Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 30 - CONTESTS IN THE ADJUDICATION OF WATER RIGHTS › Section 690-030-0085 - Amendment or Alteration of Claim

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in Sections (2)
			 through (12) of this rule, the Water Resources Director (Director) may not
			 permit any alteration or amendment of the original claim after the period for
			 inspection has commenced; but any new matter that the claimant may wish to set
			 forth must be set forth in the form of an affidavit, regularly verified before
			 a proper officer and filed with the Director prior to the close of the period
			 for public inspection.
(2) A
			 claimant may add to the claim additional point(s) of diversion or change the
			 location of the point(s) of diversion as described in the claim, as long as the
			 following conditions are satisfied:
(a) The
			 claimant must file the request for the proposed additional or relocated
			 point(s) of diversion with the Director before diverting water from the
			 additional or relocated point(s) of diversion. The request must include the
			 number of the claim for which the requested additional or relocated point(s) of
			 diversion is being made. The request must be set forth in a verified affidavit.
			 For each point of diversion included in the requested amended claim, whether
			 additional, relocated, or previously claimed, the request must also identify
			 for each type of use claimed, the rate of diversion and the number of acres
			 served within each quarter/quarter section.
(b) At the time the claimant files a request
			 as specified in Section (2)(a), the claimant must provide a map prepared by a
			 Certified Water Rights Examiner showing the original point(s) of diversion and
			 all additional or relocated point(s) of diversion proposed in the request. If
			 the request proposes more than one point of diversion serving the claim, the
			 map must identify which lands or uses are served by each diversion point. The
			 map must conform to the standards set forth in OAR 690-014-0170.
(c) The additional or relocated point(s) of
			 diversion may not be upstream from the point(s) of diversion described in the
			 claim.
(d) Use of water from the
			 additional or relocated point(s) diversion must not increase the total claimed
			 rate, duty, acreage benefited, or season of use.
(e) The amount of water to be diverted from
			 all points of diversion included in the requested amended claim is limited to
			 no more than the rate and duty of water that was previously claimed and is
			 lawfully available for use by the claimant at the original point of
			 diversion.
(f) The additional or
			 relocated point(s) of diversion may not be located on a different source than
			 the source identified in the original claim. For the purposes of 690-030-0085,
			 a downstream source does not constitute a different source, even where the
			 source has a different name at the downstream location, if the source of the
			 original diversion is on the mainstem of or a tributary to the source for the
			 additional or relocated downstream point(s) of diversion.