Oregon Administrative Code

690-330-0030 Temperature Control Where a permit has been issued for use of water for temperature control (either heat or cold), a report detailing the amount of water used, the times of application and conditions requiring the use of water for temperature control shall be require…

690-330-0040 Primary and Supplemental Rights (1) Cancellation of primary rights: (a) A notice given pursuant to ORS 540.631 for the proposed cancellation of a primary water right for irrigation of certain lands shall include notice of the proposed cancellation of any supplemental…

690-340-0010 Exempt Uses The uses of water listed below do not require a water right permit under ORS 537.211 or a water right certificate under 537.250: (1) The statutory exemptions from permit requirements for use of groundwater include watering any lawn or noncommercial garden…

690-340-0020 Ponds in Existence Prior to January 1, 1993 (HB 2153, 1993) (1) A landowner with an unpermitted reservoir constructed before January 1, 1993 may apply for a water right permit and continue the use of water while a decision is pending on the application. The water rig…

690-340-0030 Limited License This rule applies to limited license applications submitted to the Department on or after April 1, 2026. Applications submitted before this date shall be subject to rule in effect at the time of submittal. (1) A request for a limited license shall be …

690-340-0040 Registration of Water Use for Road Maintenance and Construction (1) A request by a public agency to register water use for road and highway maintenance, construction and reconstruction shall be submitted on a form provided by the Water Resources Department and shall …

690-340-0060 Expedited Review Process for Applications to Use Stored Water Exclusively This rule applies to applications submitted to the Department on or after April 1, 2026. Applications submitted before this date shall be subject to rules in effect at the time of submittal. (1…

690-350-0010 ASR General Provisions (1) Definitions. The following definitions apply to aquifer storage and recovery in OAR 690, division 350, Rules 0010 to 0030: (a) “Aquifer Storage and Recovery” (ASR) means the storage of water from a separate source that meets drinking water …

690-350-0020 ASR Testing Under Limited License (1) Testing Purposes. To store and use water injected into an aquifer for aquifer storage and recovery testing purposes requires a limited license. Only after completion of an ASR testing program under a limited license may an applic…

690-350-0030 ASR Under ASR Permit (1) ASR Permit Required. On-going authorization to store and recover water injected into an aquifer requires an ASR permit. Only after completion of an ASR testing program under a limited license may an applicant apply for a permanent ASR permit.…

690-350-0110 Artificial Groundwater Recharge (AR) Definitions The following definitions apply to artificial groundwater recharge in OAR 690, division 350, Rules 0110 to 0130: (1) “Artificial Groundwater Recharge” means the intentional addition of water diverted from another sourc…

690-350-0120 Artificial Groundwater Recharge (AR) Applications - Supplemental Information Requirements; Permit Conditions (1) Permit Required. The appropriation of water from any source for the purpose of recharging a groundwater reservoir requires a permit. Likewise, any benefic…

690-350-0130 Secondary Groundwater Permits for Use of Artificially Recharged Waters (AR); Supplemental Information Requirements; Limitations; Conditions (1) Permit Required. The appropriation of artificially recharged groundwater for any beneficial use requires a secondary ground…

690-380-0010 Purpose (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 ch…

690-380-0090 Applicability The rules in this division apply to applications submitted on or after April 1, 2026, except as specified in OAR chapter 690, division 2. Applications submitted before this date shall be subject to rules in effect at the time of submittal, except as spe…

690-380-0100 Definitions The definitions in this rule, along with the definitions in OAR 690-008-0001 and 690-300-0010, apply to the rules in OAR chapter 690, division 380. Where a term is defined in more than one rule, the definition in this rule applies. (1) “District” means an…

690-380-2000 Types of Permanent Transfers Permanent water right transfers include: (1) A change in the point of diversion or appropriation pursuant to OAR 690-380-2110, 690-380-2120 and 690-380-2130; (2) A change in the place of use pursuant to OAR 690-380-2200, 690-380-2250, and…

690-380-2110 Change in Point of Diversion or Point of Appropriation (1) No change in point of diversion or appropriation may be made except as described under OAR 690-380-0010 or as approved or recognized by the Department through a water right transfer, permit amendment under OR…

690-380-2120 Change in Point of Diversion to Reflect Historical Use (1) As provided in ORS 540.532, any individual who holds a water right certificate or decreed right may request a change in point of diversion to reflect the historical use of water at a point of diversion other …

690-380-2130 Change from a Surface Water Point of Diversion to a Groundwater Appropriation (1) As provided in ORS 540.531, an owner of a surface water use subject to transfer may apply for a transfer of the point of diversion to allow the appropriation of ground water, subject to…

690-380-2200 Changes in Place of Use (1) No change in the place of use may be made except as described under OAR 690-380-0010 or as approved by the Department through a water right transfer, permit amendment under ORS 537.211, certificate of registration modification under OAR ch…

690-380-2240 Layered Water Rights and Certificates of Registration (1) Except as provided in section (5) of this rule, a change in place of use or character of use of a water use subject to transfer, or a permit that is layered shall be approved or recognized only if concurrent c…

690-380-2250 Transfer of Supplemental Water Right or Permit (1) When an application for change of the use or place of use for a primary water right is submitted in accordance with OAR 690-380-3000, the applicant also shall indicate whether the land described in the application ha…

690-380-2260 Exchanges of Water (1) A person proposing to use stored, surface or ground water from another source in exchange for supplying replacement water in an equal amount pursuant to ORS 540.533 to 540.543 shall file an exchange application with the Department along with th…

690-380-2300 Changes in Character of Use Water may only be used for the authorized purposes in the water right except as provided under ORS 540.510(3) and (8) and 540.520(8) and (9) or as approved by the Department through a water right transfer, certificate of registration modif…

690-380-2320 Transfer from Supplemental Use to Primary Use A transfer application for a change in use from supplemental use to primary use may be submitted. A transfer will be allowed only to the extent the applicant can establish the quantity of water historically used under the…

690-380-2330 Substitution of Supplemental Groundwater Right for Primary Surface Water Right (1) As provided in ORS 540.524, the holder of both a primary surface water right certificate and a supplemental ground water right certificate or permit may substitute the use of the suppl…

690-380-2340 Specific-to-General Industrial Water Use Change A water right transfer is not required for a general industrial use that was not included in a water right certificate issued for a specific industrial use if: (1) The quantity of water used for the general industrial u…

690-380-2410 Municipal Water Rights (1) Water used under a permit or certificate issued to a municipality, under rights conferred by ORS 538.410 to 538.450, or under the registration system set forth in ORS 537.132 may be applied to beneficial use on: (a) Any lands acquired by th…

690-380-2420 Notice of Merger, Consolidation or Formation of a Water Authority (1) Municipal water supply entities that merge, consolidate or form a water authority may notify the Department of such action and request issuance of superseding certificates pursuant to sections (2) …

690-380-2430 Acquisition of Water Rights by a Water Authority (1) In addition to using the process described in OAR 690-380-2420, a water authority may acquire water rights from a municipality, a domestic water supply district, an irrigation district, a drainage district, a water…

690-380-3000 Application for Transfer A separate application is required for each water use subject to transfer that is involved in the proposed transfer, except for those circumstances outlined in OAR 690-380-2240(1) and (5) or unless the criteria under OAR 690-380-3220 are met.…

690-380-3050 Additional Application Requirements (1) For the purpose of clarifying the water right record, the Department shall require the applicant to provide the additional information in section (2) of this rule if: (a) The proposed transfer involves rights for lands under mo…

690-380-3100 Map Requirements (1) A map shall be included with a transfer application as required under OAR 690-380-3000. The map shall meet the standards in OAR chapter 690, division 305, as well as the following criteria: (a) Except as otherwise provided under OAR chapter 690, …

690-380-3200 District May Submit Application for Water Users (1) A district, authorized to act on behalf of its members, may apply for a water right transfer under the provisions of ORS 540.520. If the proposed change is for other than a change in point of diversion or appropriat…

690-380-3220 Separate Application Required for Each Water Right For changes involving more than one landowner or water use subject to transfer, a separate transfer application is required for each water use subject to transfer from each landowner involved, except when one or more…

690-380-3400 Waiver of Fees The Director shall waive $100 or 50 percent of the application fee, whichever is greater, for that portion of a change to a water right permit under ORS 537.211(4) or a water right subject to transfer under 540.520 or 540.523, that is: (1) To establish…

690-380-3410 Waiver of Mapping Requirements (1) The Director may waive or assist the applicant in satisfying the requirements of OAR 690-380-3100 for a change to a water right subject to transfer under ORS 540.520 or 540.523, if the change is: (a) To establish an instream water r…

690-380-4000 Initial Review (1) On receipt of an application for transfer, the Department shall review the application to determine if the applicant has included the information required by OAR 690-380-3000, all fees have been paid, and if the water rights proposed for transfer a…

690-380-4005 Request for Comments If, within 30 days from the date of the Department’s notification to the applicant described in OAR 690-380-4000(5), the applicant notifies the Department to proceed with the application and provides any outstanding information necessary to conti…

690-380-4010 Proposed Final Order (1) After the conclusion of the public comment period described in OAR 690-380-4005(1)(b), the Department shall: (a) Issue a proposed final order indicating whether the application should be approved or denied taking into account comments receive…

690-380-4020 Notice of Proposed Final Order (1) Upon issuance of the Department's proposed final order and, if applicable, draft remaining right certificate(s), the Department shall: (a) Send copies of the proposed final order and, if applicable, draft remaining right certificate…

690-380-4030 Protests and Hearings (1) Except as described subsection (2) of this rule, protests of, requests for party status, and contested case proceedings concerning proposed final orders are governed by ORS 536.076, ORS 536.077, and OAR chapter 690 division 002. Proposed fin…

690-380-4200 Hearings (1) If a protest is filed under OAR 690-380-4030, the Department shall hold a hearing on the matter. (2) If a protest has asserted that a water right to be transferred has been forfeited through non-use, the Department shall issue a notice of cancellation pr…

690-380-5000 Approval of Transfers (1) A transfer application shall be approved if the Department determines that: (a) The water right affected by the proposed transfer is a water use subject to transfer as defined in ORS 540.505(4) and OAR 690-300-0010(59)) and, for a right desc…

690-380-5030 Approval of Injurious Transfers Following the issuance of an initial review pursuant to OAR 690-380-4000, the Department may approve a transfer of a point of diversion or appropriation that would injure another water right if: (1) For any water right other than an in…

690-380-5040 Affidavits of Consent An affidavit consenting to a proposed change in point of diversion or appropriation under OAR 690-380-5030(1) shall be notarized and shall include statements that the affiant: (1) Is the holder of a water right that the Department has determined…

690-380-5050 Consent to Injury of Instream Water Rights (1) Following the issuance of an initial review pursuant to OAR 690-380-4000, if the applicant notifies the Department that the applicant intends to request consent to injury to an instream water right resulting from a chang…

690-380-5060 Fish Screening and By-Pass Devices (1) Pursuant to ORS 540.525, when an application for a change in point of diversion is received, the Department shall consult with ODFW to determine whether a fish screening or by-pass device is necessary to prevent fish from leavin…

690-380-5100 Compatibility with Acknowledged Comprehensive Plans (1) The Department and Commission shall meet requirements established in OAR 690-005-0045 (Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans) in evaluating and taking action on ap…