reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 17 - CANCELLATION OF PERFECTED WATER RIGHTS › Section 690-017-0005 - Introduction

Current through Register Vol. 63, No. 7, July 1, 2024
These rules define the process the Water Resources Department
				will follow when cancelling a perfected water right. The action to cancel the
				perfected water right can be initiated as the result of a request by the record
				owner of the land to which the water right is appurtenant, or as the result of
				a request to determine the validity of a water right which may be forfeited due
				to five successive years of non-use.
Stat. Auth.: ORS 183, ORS 339, ORS 536, ORS 537 & ORS
				  540
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 17 - CANCELLATION OF PERFECTED WATER RIGHTS › Section 690-017-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Affidavit"
			 means a declaration upon oath, in writing, signed by the party and sworn to
			 before a notary public.
(2)
			 "Affiant" means the individual completing, swearing to and signing an
			 affidavit.
(3) "Bankruptcy" means
			 proceedings under federal bankruptcy statutes to relieve a debtor (the
			 bankrupt) from insurmountable debt. The commencement of a bankruptcy action
			 occurs with the date a petition for relief is filed by a debtor or creditor to
			 the bankruptcy court.
(4)
			 "Cancellation" means the action taken by the Director, the Commission, or the
			 courts to abolish all or part of a permit or certificate of water
			 right.
(5) "Deed-in-Lieu" means a
			 deed tendered by the record owner to prevent the creditor from asserting a
			 legal right to recover payment of a debt through a foreclosure
			 action.
(6) "District" has the
			 meaning of the term as defined in ORS
			 540.505
(7) "Foreclosure" means a proceeding in or
			 out of court to extinguish all right, title and interest of the record owner(s)
			 of property in order to sell or repossess the property to satisfy a lien
			 against it. A foreclosure action begins on the date presentation of the
			 official demand for payment is made to the debtor by the creditor by certified
			 mail.
(8) "Forfeiture" means the
			 loss of a water right caused by the failure of the appropriator or record owner
			 of the right to use the water for five successive years.
(9) "Judicial Action" means a suit,
			 injunction, or litigation filed with or allowed by the courts.
(10) "Natural Disaster" means an act of God,
			 such as flooding or erosion, which occurred with such magnitude that it either
			 prohibited or severely limited the ability to use the water.
(11) "Perfected Water Right" means a water
			 right which has been confirmed by the issuance of a certificate of water right
			 or by a court decree.
(12)
			 "Presumption of Forfeiture" means a conclusion established by statute that a
			 water right, in whole or in part, is forfeited by nonuse of the right for five
			 successive years.
(13) "Principal
			 Farm Operator" means the record owner, including a lessee to whom the right of
			 possession of agricultural property has been granted by the lessor for a
			 specified period of time in return for a consideration.
(14) "Rebuttable Presumption" means a
			 presumption which, by statute, may be overcome by evidence sufficient to
			 explain or disprove the presumption.
(15) "Record Owner" means the person shown as
			 the owner of the land in the county deed records established under ORS Chapter
			 93.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  540.610-540.670
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 17 - CANCELLATION OF PERFECTED WATER RIGHTS › Section 690-017-0100 - Cancellation Authorized byRecord Owner

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Perfected water rights shall be cancelled
			 by order of the Director in accordance with the provisions of ORS
			 540.621 when so requested by
			 notarized affidavit of the record owner of the land to which the water right in
			 question is appurtenant.
(2) The
			 affidavit shall contain, at a minimum, the following:
(a) A statement that the affiant is the
			 record owner of the lands associated with the water right in
			 question;
(b) The certificate
			 number of the water right;
(c) A
			 statement that the affiant has abandoned any and all interest in and to all or
			 a specified portion of the water right;
(d) Where only part of the right has been
			 abandoned, a description of the specific place of use by quarter-quarter
			 section and acres on which the right has been abandoned, with information
			 sufficient to determine the lands on which the right is not to be cancelled;
			 and
(e) A request that all or part
			 of the certificate be cancelled.
(f) A statement of whether, to the best of
			 the affiant's knowledge, the subject water right is within the boundaries of a
			 district or federal reclamation project.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 17 - CANCELLATION OF PERFECTED WATER RIGHTS › Section 690-017-0200 - Watermaster Affidavit of Inability to Appropriate or Beneficially Use Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 watermaster has reason to believe that circumstances exist that prevent a water
			 right from being exercised, including but not limited to, the lands being
			 covered by an impermeable surface or the diversion mechanism used to
			 appropriate the water is no longer operable, the watermaster shall file an
			 affidavit with the Water Resources Director.
(2) The affidavit shall state:
(a) The date and time the land or diversion
			 mechanism or other evidence was inspected by the watermaster;
(b) The names of all record owners of the
			 land where the water right is appurtenant and the owners' address as it appears
			 in the county assessors' records; and
(c) The watermaster's findings during the
			 inspection that indicate the water right cannot be exercised.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 17 - CANCELLATION OF PERFECTED WATER RIGHTS › Section 690-017-0300 - Notice of Watermaster Affidavit to Record Owner

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Water Resources Department shall
			 notify each record owner of the land described by an affidavit submitted by a
			 watermaster under ORS
			 540.660 in the following manner:
(a) If there are 25 or fewer record owners of
			 the land, the department shall mail a copy of the affidavit to each record
			 owner;
(b) If there are more than
			 25 record owners, the department shall provide general notice by publication
			 according to the procedures established in ORS
			 193.010 to
			 193.100; and
(c) If the land is within the boundaries of
			 an irrigation district, the Department shall mail a copy of the affidavit to
			 the irrigation district.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 17 - CANCELLATION OF PERFECTED WATER RIGHTS › Section 690-017-0400 - Cancellation Initiated by Department

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall initiate proceedings
			 to cancel a perfected water right, as provided in ORS
			 540.631 and these rules,
			 whenever it appears that a right has been forfeited as provided in
			 540.610. The decision to
			 initiate cancellation proceedings shall be based on evidence submitted to the
			 Department, by any person, that alleges five or more years of nonuse so as to
			 create a presumption of forfeiture, and from which evidence it further appears
			 the presumption of forfeiture would not likely be rebutted under OAR
			 690-017-0800(2)(a), (d) or (e).
(2)
			 Where the evidence submitted to the Department is in the form of affidavits,
			 notarized affidavits from two individuals shall be required. An affidavit shall
			 contain the following:
(a) Name, address and
			 telephone number of affiant;
(b)
			 Page number of the certificate in question as recorded in the State Record of
			 Water Right Certificates, name of the person to whom the certificate was
			 issued, and priority date of the certificate;
(c) Township, range, quarter-quarter section
			 and number of acres to which the certificate in question is
			 appurtenant;
(d) The use for which
			 the water right was issued;
(e) The
			 source of water to be used as provided in the certificate;
(f) A statement of the affiant's knowledge of
			 the lands described in the certificate in question, and an explanation of how
			 the affiant gained this knowledge;
(g) A statement that the affiant knows with
			 certainty that no water from the allowed source has been used for the
			 authorized use on the lands, or a portion of the lands, the portion being
			 accurately described, under the provisions of the water right within a period
			 of five or more successive years, and the beginning and ending years of the
			 period of nonuse. Where possible, beginning and ending months should also be
			 given;
(h) A statement that the
			 affiant believes the allegation of nonuse will not be rebutted under any of the
			 grounds for rebuttal set out in ORS
			 540.610;
(i) A copy of the county tax plat map
			 illustrating the lands to which the subject water right is appurtenant, and if
			 applicable, the location of the portion of the water right asserted to have
			 been forfeited;
(j) The affiant's
			 agreement to testify in a hearing before the Water Resources Department if
			 necessary;
(k) To the best of the
			 affiant's knowledge, a statement of whether the subject water right is within
			 the boundaries of a district or federal reclamation project; and
(l) Proof that the affidavit(s) have been
			 served upon the legal owner of the lands to which the water right is
			 appurtenant and to the occupant of such lands.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 17 - CANCELLATION OF PERFECTED WATER RIGHTS › Section 690-017-0500 - Cancellation Not Protested

Current through Register Vol. 63, No. 7, July 1, 2024
If the record owner or occupant receiving notice as provided in
				ORS 540.631 fails to protest the
				proposed cancellation of the water within the 60-day period prescribed in the
				notice, the Water Resources Department shall enter an order cancelling the
				water right as provided in ORS
				540.641.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 17 - CANCELLATION OF PERFECTED WATER RIGHTS › Section 690-017-0600 - Protest of Cancellation/Statement of Intent to Rebut Presumption of Forfeiture

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 protest submitted to the Water Resources Department by the record owner or
			 occupant of the land on which a cancellation of a perfected water right is
			 proposed shall include the following:
(a) A
			 written statement citing the reasons the record owner or occupant believes the
			 water right has not been forfeited by nonuse; and
(b) The statutory fee for filing the
			 protest.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 17 - CANCELLATION OF PERFECTED WATER RIGHTS › Section 690-017-0700 - Cancellation Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Department receives a protest to the proposed cancellation of a water right
			 within the prescribed 60-day period, a hearing on the protest shall be
			 scheduled. The protestant shall be given not less than ten days notice of the
			 hearing time and place.
(2) The
			 hearing shall be held by the Department's Hearings Referee, and shall be
			 conducted under the provisions of ORS
			 183.310 to
			 183.550 pertaining to contested
			 cases.
(3) In contested case
			 hearings where the initial determination was made that the presumption of
			 forfeiture had not been rebutted, the owner may offer additional evidence in
			 support of rebuttal.
(4) After the
			 hearing the Hearings Referee shall enter a proposed order:
(a) Cancelling the water right;
(b) Cancelling in part or modifying the water
			 right; or
(c) Declaring that the
			 water right shall not be cancelled or modified.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 17 - CANCELLATION OF PERFECTED WATER RIGHTS › Section 690-017-0800 - Grounds for and Manner of Rebutting a Presumption of Forfeiture

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any record
			 owner or occupant rebutting a presumption of forfeiture for nonuse of water
			 under ORS 540.610(2), as
			 provided in these rules, shall provide evidence that rebuts the presumption of
			 forfeiture.
(2) A presumption of
			 forfeiture may be rebutted by showing one or more of the following:
(a) The water right is for reasonable and
			 usual municipal use of water;
(b) A
			 finding of forfeiture would impair the rights of cities and towns to the use of
			 water, whether acquired by appropriation or purchase, or previously recognized
			 by legislative act, or which may be acquired in the future;
(c) The owner of the property was unable to
			 use the water due to economic hardship as defined in section (3) of this
			 rule;
(d) The period of nonuse
			 occurred during a period of time within which land was withdrawn from use under
			 the Federal Soil Bank Program or the Federal Conservation Reserve
			 Program;
(e) The end of the alleged
			 period of nonuse occurred more than 15 years before the date upon which
			 evidence of nonuse was submitted or cancellation proceedings were initiated
			 under ORS 540.631, whichever occurs first;
			 and
(f) The owner of the property
			 to which the water right is appurtenant is unable to use the water because the
			 use of water under the right is discontinued by an order of the Commission
			 under ORS 537.775 (wasteful or defective
			 wells).
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 17 - CANCELLATION OF PERFECTED WATER RIGHTS › Section 690-017-0900 - Time Period of Non-Use

Current through Register Vol. 63, No. 7, July 1, 2024
Where the rebutted nonuse occurs as an intervening period
				within an unrebutted period of nonuse totally five or more years, the remaining
				unrebutted years of nonuse will be treated as consecutive and cancellation will
				be initiated.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 18 - ALLOCATION OF CONSERVED WATER › Section 690-018-0010 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 These rules describe the voluntary program under which a water right holder may
			 benefit from an allocation of conserved water. Under the program, a portion of
			 any water conserved may be used on additional lands, be put to a different use,
			 or be leased or sold to another user.
(2) This program is intended to promote the
			 conservation of water, maximize beneficial use and enhance streamflows pursuant
			 to the statutory authority in ORS
			 537.455 to
			 537.500 and
			 540.510(2) and
			 (3).
(3) These rules establish the process for
			 review and evaluation of the merits and impacts of applications for allocation
			 of conserved water. After a sufficient number of applications are submitted,
			 these rules shall be reviewed and revised, as necessary, to further promote the
			 allocation of conserved water and to provide criteria for determining
			 requirements for mitigation and the establishment of instream water
			 rights.
(4) The rules in this
			 division apply to applications submitted after November 5, 2004.
Stat. Auth.: ORS
				  536.025,
				  536.027 &
				  537.480
Stats. Implemented: ORS
				  537.455-537.500
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 18 - ALLOCATION OF CONSERVED WATER › Section 690-018-0012 - Allocation Formula and Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS 537.470(3),
			 after determining the quantity of conserved water, if any, required to mitigate
			 the effects on other water rights, the Commission shall allocate 25 percent of
			 the remaining conserved water to the state and 75 percent to the applicant,
			 unless the applicant proposes a higher allocation to the state or more than 25
			 percent of the funds used to finance the conservation measures comes from
			 federal or state public sources. If more than 25 percent of the funds used to
			 finance the conservation measures comes from federal or state public sources
			 and is not subject to repayment, the Commission shall allocate to the state a
			 percentage equal to the percentage of public funds used to finance the
			 conservation measures and allocate to the applicant a percentage equal to the
			 percentage of other funds used to finance the conservation measures. In no
			 event, however, shall the applicant receive less than 25 percent of the
			 remaining conserved water unless the applicant proposes a higher allocation to
			 the state.
(2) A water right
			 affected by an allocation of conserved water under this program shall retain
			 its original priority date. The priority date of the conserved water rights
			 shall be either the same as or one minute after that of the original
			 right.
(3) Many water users have
			 expressed concern about the effects of an allocation of conserved water on the
			 continued use of water under the original water right. These rules allow for a
			 period of up to five years after implementation of a conservation project to
			 confirm that the project is performing as expected. This will allow water right
			 holders to better determine the adequacy of the quantity of water allocated to
			 the original right. However, no out-of-stream uses may be made of the conserved
			 water until after final completion of the project and issuance of the new
			 certificates.
Stat. Auth.: ORS
				  536.025,
				  536.027 &
				  537.480
Stats. Implemented: ORS
				  537.455-537.500
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 18 - ALLOCATION OF CONSERVED WATER › Section 690-018-0014 - Timing of applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applications for allocation of conserved water should be submitted prior to
			 implementation of conservation measures. Project sponsors are encouraged to
			 consult with the Department and other natural resource agencies and to submit
			 applications early in the process of project development. The Department will
			 work with applicants to identify and resolve any concerns of local water right
			 holders, governmental entities, or other organizations.
(2) Notwithstanding section (1) of this rule,
			 applications for allocation of conserved water may be submitted for projects in
			 which all or a significant portion of the project costs have already been
			 incurred. However, these project sponsors must consult with other water right
			 holders in the area, governmental entities, and other organizations who have
			 asked to be consulted prior to submittal of an application to identify and
			 resolve any concerns regarding the application. Conserved water shall not be
			 allocated pursuant to an application under these rules if the application is
			 filed more than five years after the conservation measure was
			 implemented.
Stat. Auth.: ORS
				  536.025,
				  536.027 &
				  537.480
Stats. Implemented: ORS
				  537.455-537.500
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 18 - ALLOCATION OF CONSERVED WATER › Section 690-018-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply in OAR 690, division 18 and to
				any applications submitted or certificates issued under these rules.
(1) "Affected local government" means any
			 local government, as defined in OAR 690-005-0015, within whose jurisdiction
			 water is or would be diverted, conveyed, or used under a proposed or approved
			 order allocating conserved water.
(2) "Commission" means the Water Resources
			 Commission.
(3) "Conservation"
			 means the reduction of the amount of water diverted to satisfy an existing
			 beneficial use achieved either by improving the technology or method for
			 diverting, transporting, applying or recovering the water or by implementing
			 other approved conservation measures.
(4) "Conserved Water" means that amount of
			 water that results from conservation measures, measured as the difference
			 between:
(a) The smaller of the amount stated
			 on the water right or the maximum amount of water that can be diverted using
			 the existing facilities; and
(b)
			 The amount of water needed after implementation of conservation measures to
			 meet the beneficial use under the water right certificate.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 18 - ALLOCATION OF CONSERVED WATER › Section 690-018-0025 - District Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 district intending to seek allocations of conserved water pursuant to ORS
			 537.455 to
			 537.500 shall, after providing
			 public notice and holding a public meeting, adopt a policy that at a minimum
			 shall:
(a) Describe how water saved by
			 conservation measures will be allocated by the district;
(b) Describe how the district will address
			 the allocation of conserved water percentages under ORS
			 537.470;
(c) Provide district patrons the opportunity
			 to fund a share of the conservation project that is proportionate to the
			 patron's share of the water rights involved in the allocation of conserved
			 water and to receive a corresponding share of the conserved water;
(d) Provide district patrons an opportunity
			 to petition for a vote by all district patrons on the policy pursuant to
			 applicable statutes governing elections or recalls in the subject district;
			 and
(e) Provide district patrons an
			 opportunity to appeal a proposed district conservation project to the district
			 board of directors for failure to follow the district's policy.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 18 - ALLOCATION OF CONSERVED WATER › Section 690-018-0040 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Applicants for allocation of conserved water shall provide to
				the Department the information described in this rule in substantially the same
				order as listed. The information shall include:
(1) The name of the applicant(s), mailing
			 address(es) and telephone number(s);
(2) The certificate, permit, or transfer
			 numbers or the name of the decree, if appropriate, of each water use subject to
			 transfer that will be modified by the proposed allocation of conserved
			 water;
(3) The date of priority and
			 source of water for each water right identified in section (2) of this
			 rule;
(4) The amount of water that
			 may be used under the original rights expressed as the maximum rate and annual
			 volume (duty) of water that may be diverted as stated on the water use subject
			 to transfer.
(5) A description of
			 the diversion facilities in sufficient detail for the Department to determine
			 the capacity of the system. The description shall include:
(a) For a project that has not been
			 completed, a description of the existing diversion facilities, including
			 diversion structures, pumps, conveyance facilities, an estimate of the amount
			 of water that can be diverted at the existing facilities stated as a rate of
			 diversion, and application methods that will be affected by the proposed
			 project; or
(b) For a project that
			 has already been completed, a description of the diversion facilities before
			 the conservation measure was implemented, including diversion structures,
			 pumps, conveyance facilities, the amount of water that was diverted at the
			 facilities stated as a rate of diversion before the conservation measure was
			 implemented, and application methods that will be affected by the
			 project.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 18 - ALLOCATION OF CONSERVED WATER › Section 690-018-0050 - Processing a Conservation Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Department receives an
			 application for allocation of conserved water, the Director shall provide
			 public notice of the application through:
(a)
			 Publication in a newspaper having general circulation in the area in which the
			 water rights addressed in the application 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
(b) Concurrent with the date of first
			 publication pursuant to subsection (a) of this section, mailing to individuals,
			 organizations and agencies including the Indian tribes and local government
			 planning departments on the Department's weekly mailing list, irrigation
			 districts in the area, and any other parties that the Director determines
			 should be notified.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 18 - ALLOCATION OF CONSERVED WATER › Section 690-018-0062 - Completion of Conservation Project

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the order approving the application
			 for allocation of conserved water allows a time period for finalizing the
			 allocations water prior to certification, upon notice from the applicant that
			 the project has been completed, the Director shall issue an order:
(a) Canceling the water right held by the
			 applicants that are modified by the allocation of conserved water;
(b) Allowing the continued use of water for
			 the purposes and at the locations described in the original water right
			 certificates at the rate and duty prescribed under OAR 690-018-0050(4)(e);
			 and
(c) Allowing the use and
			 management of the conserved water as a dedication of the water
			 instream.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 18 - ALLOCATION OF CONSERVED WATER › Section 690-018-0080 - Management of Conserved Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department shall manage any conserved water allocated to instream use under
			 the rules established to implement ORS
			 537.332 to
			 537.360 pertaining to instream
			 water rights.
(2) A conserved water
			 right reserved instream for future out of stream use shall be managed to carry
			 the water through the stream reach described in the order issued pursuant to
			 OAR 690-018-0050. Any conserved water reserved instream shall maintain its
			 priority date and will not be subject to abandonment under ORS
			 540.610 to
			 540.670.
Stat. Auth.: ORS
				  537.455 - ORS
				  537.500 & ORS
				  540.510
Stats. Implemented: ORS 193, ORS 536, ORS 537 & ORS
				  540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 18 - ALLOCATION OF CONSERVED WATER › Section 690-018-0090 - Change in Use of Conserved Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person or agency entitled to the use
			 of conserved water shall notify the Director of any change in the type of use,
			 place of use or point of diversion. The notice must be submitted 60 days before
			 the actual change and must include the information requested in OAR
			 690-018-0062(3)(a).
(2) The
			 Director shall approve a change in the type of use, place of use, or point of
			 diversion for conserved water if:
(a) The
			 proposed new use is within the area described under OAR
			 690-018-0050(4)(h);
(b) The
			 proposed change would not constitute an expansion of the right; and
(c) The approval is consistent with OAR
			 690-005-0045  (Standards for Goal Compliance and Compatibility with Acknowledged
			 Comprehensive Plans).
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 19 - DROUGHT MITIGATION › Section 690-019-0010 - Purpose of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following administrative rules (OAR) apply to drought mitigation activities.
			 The mitigation activities were authorized by the 1989 legislature, amended by
			 the 1993 and 2001 legislatures, and are codified at ORS
			 536.700 through
			 536.780"EMERGENCY WATER
			 SHORTAGE POWERS."
(2) These rules
			 provide for action available to the Governor and the Water Resources
			 Commission. They become operative only during extraordinary drought situations.
			 Action within these rules is intended to mitigate problems which may develop
			 during years when water supplies are inadequate.
Stat. Auth.: ORS
				  536.720 -- ORS
				  536.780
Stats. Implemented: ORS
				  536.720 - ORS
				  536.780
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 19 - DROUGHT MITIGATION › Section 690-019-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply in OAR 690, division 19:
(1) "Agreement" means a contractual
			 arrangement specifying an understanding or arrangement for one party to
			 temporarily make use of valid permit or water right held by another
			 party.
(2) "Commission" means the
			 Water Resources Commission.
(3)
			 "Department" means the Water Resources Department.
(4) "Director" means the Director of the
			 Water Resources Department.
(5)
			 "Designated Drought Area" means a specific area within the state so designated
			 by the Governor.
(6) "Emergency Use
			 Permit" means a temporary permit for use of water.
(7) "Human Consumption" means the use of
			 water for the purposes of drinking, cooking, and sanitation.
(8) "Local Government" means any governmental
			 entity authorized by the laws of this state.
(9) "Option" means a contractual arrangement
			 for a specified consideration for the use of a valid permit or water right.
(10) "Political Subdivision" means
			 any local government unit including a county, city, town, or district
			 established under the laws of Oregon.
(11) "Public corporation" means a corporation
			 which operates subject to control by a local government entity or officers of a
			 local government and which, at least in part, is organized to serve a public
			 purpose of, and receives public funds or other support having monetary value,
			 from such government.
(12) "Scenic
			 waterway flows" mean flows acknowledged by the Water Resources Commission
			 pursuant to ORS 390.835.
(13) "Temporary drought transfer" means a
			 temporary change in use, change in place of use, or change in point of
			 diversion authorized pursuant to ORS
			 536.750.
Stat. Auth.: ORS
				  536.720 - ORS
				  536.780
Stats. Implemented: ORS
				  536.720 - ORS
				  536.780
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 19 - DROUGHT MITIGATION › Section 690-019-0030 - Duration of Drought Declaration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) During the effective time period of a
			 drought declaration under ORS
			 536.740 in accordance with these
			 rules, the Commission or the Director may take the following actions:
(a) Allow emergency water use under the terms
			 of emergency use permits without first conducting a hearing under ORS
			 537.170;
(b) Waive the notice requirements under ORS
			 537.753 and the report required
			 under 537.762 pertaining to water well
			 construction;
(c) Allow a temporary
			 exchange of water as allowed under ORS
			 540.533 without first giving
			 notice as required under
			 540.535;
(d) Grant preference of use for human
			 consumption, and/or stock watering; or
(e) Allow a temporary change in use, place of
			 use or point of diversion of water under the terms of an emergency use permit
			 without complying with the notice and waiting requirements under ORS
			 540.520.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 19 - DROUGHT MITIGATION › Section 690-019-0040 - Emergency Water Use Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 After the Governor declares that a severe, continuing drought exists, the
			 Director may approve applications for emergency use permits. Emergency use
			 permits shall allow use of water to replace water not available under an
			 existing right because of the drought. Each application must be for use within
			 a designated drought area. All fees required by OAR 690-019-0100  shall
			 accompany the application. Application forms may be obtained from the
			 Department.
(2) An emergency water
			 use permit applicant shall submit sufficient information to establish that:
(a) Drought conditions have created an
			 inability on the part of the applicant to obtain water under an existing right;
			 and
(b) Use is proposed in a
			 designated drought area;
(c)
			 Additionally, the Director may require the applicant to submit a plan and
			 evidence showing conservation and water use curtailment measures have been
			 taken before use is made of an emergency use permit.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 19 - DROUGHT MITIGATION › Section 690-019-0050 - Incomplete Applications

Current through Register Vol. 63, No. 7, July 1, 2024
When an application does not contain all the information and
				supporting material required by the application form and these rules, the
				application shall be declared incomplete. The applicant shall be notified.
				Additionally, the application or a portion of the application may be returned
				to the applicant. A request for additional information will be made of the
				applicant who shall have 30 days to complete the application. If the applicant
				fails to complete the application within 30 days, the application shall be
				rejected.
Stat. Auth.: ORS
				  536.720 - ORS
				  536.780
Stats. Implemented: ORS
				  536.720 - ORS
				  536.780
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 19 - DROUGHT MITIGATION › Section 690-019-0055 - Temporary Drought Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 After the Governor declares that a severe, continuing drought exists, any
			 person holding a water right permit, certificate, decree or claim to a right
			 under ORS chapter 539 who because of the effects of the drought is unable to
			 use water, may apply to the Director for a temporary change in use, place of
			 use, or point of diversion of water from another water use subject to transfer,
			 or a claim to a right under ORS chapter 539, without complying with the notice
			 and waiting requirements of ORS
			 540.520. The Director shall
			 approve such temporary drought transfer, with any appropriate conditions,
			 including water use conservation, measurement and water curtailment measures,
			 if:
(a) The temporary drought transfer will
			 not result in injury to an existing right; and
(b) Total water use at the receiving location
			 does not exceed the maximum rate and duty for the receiving location.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 19 - DROUGHT MITIGATION › Section 690-019-0058 - Temporary Drought Instream Leases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding the requirements of OAR
			 690-077-0077, after the Governor declares that a severe, continuing drought
			 exists, any person holding a water use subject to transfer may enter into a
			 temporary drought instream lease agreement to convert a water right or a
			 portion of a water right to an instream water right. The Director shall approve
			 a temporary drought instream lease provided:
(a) The temporary drought instream lease will
			 not result in injury to an existing right; and
(b) Total water use for the proposed instream
			 lease will not exceed the amount in the leased right.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 19 - DROUGHT MITIGATION › Section 690-019-0059 - Temporary Substitution of Supplemental Ground Water Right for Surface Water Primary Right

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After the
			 Governor declares that a severe, continuing drought exists, any person holding
			 both a primary water right originating from a surface water source and a
			 supplemental water right from a ground water source may apply to the Director
			 to temporarily substitute the use of the supplemental right for the primary
			 right. Applications must be for use in a designated drought area. The fee
			 required under OAR 690-019-0100(4)  shall accompany the application. Application
			 forms may be obtained from the Department.
(2) The Department shall expedite the notice
			 and waiting requirements of ORS
			 540.524. Upon receiving a
			 completed application under section (1) of this rule, notice of the proposed
			 temporary substitution application, or proposed approval of the application
			 shall be included in the weekly notice published by the Department.
(3) Within 10 days after publication of the
			 notice under section (2) of this rule, any person may file with the Department
			 a protest against approval of the application. If a timely protest is filed,
			 the Department shall hold a hearing on the matter pursuant to ORS
			 540.520(7).
(4) The Director shall approve a temporary
			 substitution, with any appropriate conditions, including water use
			 conservation, measurement, and water curtailment measures, provided the
			 proposed substitution will not result in injury to other water rights. The
			 Director may condition the approval of a temporary substitution to avoid or
			 mitigate injury.
(5) A temporary
			 substitution approved under this rule shall include a condition to require the
			 Director to revoke the temporary substitution order if injury to existing water
			 rights is shown and cannot be mitigated to the satisfaction of the Director and
			 the injured parties.
(6) The
			 expiration of a temporary substitution granted under this rule shall not exceed
			 one year or the term of the Governor's declared drought, whichever is shorter,
			 unless otherwise renewed pursuant to OAR 690-019-0085.
Stat. Auth.: ORS
				  536.720 - ORS
				  536.780
Stats. Implemented: ORS
				  536.720 - ORS
				  536.780
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 19 - DROUGHT MITIGATION › Section 690-019-0060 - Potential Liability

Current through Register Vol. 63, No. 7, July 1, 2024
Issuance of an emergency use permit, temporary drought transfer
				or a grant of preference of use by order of the Commission may not protect the
				person receiving the permit, transfer or grant of preference from liability for
				improper use of the water under the permit, transfer or grant of
				preference.
Stat. Auth.: ORS
				  536.700 - ORS
				  536.780
Stats. Implemented: ORS
				  536.700 - ORS
				  536.780
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 19 - DROUGHT MITIGATION › Section 690-019-0070 - Preference of Use, Human Consumption and Livestock

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Governor declares that a severe,
			 continuing drought exists, the Commission may grant a temporary preference of
			 use to water rights for human consumption and/or stock watering. The temporary
			 preference of use shall be by order of the Commission and shall apply only to
			 designated drought areas. Temporary preference may be given over other water
			 uses regardless of priority date.
(2) Applications for preference for human
			 consumption and/or stock water shall be submitted on a form provided by the
			 Department.
(3) In considering
			 designation of an area for preferential use, the Commission may review
			 recommendations from the Drought Council, recommendations from the Water
			 Availability Committee, recommendations from county government officials within
			 a designated drought area, and any other available information.
(4) Before issuing an order granting a
			 temporary preference of use the Commission shall determine that the order is
			 necessary to protect the health and welfare of the people of Oregon. Any order
			 issued by the Commission for preference of use shall include:
(a) The expiration date for the temporary
			 preference of use granted under the terms of this rule which shall not exceed
			 the term of the Governor's declared drought;
(b) The geographic area specified for the
			 temporary preference of use which shall be within a designated drought
			 area;
(c) A general statement
			 outlining which water uses have been designated temporarily inferior;
(d) A statement that there is an immediate
			 threat to the health and welfare of the people of Oregon; and
(e) A requirement that political subdivisions
			 within the designated drought area submit water conservation or curtailment
			 plans for the Director's approval.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 19 - DROUGHT MITIGATION › Section 690-019-0080 - Option or Agreement for Use of Existing Right

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to plan for and mitigate the
			 effects of severe, continuing drought, a local government, public corporation,
			 or water right holder may enter into an option or agreement for the use of
			 water under an existing permitted, certificated or decreed water right within a
			 designated drought area. If approved as provided in sections (2) to (6) of this
			 rule, an option or agreement may be exercised during a period of declared
			 drought after the parties to the option or agreement notify the
			 Department.
(2) Water used under
			 the terms of an approved option or agreement may be used at locations, at
			 points of diversion and for beneficial uses other than those described in the
			 water right.
(3) The holder of the
			 option or agreement is not required to construct any diversion or other
			 appropriation facilities or works.
(4)
(a) An
			 option or agreement proposed under section (1) of this rule shall be subject to
			 approval of the Director or Commission. The Director must find that the use of
			 water under the proposed option or agreement will not cause injury to existing
			 water rights and will not impair or be detrimental to the public
			 interest;
(b) A local government,
			 public corporation, or water right holder proposing an option or agreement
			 shall submit an application to the Director. The application shall be
			 accompanied by the fee set forth in ORS
			 536.050(1)(a).
			 The application shall include the following information:
(A) The name of the local government, public
			 corporation, or water right holder applying for approval of the option or
			 agreement;
(B) The name of the
			 holder of the permitted, certificated, or decreed water right that will be
			 affected by the option or agreement;
(C) A copy of the water right permit,
			 certificate or decree that shall be affected by the option or
			 agreement;
(D) A copy of the
			 proposed option or agreement;
(E) A
			 statement that the water is intended for in-stream use, or a description of the
			 lands on which the water is currently used, and a description of the lands on
			 which the water shall be used under the option or agreement;
(F) Evidence that the water to be used under
			 the option or agreement has been used over the past five years according to the
			 terms and conditions of the owner's permitted, certificated, or decreed water
			 right.
(G) If not intended for
			 in-stream use, evidence that the water shall be used to supplement an existing
			 water right held by the local government, public corporation, or water right
			 holder and that water is not available under the existing right.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 19 - DROUGHT MITIGATION › Section 690-019-0085 - Renewal Process for Drought Water Use Authorizations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule section applies only to persons
			 that received Department approval for a drought water use authorization for:
(a) An emergency water use permit under OAR
			 690-019-0040;
(b) A temporary
			 drought transfer under OAR 690-019-0055;
(c) A temporary drought instream lease under
			 OAR 690-019-0058; or
(d) A
			 temporary substitution under OAR 690-019-0060.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 19 - DROUGHT MITIGATION › Section 690-019-0090 - Requirement for Conservation and Curtailment Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Commission declares that a
			 severe or continuing drought is likely to occur, it may order state agencies
			 and political subdivisions to develop and file with the Director conservation
			 or curtailment plans:
(a) The Commission's
			 order shall require development of the plan within 30 days from the date of the
			 order; and
(b) If a state agency or
			 political subdivision fails to comply with the order to provide plans that are
			 acceptable to the Director, or fails to implement approved plans when directed
			 by the Governor, the Director may do any or all of the following:
(A) Delay approval of an emergency use permit
			 requested by a state agency or political subdivision;
(B) Suspend use under an existing emergency
			 use permit held by a state agency or political subdivision;
(C) Offer evidence of the failure to comply
			 by a political subdivision to the Commission when the Commission is considering
			 designating an area for preference of use for livestock and human consumption;
			 and
(D) Develop an appropriate plan
			 for the state agency or political subdivision. Plans developed by the Director
			 shall be implemented by the state agency or political subdivision when directed
			 by the Governor.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 19 - DROUGHT MITIGATION › Section 690-019-0100 - Schedule of Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The following is a schedule of fees for administrative work
				performed by the Department:
(1)
			 Emergency water use permit:
(a) Examination
			 fee = $200 plus;
(b) Recording fee
			 = $400 for first cubic-foot/second or fraction thereof; $100 for each
			 additional cubic-foot/second or fraction thereafter.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 19 - DROUGHT MITIGATION › Section 690-019-0105 - Fee Refund

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may refund all or part of any fee submitted to the
				Department pursuant to OAR 690-019-0100.
Stat. Auth.: ORS
				  536.700 - ORS
				  536.780
Stats. Implemented: ORS
				  536.700 - ORS
				  536.780