reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-3150 - Temporary Change from Surface Water Point of Diversion to Ground Water Appropriation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 district may, in accordance with the standards established by ORS
			 540.531(2),
			 apply to transfer a point of diversion to allow the appropriation of
			 groundwater. An application for such a transfer is subject to the requirements
			 under section (2) of this rule.
(2)
			 The Department may allow the transfer of the point of diversion under section
			 (1) of this rule if the district temporary transfer application demonstrates:
(a) The new point of diversion appropriates
			 groundwater from an unconfined aquifer that is hydraulically connected to the
			 authorized surface source;
(b) The
			 use of water at the proposed 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
(c)
			 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
(d) 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 is subsections (2)(a) to
			 (c) of this rule.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-3200 - District Temporary Transfer Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each district temporary transfer
			 application shall contain the standard information required by OAR
			 690-385-2000.
(2) Pursuant to ORS
			 540.570(3), a
			 district temporary transfer application shall include a statement certifying
			 the district notified each affected user that the Department may condition or
			 revoke a district temporary transfer, at any time, upon determining the change
			 results in injury to an existing water right.
(3) In addition to the standard application
			 information required under OAR 690-385-2000, temporary district transfer
			 applications shall include the following information:
(a) For a change in point of diversion or
			 appropriation, or a change from surface water point of diversion to ground
			 water appropriation, the application shall include:
(A) The existing and proposed points of
			 diversion or points of appropriation located accurately in reference to a
			 public land survey corner.
(B) If
			 the request is for a change in point of appropriation, or a change in point of
			 diversion to a ground water appropriation (well), copies of water well reports
			 for the authorized and proposed point of appropriation. Each water well report
			 shall be labeled to correctly identify and locate the well, and identify the
			 well report as either the authorized or proposed point of appropriation. If
			 water well reports are not available, a description of the construction of each
			 well, including but not limited to, well depth, static water level, casing
			 size, and any other necessary information to establish the groundwater body
			 developed or proposed to be developed.
(C) If the request is for a change in point
			 of diversion in response to an emergency, a listing of agencies, local and
			 tribal governments, and the applicable contact names with whom the applicant
			 has consulted about the change in point of diversion.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-3300 - District Temporary Transfer Application Map Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A temporary
			 district transfer application map shall meet the standards of OAR
			 690-385-2200.
(2) In addition, for
			 the following transfers, the application map shall include:
(a) For a change from a surface water point
			 of diversion to a ground water appropriation, if the proposed point of
			 appropriation is intended to serve the entire right of record, a copy of the
			 existing final proof survey or approved ORS
			 541.329(House Bill 3111) map for
			 the right of record may be submitted to satisfy this requirement. If the
			 proposed point of appropriation is not intended to serve the entire right of
			 record, the specific lands to be served shall be identified and the number of
			 acres to be served by the new point of appropriation shall be listed.
(b) For a change in type of use from primary
			 right to supplemental right, the location of the authorized and proposed place
			 of use of the water. If the use is for irrigation, nursery use, cranberry use,
			 or other similar uses, the place of use indicated on the map shall be uniquely
			 shaded or hachured to clearly identify affected lands, and shall show the
			 number of acres in each quarter-quarter section, government lot, or
			 quarter-quarter section as projected within government lots, donation land
			 claims, or other recognized public land survey subdivisions.
(c) For a change in type of use of a water
			 right to store water, a copy of the final proof map for the water right subject
			 to transfer.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-3400 - District Temporary Transfer Application Notice and Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On receipt of a
			 temporary district transfer application, the Department shall review the
			 application to determine if the district has included the information required
			 by OAR 690-385-3200  and if the water rights proposed for transfer are water
			 uses subject to transfer as defined in ORS
			 540.505(4) and
			 OAR 690-385-0100(17).
(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
			 district 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:
(a) File the application and assign it a
			 transfer number,
(b) Within 15 days
			 of receipt, notice the application in the Department's weekly publication;
			 and
(c) Request public comments on
			 the application
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-3500 - District Temporary Transfer Approval and Final Orders

Current through Register Vol. 63, No. 7, July 1, 2024
A district temporary transfer application submitted according
				to ORS 540.570 and OAR 690-385-3200 shall be approved if the Department determines that:
(1) The water right proposed for transfer is
			 subject to transfer as defined in ORS
			 540.505(4) and
			 OAR 690-385-0100(17)  and, for a right described under 690-385-0100(17)(d), the
			 proof of completion has been approved under 690-385-7600;
(2) The proposed transfer would not result in
			 enlargement as defined in OAR 690-385-0100(4);
(3) The proposed transfer would not result in
			 injury as defined in OAR 690-385-0100(6); and
(4) Any other applicable requirements for
			 district temporary water right transfers are met.
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 690-385-3520 - Fish Screening Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS 540.570, when an application
			 includes a temporary change in point of diversion, the Department shall consult
			 with ODFW to determine whether a fish screen 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 equipped with an appropriate fish
			 screen device.
(3) If requested by
			 ODFW, a condition requiring a proper fish screen device at the new point of
			 diversion shall be included in any order of the Department approving a
			 temporary change in point of diversion.
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 690-385-3600 - Appeal of a Final Order Approving a District Temporary Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
A final order approving a district temporary transfer under OAR
				690-385-3500  may be appealed by:
(1)
			 Petitioning for judicial review of the final order pursuant to ORS
			 536.075(1);
			 or
(2) Petitioning the Department
			 for reconsideration of the final order pursuant to OAR 137, division
			 004.
(3) A petition for
			 reconsideration may include a request for a stay of the final order if the
			 petition complies with the requirements of OAR 137, division 004.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  183
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-4000 - District Permanent Transfer Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				540.580, the Department may
				approve a district permanent transfer application to permanently change the
				place of use provided:
(1) The
			 proposed transfer involves the use of water on lands located within the
			 boundaries of the district;
(2) The
			 use authorized under the water use subject to transfer does not
			 change;
(3) The use of water under
			 the water use subject to transfer will not result in enlargement of the
			 right;
(4) The change in place of
			 use will not result in injury to any other existing water right; and
(5) The district submits the permanent
			 district transfer application to the Department:
(a) Before the change is allowed by the
			 district, or
(b) Prior to the end
			 of the calendar year in which the change occurred if notification of a change
			 was submitted in accordance with OAR 690-385-4100.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-4100 - Notice of District Permanent Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A district may allow a change in place of
			 use prior to the Department issuing an order approving a district permanent
			 transfer application provided:
(a) The
			 district files notice of the change in place of use under section (2) of this
			 rule prior to making the change;
(b) Prior to the end of the calendar year in
			 which the change in place of use occurs, the district submits a permanent
			 district transfer application for the change in place of use noticed according
			 to section (2) of this rule; and
(c) The district notifies each affected user
			 that the change is subject to the approval of the Department and that the
			 Department may:
(A) Direct the district to
			 cease delivery of water; or
(B)
			 Require mitigation to avoid injury to other water rights.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-4200 - District Permanent Transfer Applications

Current through Register Vol. 63, No. 7, July 1, 2024
Each district permanent transfer application shall contain the
				standard information required by OAR 690-385-2000.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  536.050,
				  540.574,
				  540.580
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-4300 - District Permanent Transfer Application Map Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A district permanent transfer application map shall meet the
				standards of OAR 690-385-2200.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.580
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-4400 - District Permanent Transfer Application Notice and Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On receipt of a
			 district permanent transfer application, the Department shall review the
			 application to determine if the district has included the information required
			 by OAR 690-385-4200  and if the water right proposed for transfer is subject to
			 transfer as defined in ORS
			 540.505(4) and
			 OAR 690-385-0100(17).
(2) If the
			 Department determines that the application does not include the required
			 information or that the water right proposed for transfer is not subject to
			 transfer, the Department shall return the application and any fees to the
			 district along with a written description of the deficiencies in the
			 application.
(3) If the Department
			 determines the application is complete and the water right proposed for
			 transfer is subject to transfer, the Department shall:
(a) File the application and assign it a
			 transfer number;
(b) Within 15 days
			 of receipt, notice the application in the Department's weekly publication;
			 and
(c) Request public comments on
			 the application.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-4500 - District Permanent Transfer Approval and Final Orders

Current through Register Vol. 63, No. 7, July 1, 2024
A district permanent transfer application submitted according
				to ORS 540.580 and OAR 690-385-4000 shall be approved if the Department determines that:
(1) The water right is subject to transfer as
			 defined in ORS 540.505(4) and
			 OAR 690-385-0100(17)  and, for a right described under 690-385-0100(17)(d), that
			 proof of completion has been approved under 690-385-7400;
(2) The proposed transfer would not result in
			 enlargement as defined in OAR 690-385-0100(4);
(3) The proposed transfer would not result in
			 injury as defined in OAR 690-385-0100(6); and
(4) Any other applicable requirements for
			 district permanent water right transfers are met.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.580
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-4580 - Original Right Terminated by Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
Issuance of a final order approving a permanent change in place
				of use terminates the right to use water at the previously authorized place of
				use.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.580
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-4600 - Protests and Requests for Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
Approval of a permanent district transfer application under OAR
				690-385-4500, may be protested:
(1)
			 Within 30 days of posting the Department's weekly notice;
(2) By any potentially affected holder of an
			 existing water right, either jointly or severally with other persons, provided
			 the protest is not by a user within a district alleging injury to the delivery
			 of water by the district; and
(3)
			 Protests shall be filed in accordance with OAR 690, division 002, and shall
			 include the fee required under ORS
			 536.050.
(4) Each person submitting a protest shall
			 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 precludes consideration of the issue during the
			 hearing.
(5) Pursuant to ORS
			 540.580, if a user within a
			 district protests approval of a permanent district transfer application under
			 OAR 690-385-4500  and alleges approval of the transfer would cause injury to the
			 delivery of water by the district, the Department shall:
(a) Refer the protest to the district to
			 resolve; and
(b) Notwithstanding
			 OAR 690-385-4700, decline to hold a hearing on the matter.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-4700 - Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a protest is
			 filed under OAR 690-385-4600, 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 water rights are
			 located unless all parties and persons who filed a protest stipulate otherwise;
			 and
(b) If a protest has asserted
			 that the 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 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-5000 - District Permanent Transfer Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				540.572, the Department may
				approve a district permanent transfer application to permanently change the
				place of use of the water right appurtenant to land no longer irrigated or
				susceptible to irrigation provided:
(1) The district employs a full-time
			 manager;
(2) The district is
			 implementing an approved water management and conservation plan consistent with
			 the requirements of OAR 690, division 086;
(3) The proposed transfer involves the use of
			 water on lands located within the boundaries of the district;
(4) The district has determined a user has
			 not made beneficial use of water for four successive years; and
(5) The district provides notice to the user
			 of intent to transfer the right and provides the user an opportunity to resolve
			 the matter in the manner described by ORS
			 540.572 and OAR 690-385-5400  and
			 690-385-5600.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.572
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-5100 - Notice of Nonuse of Water Right and Intent to Transfer Pursuant to ORS 540.572

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 submitting a district permanent transfer application under OAR 690-385-5200, a
			 district shall provide written notice to the user and any security interest
			 holders of record in the land to which the water right is
			 appurtenant.
(2) Notice shall be
			 sent by certified mail to the last known address of the user with a return
			 receipt requested.
(3) The notice
			 shall include:
(a) A statement advising the
			 user that the district has determined that the user's land is no longer
			 irrigated or susceptible of irrigation and that the district intends to submit
			 an application to permanently transfer the water right pursuant to ORS
			 540.572.
(b) A statement that the user has a 30-day
			 period, from the mailing date of the notice, in which to submit to the district
			 a written objection to the proposed transfer application;
(c) A statement that the user shall notify
			 the district, within the 30-day period described in subsection (3)(b) of this
			 rule, if the user intends to demonstrate that the nonuse is excused by one of
			 the provisions under ORS
			 540.610.
(d) A statement that the user may demonstrate
			 beneficial use of the water right by:
(A)
			 Beneficially irrigating the lands to which the water right is appurtenant prior
			 to the end of the irrigation season of the fifth consecutive year of nonuse,
			 or
(B) Making beneficial use of
			 water under one of the qualifying programs of the Water Resources Department
			 such as, but not limited to, submitting a water right transfer under OAR 690,
			 division 380 or a transfer to instream use under OAR 690, division 077, prior
			 to the end of the irrigation season of the fifth consecutive year of
			 nonuse.
(e) A general
			 description of the land according to public land survey description to which
			 the water right is appurtenant;
(f)
			 The number of acres of water right, by tax lot, for which the user is charged
			 or assessed by the district and which the district intends to propose for
			 transfer under OAR 690-385-5200;
(g) A description of the type of use
			 described by the water right of record;
(h) A list of the name and address of
			 security interest holders of record in the land to which the water right is
			 appurtenant; and
(i) A request for
			 the user to respond confirming that the information in the notice is
			 correct.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-5200 - District Permanent Transfer of Water Right for Nonuse Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each district
			 permanent transfer of water right for nonuse application shall contain the
			 standard information required by OAR 690-385-2000; and
(2) Include the following:
(a) A copy of the notice required under OAR
			 690-385-5100  mailed by the district to the user;
(b) A copy of any objections to the proposed
			 transfer received by the district within the 30-day time period following the
			 mailing of notice under OAR 690-385-5100; and
(c) A copy of findings, determinations and
			 conclusions resulting from any hearing held by the district to consider
			 unresolved objections received in response to the notice required under OAR
			 690-385-5100.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-5300 - District Permanent Transfer of Water Right for Nonuse Application Map Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A district permanent transfer application map shall meet the
				standards of OAR 690-385-2200.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.574,
				  540.580
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-5400 - Notice of Filing District Permanent Transfer of Water Right for Nonuse Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 submitting a district permanent transfer application to the Department pursuant
			 to ORS 540.572 and OAR 690-385-5000, a
			 district shall:
(a) Provide notice to the
			 users of affected lands that a district permanent transfer application was
			 submitted to the Department;
(b)
			 Provide the users of affected lands a copy of the application and map;
			 and
(c) Mail the notice,
			 application, and map to the last known address of the affected users by
			 certified mail with a request for a return receipt.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-5500 - District Permanent Transfer of Water Right for Nonuse Application Notice and Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On receipt
			 of a district permanent transfer application, the Department shall review the
			 application to determine if the district has included the information required
			 by OAR 690-385-5200  and if the water right proposed for transfer is subject to
			 transfer as defined in ORS
			 540.505(4) and
			 OAR 690-385-0100(17).
(2) If the
			 Department determines that the application does not include the required
			 information or that the water right proposed for transfer is not subject to
			 transfer, the Department shall return the application and any fees to the
			 district along with a written description of the deficiencies in the
			 application.
(3) If the Department
			 determines the application is complete and the water right proposed for
			 transfer is subject to transfer, the Department shall:
(a) File the application and assign it a
			 transfer number,
(b) Within 15 days
			 of receipt, notice the application in the Department's weekly publication;
			 and
(c) Request public comments on
			 the application.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-5600 - District Permanent Transfer of Water Right for Nonuse Approval and Final Orders

Current through Register Vol. 63, No. 7, July 1, 2024
A district permanent transfer application submitted under ORS
				540.572 and OAR 690-385-5000 shall be approved if the Department determines that:
(1) The water right proposed for transfer is
			 subject to transfer as defined in ORS
			 540.505(4) and
			 OAR 690-385-0100(17)  and, for a right described under 690-385-0100(17)(d), that
			 proof of completion has been approved under 690-385-7400;
(2) The proposed transfer would not result in
			 enlargement as defined in OAR 690-385-0100(4);
(3) The proposed transfer would not result in
			 injury as defined in OAR 690-385-0100(6);
(4) Any other applicable requirements for
			 district permanent transfers of water right for nonuse are met;
(5) The district submitted the application no
			 later than the end of the calendar year of the fifth year of nonuse under ORS
			 540.610(1); and
(a) The district received no written
			 objections to the proposed transfer within the 30-day time period following the
			 mailing of notice under OAR 690-385-5100; or
(b) The district board of directors submitted
			 the permanent district transfer application after having:
(A) Received written objections to the
			 proposed transfer within the 30-day time period following the mailing of notice
			 under OAR 690-385-5100;
(B) Failed
			 to resolve the objections; and
(C)
			 Held a hearing to review and consider the objections.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-5680 - Original Right Terminated by Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
Issuance of a final order approving a permanent change in place
				of use for nonuse terminates the right to use water at the previously
				authorized place of use.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.580
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-5700 - Protests and Requests for Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Approval of a district permanent transfer
			 of water right for nonuse application under ORS
			 540.572 and OAR 690-385-5000,
			 may be protested:
(a) By any user;
			 and
(b) Within 60 days of mailing
			 the notice under OAR 690-385-5400.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-5800 - Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a protest is
			 filed under OAR 690-385-5700, 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 and persons who filed a protest stipulate otherwise;
			 and
(b) If a protest has asserted
			 that the 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 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-5900 - Time Period to Process Permanent Transfer Application Exempt from Forfeiture

Current through Register Vol. 63, No. 7, July 1, 2024
If a district submits a permanent transfer application under
				OAR 690-385-5000  no later than the end of the calendar year of the fifth year
				of non-use under ORS 540.610(1), the
				forfeiture provision of ORS
				540.610 shall not apply to the
				subject lands pending completion of the processing of the transfer application.
				The time required to process the application, including any time required for
				hearings, appeals and completion of the authorized changes, shall not be
				included when computing a five-year period of nonuse under the provisions of
				ORS 540.610(1).
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.612
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-6000 - 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 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
				  540.580
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-7000 - Time for Completion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 time for a district to complete a transfer as authorized by a final order shall
			 be one full year from the approval date plus an additional time until the next
			 October 1. A longer time for completion may be allowed for good cause
			 shown.
(2) The time allowed by the
			 Department for completion of an authorized change shall not be used when
			 computing a five-year period of non-use under the provisions of ORS
			 540.610(1).
(3) Extensions of time to complete a transfer
			 may be granted pursuant to OAR 690-385-7200.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.580
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-7100 - Failure to Complete a Transfer as Grounds for Cancellation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon issuance
			 of a final order approving a transfer the water use subject to transfer becomes
			 inchoate (incomplete) until the authorized change has been completed to the
			 satisfaction of the director.
(2)
			 Any part of a transferred water use that is not used beneficially under the
			 terms of the transfer final order, or within any extension of time allowed for
			 completion, is deemed lost and constitutes a loss of water right.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.580
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-7200 - Extension of the Time Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If the transfer is not completed within the time allowed in the final order, a
			 district may file an application for an extension of time. The application
			 shall contain sufficient information for the director to determine reasonable
			 diligence was made to complete the project within the initial time specified in
			 the final order.
(2) A separate
			 application requesting an extension of time to complete a transfer shall be
			 submitted for each final order that authorizes the transfer of the water use
			 subject to the extension request.
(3) The Department shall consider an
			 application for extension of time received no later than the date specified in
			 the final order for a district to submit proof of use under OAR 690-385-7400.
			 The Department shall review and issue an order within 90 days of receipt of the
			 application.
(4) Failure of a
			 district to submit an application and receive an order of the Department
			 authorizing an extension of time to complete a transfer may lead to loss of the
			 water right for failure to complete the transfer in accordance with OAR
			 690-385-7100(2).
(5) The Department
			 may grant extensions for a 12 month time period, from October 1 to October 1.
			 Extensions may be granted for longer time periods if the applicant can justify
			 the need for a longer period of time by submission of pertinent
			 evidence.
(6) In reviewing an
			 application for an extension of time, the director shall determine whether
			 reasonable diligence was made by the applicant to complete the project within
			 the time period established under OAR 690-385-7000. Applications for extension
			 of time shall include:
(a) A listing and
			 description of all construction and purchases related to installation of the
			 water delivery system during the previous use perfection period;
(b) A description of any expansion or
			 restructuring of the existing delivery system during the same period;
(c) A description of the extent to which the
			 applicant has made actual use of water according to the terms of the transfer
			 final order; and
(d) Information to
			 indicate whether the applicant has complied with any conditions contained in
			 the transfer final order.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-7400 - Proof of Use; Noncompliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 No later than one year following the date specified in a final order for a
			 district to complete a transfer and apply water to beneficial use, a district
			 shall provide the Department proof of use by submitting a final proof map
			 according to OAR 690-385-7400(3)  and a claim of beneficial use report according
			 to OAR 690-385-7400(4).
(2)
			 Districts may self-certify proof of use and are not required to have a
			 certified water rights examiner prepare a final proof map and file a claim of
			 beneficial use report.
(3)
			 Districts shall file a final proof map consistent with the map standards of OAR
			 690-385-2200  within the time limit specified in the transfer final order, and
			 certify the map as accurate.
(4)
			 Districts shall file a claim of beneficial use report on forms acceptable to
			 the Department. The claim of beneficial use report shall contain the following
			 information:
(a) The district's name, mailing
			 address, and telephone number;
(b)
			 The transfer number assigned by the Department to the application;
(c) The district assigned number for Notice
			 of Permanent District Transfer, if applicable;.
(d) The certificate number, or permit number
			 if no certificate has been issued for the subject water right;
(e) The date of priority;
(f) The type of use;
(g) The authorized place of use identified by
			 its location within the public land survey, tax lot number, and name of each
			 user;
(h) A description of the
			 diversion, headgate, canal, or district conveyance system used to deliver water
			 to the authorized place of use;
(i)
			 A description of the method for applying water to beneficial use at the
			 authorized place of use;
(j) A
			 description of the beneficial use to which water is applied;
(k) A description of the method used to
			 calculate the extent of beneficial use on the lands or place of use authorized
			 by the final order approving a transfer;
(l) A statement that the district has
			 inspected the authorized place of use and confirms the change has been made
			 consistent with the terms and conditions of the final order; and
(m) The signature of the District Board
			 Chairperson, or if the Board has delegated authority, the signature of the
			 district manager.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-7600 - Proof of Completion of Change

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department may issue a certificate of water right upon satisfactory proof
			 of completion of the change or changes authorized by a final order approving a
			 permanent district transfer. Satisfactory proof shall be one of the following:
(a) A determination by the Department that
			 the application of water to beneficial use under the terms of the transfer
			 final order was completed to the extent authorized; or
(b) A determination by the Department that
			 the application of water to a beneficial use under the terms of the transfer
			 final order was completed to an extent less than authorized. Such determination
			 shall constitute proof for that portion of the water right.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 385 - DISTRICT WATER RIGHT TRANSFERS › Section 690-385-7800 - Request 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 district or user. The petition
			 shall describe the disagreement with the proposed certificate.
(2) The petition shall set forth the changes
			 to the proposed certificate or the final proof map and shall include any facts
			 which support the request. Maps, photographs, affidavits, receipts or other
			 such evidence may be included to support the request.
(3) The director may allow reasonable time
			 beyond the time set under OAR 690-385-7600(2)  for a district or user to
			 complete and submit a written petition for reconsideration.
(4) Upon receipt of a petition for
			 reconsideration, the director shall:
(a)
			 Approve the petition without verification and issue a certificate with the
			 changes included; or
(b) Schedule
			 field verification of the requested changes and pursuant thereto approve or
			 deny the petition; or
(c) Deny it
			 by letter to the requesting person.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 400 - STATE WATER RESOURCES POLICY › Section 690-400-0000 - Purpose and Authorization

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 These rules, and those contained in Division 410, establish statewide policies
			 and principles pertaining to a wide range of water-related topics. All Water
			 Resources Commission and Department activities, including but not limited to:
(a) Basin planning;
(b) Interagency coordination; and
(c) Development and adoption of rules,
			 standards, and implementing strategies to govern Department programs and
			 activities, shall be compatible with these rules and those contained in
			 Division 410.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 410 - STATEWIDE WATER RESOURCE MANAGEMENT › Section 690-410-0020 - Hydroelectric Power Development

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Policy -- Development and production of hydroelectric power is a beneficial
			 use. However, construction and operation of hydroelectric facilities have had
			 significant adverse impacts on the state's natural resources. New hydroelectric
			 development shall be permitted if it can be demonstrated that there will be no
			 harm to the state's anadromous salmon and steelhead fish resource and habitat,
			 and no net loss of the state's other natural resources. Relicensing of existing
			 facilities, which have adversely impacted, or may preclude the recovery of,
			 anadromous fish resources shall include measures to restore, enhance or improve
			 the anadromous fish resource. The relicensing of any facility shall include
			 measures to prevent the net loss of other natural resources resulting from
			 future operation of the facility.
(2) Principles -- Programs to achieve the
			 policy in section (1) of this rule shall be guided by the following principles:
(a) Hydroelectric power can provide valuable
			 economic and social benefits when the natural resources of the state are
			 protected from potential adverse impacts;
(b) Proposed or relicensed projects that can
			 be developed consistent with Oregon's resource protection standards should be
			 encouraged. New development shall be consistent with the provisions of the
			 Columbia River Basin Fish and Wildlife Program as adopted by the Northwest
			 Power Planning Council pursuant to
			 PL
			 96-501;
(c) Mitigation shall be required for harm to
			 Oregon's natural resources caused or likely to be caused by new permitted
			 hydroelectric power development. These natural resources include but are not
			 limited to anadromous fish, wildlife, water quality, scenic and aesthetic
			 values, historic, cultural and archeological sites;
(d) On relicensing of existing facilities,
			 measures for restoration, enhancement or improvement for past harms to Oregon's
			 anadromous and steelhead resource shall be considered and implemented;
			 and
(e) The state shall ensure that
			 the laws of the state and the rules of the Commission concerning hydroelectric
			 power development are satisfied at every stage of any hydroelectric power
			 project. The state shall assert these laws and rules when participating in
			 federal proceedings involving hydroelectric power. Participation in these
			 proceedings by state agencies shall be fostered through the Strategic Water
			 Management Group (SWMG).
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 410 - STATEWIDE WATER RESOURCE MANAGEMENT › Section 690-410-0030 - Instream Flow Protection

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Policy --Benefits are provided by water remaining where it naturally occurs.
			 Protecting streamflows which are needed to support public uses is a high
			 priority for the state. The long term goal of this policy shall be to establish
			 an instream water right on every stream, river and lake which can provide
			 significant public benefits. Where streamflows have been depleted to the point
			 that public uses have been impaired, methods to restore the flows are to be
			 developed and implemented. These activities shall be consistent with the
			 preservation of existing rights, established duties of water, and priority
			 dates, and with the principle that all of the waters within the state belong to
			 the public to be used beneficially without waste.
(2) Principles -- Programs to achieve the
			 policy in section (1) of this rule shall be guided by the following principles:
(a) The Commission shall consider the needs
			 of both instream and out-of-stream uses when reviewing future appropriations
			 and developing streamflow restoration programs;
(b) Preservation of instream flows needed to
			 support the purposes of State Scenic Waterways is a high priority for the
			 state;
(c) Statewide and local
			 programs should be implemented to restore and enhance streamflow and lake
			 levels to provide public uses. Priority of restoration shall be established by
			 the Water Resources Commission. The Commission shall consult with the
			 Department of Fish and Wildlife, Environmental Quality, Parks and Recreation
			 and the public, to identify those waterways where the greater public benefit
			 could be obtained from additional streamflow restoration;
(d) The Department shall actively encourage
			 the purchase, lease and gift of existing water rights for transfer to instream
			 water rights, and the construction of environmentally sound multi-purpose
			 storage projects;
(e) Streamflow
			 restoration programs shall be designed to encourage cooperation and
			 coordination between instream water interests and out-of-stream water users;
			 and
(f) Instream water rights are
			 preferred, over the establishment of new minimum perennial stream-flows, to
			 protect instream public uses.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 410 - STATEWIDE WATER RESOURCE MANAGEMENT › Section 690-410-0040 - Interstate Cooperation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Policy
			 -- The state will seek to cooperate with other states in planning, developing,
			 managing, and resolving conflicts involving surface or groundwater resources.
			 Interstate cooperation shall be actively pursued to benefit the public
			 interest, welfare, health, economy and safety of Oregon's citizens.
(2) Principles -- Programs to achieve the
			 policy in section (1) of this rule shall be guided by the following principles:
(a) Existing laws, agreements, water rights,
			 individual state interests and resource conditions shall guide and limit
			 interstate cooperation in order to protect the public interest;
(b) Cooperation is preferred, but not
			 required, over unilateral action, litigation, arbitration, or
			 adjudication;
(c) The meaning,
			 intent and purpose of interstate cooperation as embodied in this policy also
			 applies to federally recognized Indian Tribes, and their governments, located
			 wholly or partially within this state.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 410 - STATEWIDE WATER RESOURCE MANAGEMENT › Section 690-410-0050 - Water Resources Protection on Public Riparian Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Policy -- The water-related functions of
			 riparian areas on public lands shall be protected. On public lands, management
			 activities in riparian areas shall be planned to maintain or improve riparian
			 conditions that support water-related functions, consistent with the
			 constitutional or statutory purposes of the public land.
(2) Principles:
(a) The policy in section (1) of this rule is
			 established based on the following principles:
(A) Land and water management are integrally
			 related;
(B) Proper land management
			 can provide for many commodity uses for riparian areas while protecting water
			 resources;
(C) The Legislature has
			 made it a goal of the people of the state to enhance Oregon's waters through
			 the management of riparian areas and associated uplands;
(D) The state's integrated, coordinated water
			 policy needs to address water-related aspects of land management; and
(E) Implementation will be through the
			 programs of public land management agencies having responsibility over riparian
			 lands.