or appropriation that would injure another water right if:
(1) For any water right other than an
			 instream water right, the applicant files an affidavit from every holder of the
			 injured water rights consenting to the change that conforms to OAR
			 690-380-5040, and
(2) For any
			 instream water right held by the Department pursuant to ORS
			 537.336 or
			 537.346, the Department consents
			 to the change after complying with the provisions of OAR
			 690-380-5050.
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 690-380-5040 - Affidavits of Consent

Current through Register Vol. 63, No. 7, July 1, 2024
An affidavit consenting to a proposed change in point of
				diversion under OAR 690-380-5030(1)  shall be notarized and shall include
				statements that the affiant:
(1) Is
			 the holder of a water right that the Department has determined would be
			 injured;
(2) Has reviewed the
			 preliminary determination or proposed order of the Department concluding the
			 transfer would result in injury and recognizes the nature of the
			 injury;
(3) Understands that
			 approval of the proposed transfer may permanently reduce the quantity of water
			 available for use under the water right; and
(4) Consents to the injury resulting from the
			 proposed change in point of diversion or appropriation.
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 690-380-5050 - Consent to Injury of Instream Water Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the applicant notifies the Department
			 that the applicant intends to pursue consent to injury to an instream water
			 right, the Department shall seek a recommendation from the agency that
			 requested the instream water right.
(2) In requesting a recommendation under
			 section (1) of this rule, the Department shall provide to the appropriate
			 agency a copy of the preliminary determination issued under OAR 690-380-4010  or
			 proposed order issued after hearing and, to facilitate the analysis of
			 cumulative impacts, identify any previously approved transfers injuring the
			 same instream water right as the proposed transfer.
(3) If the agency that requested the instream
			 water right recommends that the Department consent to injury, the agency's
			 recommendation shall be in writing and include:
(a) A description of the extent of the injury
			 to the instream water right;
(b) A
			 description of the effect of the injury on the resource;
(c) An evaluation of the net benefit that
			 will occur as a result of the proposed change that includes an analysis of the
			 cumulative impact of any previously approved changes that injured the instream
			 water right; and
(d) Any proposed
			 conditions necessary to ensure that the proposed change will be consistent with
			 the recommendation.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-5060 - Fish Screening and By-Pass Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 540.525, when an application for
			 a change in point of diversion is received, the Department shall consult with
			 the ODFW to determine whether a fish screening or by-pass 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:
(a) Equipped with an appropriate fish screen
			 or by-pass device; or
(b) Included
			 in the list of priority screening projects established under section 8, chapter
			 933, Oregon Laws 1989.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-5100 - 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 transfers except as specified in OAR 690-005-0025  and 690-380-3000(19).
(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 transfer 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 690-380-4000.
Stat. Auth.: ORS 197,
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.510 -
				  540.531
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-5110 - Original Right Terminated

Current through Register Vol. 63, No. 7, July 1, 2024
Approval of a change in use or place of use terminates the
				right to use water for the existing character of use or place of use under the
				original water right as described in the transfer application form required
				under OAR 690-380-3000.
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 690-380-5120 - Multiple Primary Water Rights on the Same Lands

Current through Register Vol. 63, No. 7, July 1, 2024
If the water right records show two or more irrigation 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.
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 690-380-5130 - Assignment or Change of Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a change of ownership or interest
			 occurs in lands described by a transfer application or by an order approving a
			 transfer, the record holder may request the director to record an assignment to
			 the new owner.
(2) If the record
			 holder is not available, the new owner may furnish proof of ownership to change
			 the Department's records for that transfer. The Department shall also record a
			 change in ownership to an heir or devisee under a will upon receiving proof of
			 death of the record holder, or to a trustee upon receiving proof of a transfer
			 to trust by the record holder. Proof of ownership of the involved lands shall
			 include but not be limited to one or more of the following documents:
(a) A deed to the land;
(b) A land sales contract;
(c) Documentation of survivorship of property
			 held jointly; or
(d) A court order
			 or decree.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-5140 - Time for Completion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall fix a time limit in the order authorizing a change of
			 character of use, place of use or point of diversion or appropriation within
			 which the approved changes may be completed.
(2) Extensions of time to complete a transfer
			 may be granted pursuant to OAR 690-380-6020.
(3) 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). The
			 time for completion of the change requested in a transfer application is one
			 full year plus the time until the next October 1. The time for completion of
			 the change of a municipal or quasi-municipal right is five years plus the time
			 until the next October 1. A longer time for completion may be allowed if the
			 applicant can justify the need for a longer period of time.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.530
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-6010 - Failure to Complete a Transfer as Grounds for Cancellation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon approval
			 of a change in use or place of use, the water use subject to transfer is
			 considered 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 applied to beneficial use under the terms of the transfer order for
			 change in use or place of use, or within any extension of time allowed for
			 completion, is lost.
(3)
			 Non-completion of a change in point of diversion or appropriation does not
			 forfeit the water use subject to transfer. However, upon expiration of the time
			 allowed for completion, the water use shall again become subject to forfeiture
			 pursuant to the provisions of ORS
			 540.610.
(4) For a change in point of diversion or
			 appropriation, the claim of beneficial use shall identify the lands served by
			 the new point of diversion or appropriation using:
(a) The existing final proof survey map for
			 the right of record; or
(b) Another
			 map prepared in accordance with OAR chapter 690, division 14.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-6020 - Extension of Time

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An order
			 authorizing a water right transfer sets a time limit in which to beneficially
			 use the water. If the transfer is not completed within the time limit, the
			 owner may file an application for an extension of time. The application shall
			 contain sufficient information for the director to determine reasonable
			 diligence in the attempt to complete the project within the initial time
			 allowed.
(2) If multiple receiving
			 owners are involved, a separate application is required from each receiving
			 owner requesting an extension.
(3)
			 Extensions are granted for one year, from October 1 to October 1 of each year.
			 An extension for up to five years may be granted for transfers involving
			 municipal or quasi-municipal use. Extensions may be granted for longer time if
			 the applicant can justify the need for a longer period of time by submission of
			 pertinent evidence.
(4) 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 690-380-5140. Reasonable diligence
			 shall include, but is not limited to:
(a) The
			 purchase and installation of water delivery system;
(b) The expansion or restructuring of the
			 existing delivery system;
(c)
			 Actual use of a portion of the water according to the terms of the transfer
			 order; or
(d) For municipal,
			 quasi-municipal and group domestic uses only, the continued increase in
			 population and number of service connections.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-6030 - Proof Of Use; Noncompliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For transfers requested prior to July 10, 1987, at such time given in the order
			 approving the transfer for complete application of water, the director may have
			 the subject property inspected and shall issue a certificate of water right
			 confirming the water right to the extent it has been re-established by use
			 under the terms of the order approving the transfer. The owner may either hire
			 a certified water right examiner to prepare the map and report required for
			 his/her claim of Beneficial Use or wait for the Department to conduct a final
			 proof survey on its own schedule.
(2) Transfers requested on or after July 10,
			 1987 shall have a Claim of Beneficial Use report and map prepared by a
			 certified water right examiner in accordance with OAR chapter 690, division
			 14.
(3) If any property described
			 in the order approving the transfer application is not included in the request
			 for a water right certificate, the owners of the transfer shall provide to the
			 Department the name and address of the landowner of that property.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.530
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-6040 - Proof of Completion of Change

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The director shall issue a certificate of water right upon satisfactory proof
			 of completing the change or changes authorized by a transfer approval order.
			 Satisfactory proof shall be one of the following:
(a) A determination by the Department that
			 appropriation of water to beneficial use under the terms of the transfer
			 approval order was completed to the extent authorized; or
(b) A determination by the Department that
			 appropriation of water to a beneficial use under the terms of the transfer
			 approval order was completed to an extent less than authorized. Such
			 determination shall constitute proof for that portion of the
			 appropriation.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-6050 - Waiver of Proof of Completion

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Director may waive any of the proof of completion requirements of OAR
			 690-380-6040, if:
(a) The waiver of the
			 mapping requirements has been previously approved under OAR 690-380-3410;
			 or
(b) The Director determines that
			 other circumstances are present that make any of the requirements for proof of
			 completion unnecessary and the transfer complies with the requirements of OAR
			 690-380-3410  for a waiver of mapping requirements.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-6060 - Petition for Reconsideration

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A petition for reconsideration of the content of a proposed certificate may be
			 submitted in writing to the Department by the transferee or landowner. 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 690-380-6040(2)  for a transferee
			 or landowner 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;
(b) Schedule field verification of the
			 requested changes and pursuant thereto approve or deny the request;
			 or
(c) Deny it by a letter to the
			 requesting person.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-8000 - Temporary Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
Any person who holds a water use subject to transfer may
				request that the Department approve:
(1) For a period of not to exceed five years,
			 a temporary transfer of:
(a) Place of use and,
			 if necessary to convey the water to the new temporary place of use, point of
			 diversion or appropriation; or
(b)
			 Character of use of a right to store water, or
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-8002 - Temporary Transfer Applications under OAR 690-380-8000(1)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications
			 for a temporary transfer under OAR 690-380-8000(1)  shall be on the Department's
			 water right transfer application form, shall be clearly marked "Temporary
			 Transfer," and shall include the following:
(a) The information required in OAR
			 690-380-3000;
(b) The length of
			 time for which the change is being requested;
(c) The appropriate fee pursuant to ORS
			 536.050; and
(d) A map prepared pursuant to the
			 requirements of OAR 690-380-3100, except it need not be prepared by a certified
			 water right examiner.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-8004 - Temporary Transfer Applications under OAR 690-380-8000(2)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications
			 for a temporary transfer under OAR 690-380-8000(2)  shall be on the Department's
			 water right transfer application form, shall be clearly marked "Temporary
			 Transfer," and shall include the following:
(a) The information required in OAR
			 690-380-3000;
(b) The length of
			 time for which the change is being requested;
(c) The appropriate fee for the transfer
			 pursuant to ORS 536.050;
(d) A map prepared pursuant to the
			 requirements of OAR 690-380-3100, except it need not be prepared by a certified
			 water right examiner;
(e) Where
			 applicable, a description of the use of any portion of the water right not
			 proposed to be transferred under OAR 690-380-8000(2);
(f) Evidence that an agreement exists between
			 the landowner, district, and receiving municipality if the water right to be
			 temporarily transferred is served by a district.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-8010 - Seasonal Use

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in OAR 690-380-8004, the lands from which
				the water use subject to transfer is removed shall receive no water, under the
				appurtenant rights, during the period of a temporary transfer. In the case of a
				temporary transfer approved during the season for which there is a specified
				season of use, such as the irrigation season, the lands from which the water
				use subject to transfer is being removed shall have received no water, under
				the appurtenant rights, during that season, including water used prior to the
				approval of the temporary transfer. If the lands have received water, under the
				appurtenant rights, during that season, the temporary transfer may not take
				effect until the following season.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.523
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-8020 - Supplemental Water Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an
			 application for a temporary transfer of the place of use is filed with the
			 Department, the applicant also shall indicate whether the land described in the
			 application has an appurtenant supplemental water right or permit. The
			 applicant shall also indicate whether the supplemental water right or permit is
			 intended to be temporarily transferred with the primary water right or to
			 remain unexercised at the place of use as described in the original water right
			 during the period of the temporary transfer.
(2) If the applicant also intends to
			 temporarily transfer the supplemental water right or permit, the applicant
			 shall include the information required under OAR 690-380-3000  and 690-380-8000  for the supplemental water right or permit.
(3) If an existing supplemental water right
			 or permit is not included in the temporary transfer application, the Department
			 shall notify the applicant and the landowner, as identified under OAR
			 690-380-3000(14), that the order approving the temporary transfer of the
			 primary water right will not allow the exercise of the supplemental water right
			 or permit.
(4) The notice shall
			 contain the following:
(a) A description of
			 the supplemental water right or permit and the land to which it is
			 appurtenant;
(b) A statement that
			 the applicant and landowner, as identified under OAR 690-380-3000(14), has 30
			 days, from the date of the notice, to either modify the application to include
			 the supplemental water right, or withdraw the application;
(c) A statement that, unless the applicant
			 complies with subsection (4)(b) of this rule, the order approving the
			 application for the temporary transfer of the primary water right will not
			 allow the exercise of the supplemental water right or permit.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-9000 - Clarification of Water Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 the Director decides that a certificate of water right does not identify the
			 lands to which the right is appurtenant with sufficient specificity for
			 management, delivery, or transfer of that right, the Director may issue an
			 order clarifying and defining the description of the land to which the right is
			 appurtenant.
(2) A clarification
			 order may not reduce the rate, duty or number of acres stated in the perfected
			 right. The sole purpose of the order is to better define the location to which
			 the water right is appurtenant.
(3)
			 Any order issued under this section shall be served on the legal owner of the
			 land to which the water right is appurtenant and on the occupant of the land,
			 by certified mail, return receipt requested. If the owner or occupant files a
			 written request for a hearing within 30 days after service of the order, the
			 Director or the Director's authorized assistant shall conduct a hearing of the
			 matter under the provisions of ORS
			 183.413 to
			 183.484.
(4) If no exceptions or objections to a
			 proposed order issued under this rule are filed within the time allowed, the
			 Director shall issue a final order. Said final order shall be filed with the
			 certificate that the order clarifies. For all purposes, the final order shall
			 constitute the description of the land to which the water right is
			 appurtenant.
Stat. Auth.: ORS 183, ORS 339, ORS 536, ORS 537, ORS 540  & ORS 649
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-2000 - Types of Permanent Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
Permanent water right transfers include:
(1) A change in the point of diversion or
			 appropriation pursuant to OAR 690-380-2110, 690-380-2120  and
			 690-380-2130;
(2) A change in the
			 place of use pursuant to OAR 690-380-2200, 690-380-2250, and
			 690-380-2260;
(3) A change in the
			 character of use pursuant to OAR 690-380-2300; 690-380-2320, 690-380-2330, and
			 690-380-2340; and
(4) A change
			 involving municipal water rights pursuant to OAR 690-380-2410, 690-380-2420,
			 and 690-380-2430.
Stat. Auth.: ORS
				  536.025 & ORS
				  536.027
Stats. Implemented: ORS
				  540.510 - ORS
				  540.532
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-2110 - Change in Point of Diversion or Point of Appropriation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No change in point of diversion or
			 appropriation may be made except as described under OAR 690-380-0010  or as
			 approved or recognized by the Department through a water right transfer, permit
			 amendment under ORS 537.211, or certificate of
			 registration modification under OAR chapter 690, division 382.
(2) Except as provided in ORS
			 540.531 and OAR 690-380-2130, a
			 change in point of diversion is restricted to the same source of surface water.
			 A change in point of appropriation under a water right or certificate of
			 registration modification is restricted to the same aquifer.
(3) As provided in ORS
			 450.695(2), a
			 water authority may change the points of diversion or appropriation or move the
			 water intake sources of the water use permits or certificates conveyed to it by
			 the districts and municipalities that formed the water authority. For the
			 purposes of this subsection, moving a water intake source is the same as
			 changing the location of a point of diversion. Water authorities shall be
			 subject to the following requirements:
(a) A
			 request by a water authority to change the location of a point of diversion or
			 appropriation from that authorized by a water right certificate shall be made
			 pursuant to ORS Chapter 540 and Chapter 690, division 380 transfer
			 rules;
(b) A request by a water
			 authority to change the location of a point of diversion or appropriation
			 authorized by a water use permit, as defined in OAR 690-380-0100(14)(c), shall
			 be subject to the same statutory and administrative review criteria prescribed
			 by ORS Chapter 540 and chapter 690, division 380 transfer rules for water uses
			 subject to transfer; and
(c) A
			 request by a water authority for changes in the point of diversion or
			 appropriation for water right permits other than those covered under subsection
			 (3)(b) of this rule, shall be made pursuant to ORS
			 537.211.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-2120 - Change in Point of Diversion to Reflect Historical Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As provided in ORS
			 540.532, any individual who
			 holds a water right certificate or decree may request a change in point of
			 diversion or appropriation to reflect the historical use of water at a point of
			 diversion or appropriation other than that described in the water right
			 certificate or decree. The individual shall use the Department's water right
			 transfer application form, clearly marked "Historic Change in POD," and, except
			 as otherwise provided in section (2) of this rule, include the information
			 required in OAR 690-380-3000.
(2)
			 An individual requesting a change in the point of diversion or appropriation
			 under section (1) of this rule shall provide to the Department the following
			 additional information:
(a) Evidence that the
			 actual, current point of diversion or appropriation for the water right in
			 question has been in use for more than 10 years;
(b) A map meeting the requirements of OAR
			 690-380-3100, except that it need not be prepared by a certified water rights
			 examiner. The map shall be of sufficient detail and clarity to identify the
			 true point of diversion or appropriation including but not limited to:
(A) The county tax lot number, township,
			 range and section, and to the nearest quarter-quarter section or latitude and
			 longitude as established by a global positioning system; and
(B) The locations of the point of diversion
			 or appropriation as specified in the water right certificate or decree and the
			 actual, current point of diversion or appropriation;
(c) Evidence that there has been no claim of
			 injury prior to the request for the change in point of diversion or
			 appropriation. The evidence shall include a statement from the local
			 watermaster, based upon the watermaster's knowledge and Department records,
			 that no complaint of injury has been made due to the use of water at the
			 actual, current point of diversion or appropriation.