Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 380 - WATER RIGHT TRANSFERS › Section 690-380-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in
			 OAR chapter 690, division 380 establish requirements and procedures that shall
			 be used by the Department to evaluate an application to change a water use
			 subject to transfer. The rules describe the requirements for permanently
			 changing the character of use, place of use, point of diversion or point of
			 appropriation of a water use subject to transfer and for temporarily changing
			 the character of use of stored water and the place of use of a water use
			 subject to transfer.
(2) A water
			 user may make the following changes without filing a transfer application
			 pursuant to ORS 540.520 and OAR 690-380-3000:
(a) The allocation of conserved water,
			 however, an application for allocation of conserved water is required pursuant
			 to ORS 537.455 to
			 537.500 and OAR chapter 690,
			 division 18 and notice of a change in place of use of conserved water is
			 required pursuant to 537.490;
(b) Use water at an additional or different
			 place of use under a water use subject to transfer issued to a municipality,
			 rights conferred by ORS
			 538.410 to
			 538.450, or under the
			 registration system set forth in
			 537.132 provided the water use
			 complies with the requirements under
			 540.510(3)(a)(A) to
			 (C) and
			 540.510(3)(b);
(c) Use water at a different place of use
			 under a permit or certificate issued to a district pursuant to ORS
			 540.570 to
			 540.580 and OAR Chapter 690,
			 division 385, however, a petition for the change must be submitted to the
			 Department by the district;
(d) A
			 change in point of diversion pursuant to ORS
			 540.510(5) and
			 the diversion is provided with a proper fish screen, if requested by
			 ODFW;
(e) A change in point of
			 diversion in response to government action pursuant to ORS
			 540.510(6)
			 provided that the owner notifies the Department before changing the point of
			 diversion;
(f) A change in point of
			 diversion or appropriation or a change in place of use under a water use permit
			 through a permit amendment for which an application has been filed and approved
			 by the Department pursuant to ORS
			 537.211(4) to
			 (9);
(g) Water right changes made for lands not
			 described in a permit when the Department issues a certificate pursuant to ORS
			 537.252;
(h) An exchange of water that meets the
			 criteria in ORS 540.533 and
			 540.537 if the exchange is
			 approved pursuant to OAR 690-380-2260;
(i) A change in character of use from a
			 specific industrial use to general industrial use provided notice is provided
			 to the Department of the change and the change is consistent with the criteria
			 in OAR 690-380-2340; and
(j) Any
			 change of use if the beneficial use authorized by the water use subject to
			 transfer is irrigation and the owner of the water right uses the water for
			 incidental agricultural, stock watering and other uses related to irrigation
			 use, so long as there is no increase in the rate, duty, total acreage benefited
			 or season of use.