Oregon Administrative Code

690-013-0010 Definitions (1) “Altered by the Petition or Proposed Order”: A water right is altered by the petition or proposed order if its defining parameters would be changed if the petition or proposed order were approved. The defining parameters include, among others, the pla…

690-013-0030 Eligibility to Petition (1) The following types of water rights are eligible to petition: (a) A perfected water right which has been assessed by a district in at least one of the last five years. It is not necessary for the water right to be in the name of the distri…

690-013-0050 Individual Applications (1) If the district fails or refuses to file a petition, an owner may file an application affecting only the owner’s land. The application shall be on the form provided by the Department. Division 15 transfer rules shall apply except that the …

690-013-0070 Interim Transfers Water right changes inside districts made prior to July 1, 1993, may comply with the following: (1) Where the change is to occur prior to the District submitting its petition which will include this change, the district may submit a notice to the De…

690-013-0100 District Petitions The district petition shall include: (1) A listing of: (a) All of the applicable water rights on lands within the district boundaries; (b) Only the lands where water use changes have occurred. If the change involves part of a section quarter-quarte…

690-013-0110 Requests for Additional Information (1) Pursuant to ORS 541.329(6), the Director may require additional information if the Director determines it is needed to evaluate the petition. (2) If the Director returns a petition or map to a district for correction or additio…

690-013-0120 Supplemental Permits When supplemental permits apply to lands having perfected water rights, the supplemental permit shall be appurtenant to the land listed in the petition. Statutory/Other Authority: Ch. 1000 & OL 1989 Statutes/Other Implemented: Ch. 1000 & OL 1989 …

690-013-0150 District Shall Certify Petition (1) The petitioner or petitioner’s authorized representative shall certify that the information contained in the petition and attached exhibits is true and accurate to the best knowledge of the petitioner. (2) The petitioner shall cert…

690-013-0200 Mapping Requirements The map submitted with a district petition or individual application shall meet the following criteria: (1) The preferred map size is 8-1/2" by 11"; the maximum size shall be 30" x 30" unless prior approval is obtained from the Department. Standa…

690-013-0310 Processing of Petition (1) When the Department receives a petition and map the Director shall examine the petition and map under OAR 690-013-0350. If, after the petitioner has had an opportunity to correct identified deficiencies, this examination shows that the dist…

690-013-0350 Field Verification of the Petition and Map (1) The Director shall examine the petition and maps that are filed. The examination may include a site inspection to verify the accuracy of the petition, maps and addenda; to verify whether the application of water is to an…

690-013-0500 Penalty for Knowingly Misrepresenting Information The Director may assess penalties of up to $1,000 for knowingly misrepresenting information within a petition or map. The following factors shall be considered when prescribing a penalty: (1) Whether the petitioner ma…

690-014-0005 Introduction (1) The purpose of these rules is to establish the criteria for certification of Water Right Examiners. They also define the minimum standards and criteria under which Certified Water Right Examiners shall conduct surveys to describe the extent of approp…

690-014-0020 Definitions The definitions found in Oregon Administrative Rules chapter 690, divisions 300 and 380 apply. The following definitions also apply: (1) “Acre-Foot (AF)” means the equivalent volume of one acre covered with one foot of water (325,851 gallons). (2) "Certif…

690-014-0030 Certified Water Right Examiner Required for Claim of Beneficial Use In addition to other rules contained in OAR chapter 690 requiring specified information to be prepared by a CWRE, the water right holder or person responsible for a permit or transfer final order mus…

690-014-0050 Certification of Water Right Examiners CWREs shall be certified by OSBEELS. In addition to these rules, OSBEELS rules found in OAR chapter 820 apply. (1) CWRE applicants shall be registered in Oregon as a professional engineer, professional land surveyor or registere…

690-014-0080 Revocation of Certified Water Right Examiner's Certificate CWREs may be decertified by OSBEELS for violation of OAR 690, division 014 rules or violation of OAR 820 rules. (1) Any violation of these rules by a CWRE and brought to the attention of the Director by Depar…

690-014-0090 Maps for Transfer Applications Application maps for transfer shall comply with applicable provisions of ORS chapters 536, 537, and 540, and OAR chapter 690, divisions 020, 305 and 380. Statutory/Other Authority: ORS 536, ORS 537, ORS 536.025 & ORS 536.027 Statutes/Ot…

690-014-0100 Minimum Requirements for Claims of Beneficial Use for Permits and Transfer Final Orders (1) The CWRE shall prepare a report, using a form or format provided by the Department, which describes the status of conditions and limitations in permits and transfer final orde…

690-014-0110 Claim of Beneficial Use: General Standards The Claim of Beneficial Use shall be prepared by a CWRE and submitted by the holder of the permit or transfer final order or by an authorized agent. (1) In addition to the rules of professional conduct found in OAR 820, CWRE…

690-014-0170 Minimum Requirements for Maps for Permit or Transfer Final Order Claims of Beneficial Use (1) Maps submitted by a CWRE as part of the Claim of Beneficial Use shall meet the standards in OAR chapter 690, division 305. In addition, the map shall meet the following crit…

690-014-0190 Time Limit for Filing Claim of Beneficial Use The Claim of Beneficial Use shall be submitted to the Department within one year after the use was reported to the Department as being complete or the beneficial use date allowed in the permit or transfer final order, whi…

690-014-0220 Time Limit to Cure Defects in a Claim of Beneficial Use A Claim of Beneficial Use which needs corrections or additions shall be returned to the CWRE to correct the deficiencies. The corrected claim shall be returned to the Department within the written time limit all…

690-017-0005 Introduction These rules define the process the Water Resources Department will follow when cancelling a perfected water right. Statutory/Other Authority: ORS 536.025 & ORS 536.027 Statutes/Other Implemented: ORS 540.610 - 540.670 History: WRD 3-2026, amend filed 03/…

690-017-0010 Definitions (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 bankr…

690-017-0100 Cancellation Authorized by Record Owner (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 questi…

690-017-0200 Watermaster Affidavit of Inability to Appropriate or Beneficially Use Water (1) If a watermaster has reason to believe that circumstances exist that prevent a water right from being exercised as specified in ORS 540.660(1), the watermaster shall file an affidavit wit…

690-017-0300 Notice of Watermaster Affidavit to Record Owner (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 and OAR 690-017-0200 in the following manner: (a) If there are 25 or f…

690-017-0400 Cancellation Initiated by Department (1) The Department shall initiate proceedings to cancel a perfected water right, as provided in ORS 540.631 and these rules, whenever it appears to the satisfaction of the Director that a right has been forfeited as provided in OR…

690-017-0600 Protest of Cancellation/Statement of Intent to Rebut Presumption of Forfeiture (1) Except as described in sections (2) and (3) of this rule, protests, requests for party status, and contested case proceedings are governed by ORS 536.076, ORS 536.077, and OAR chapter …

690-017-0700 Cancellation Hearing (1) Except as described in subsection (2) of this rule, hearings on proposed cancellations are governed by ORA 536.076, ORS 536.077, and OAR chapter 690, division 2. Proposed final orders shall become final by default as provided in OAR 690-002-0…

690-017-0800 Grounds for and Manner of Rebutting a Presumption of Forfeiture (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 forfeitu…

690-017-0900 Time Period of Non-Use Where the rebutted nonuse occurs as an intervening period within an unrebutted period of nonuse totaling five or more years, the remaining unrebutted years of nonuse will be treated as consecutive and cancellation will be initiated. Statutory/O…

690-018-0010 Purpose and Applicability (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…

690-018-0012 Allocation Formula and Process (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 an…

690-018-0014 Timing of applications (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 applicatio…

690-018-0020 Definitions 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…

690-018-0025 District Requirements (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 conse…

690-018-0040 Application Requirements 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(s) of the applicant(s), mailing address…

690-018-0050 Processing a Conservation Application and Approval of a Conservation Project (1) When the Department receives an application for allocation of conserved water, the Department shall: review the application to determine if the applicant has included the information req…

690-018-0062 Completion of Conservation Project and Testing Period (1) If the order approving the application for allocation of conserved water allows a time period for completing the conservation measures and finalizing the allocations of conserved water prior to certification, …

690-018-0065 Finalization of Conservation Project (1) Prior to the expiration of the time allowed under OAR 690-018-0050(7)(a)(A)(ii) or -0050(7)(b)(A), the applicant may request that an allocation of conserved water be finalized. The request shall include: (a) If all or part of …

690-018-0080 Management of Conserved Water (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 o…

690-018-0090 Change in Use of Conserved Water (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 inc…

690-019-0010 Purpose of Rules (1) The following OARs 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 536.700–536.780 "Emergency Water Shortage Powers." (2…

690-019-0020 Definitions 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…

690-019-0030 Duration of Drought Declaration (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 u…

690-019-0040 Emergency Water Use Permit (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…

690-019-0050 Incomplete Applications 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 …

690-019-0055 Temporary Drought Transfers (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 wat…