Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 315 - WATER RIGHT PERMIT EXTENSIONS › Section 690-315-0020 - Application for Extension of Time for Other Than Municipal and Quasi-Municipal Water Use Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under this
			 rule, water right permit holders for other than municipal or quasi-municipal
			 uses may apply to the Department for extensions of time to complete
			 construction and/or apply the water to the full beneficial use pursuant to ORS
			 537.230 or
			 537.630.
(2) To apply for an extension of time to
			 complete construction and/or to apply the water to the full beneficial use, a
			 water right permit holder shall submit to the Department a completed extension
			 application. A separate application must be completed for each permit.
			 Application forms are available from the Department.
(3) The completed application must include
			 the fee specified in ORS
			 536.050 and an application form
			 setting forth:
(a) The name and mailing
			 address of the water right permit holder(s);
(b) The permit number for which an extension
			 is requested;
(c) If the water
			 right permit holder receives delivery of the subject water right permit from a
			 municipality, municipal corporation, or other special district, the applicant
			 shall provide the name of the entity and evidence that a copy of the
			 application for extension of time has been provided to the entity responsible
			 for delivering the water;
(d)
			 Evidence of the actions taken to begin actual construction within the time
			 period in the permit or previous extension:
(A) "Actual construction" means physical work
			 performed towards completion of the water system, which demonstrates both the
			 present good faith of the water right permit holder and the water right permit
			 holder's intention to complete the project with reasonable diligence;
(B) "Actual construction" does not include
			 planning a diversion system, formulating a business plan, securing financing,
			 letting contracts, purchasing but not installing equipment, or
			 surveying.
(e) Evidence
			 of progress made toward completion of the water development and application to
			 full beneficial use, which includes but is not limited to:
(A) The annual accomplishments toward
			 perfecting the water right under the terms and conditions of the permit,
			 including the dates on which each condition contained in the relevant permit
			 and any previous extension(s) was satisfied or the reason the condition was not
			 satisfied;
(B) The maximum rate, or
			 duty if applicable, of diversion, if any, made to date; and
(C) If for irrigation, a listing by year of
			 the number of acres irrigated each year since permit issuance, the total number
			 of acres irrigated to date under the permit or previous extension, and a copy
			 of the application map showing the acres irrigated.
(f) A description of financial expenditures
			 made toward completion of the water development;
(g) An estimate of the cost to complete the
			 water development;
(h) A summary of
			 any additional unforeseen events which delayed completion of the water
			 development or application of water to full beneficial use, including other
			 governmental requirements, if any, relating to the project which have
			 significantly delayed completion of construction or perfection of the
			 right;
(i) The date by which the
			 water development will be completed and water put to full beneficial
			 use;
(j) A summary of the
			 applicant's plan and schedule to complete construction and/or perfect the water
			 right;
(k) Justification of why the
			 requested time in subsection (i) is needed to complete the project and/or apply
			 the water to full beneficial use;
(l) A description of any undue hardship to
			 the applicant which will result from denial of the extension, and that there
			 are no other reasonable alternatives for meeting water use needs;
(m) Any other information the applicant
			 determines is relevant to evaluate the application in accordance with
			 applicable statutes and these rules; and
(n) Any other information required in the
			 application form that is necessary to evaluate the application in accordance
			 with applicable statutory requirements.