Oregon Administrative Code

690-380-5110 Original Right Terminated Approval of a change in use or place of use terminates the right to use water for the existing character of use or place of use under the original water right as described in the transfer application form required under OAR 690-380-3000. Sta…

690-380-5120 Multiple Primary Water Rights on the Same Lands If the water right records show two or more irrigation 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, oth…

690-380-5130 Assignment or Change of Ownership (1) When a change of ownership or interest occurs in lands described by a transfer application or by an order approving a transfer, the record holder may request the director to record an assignment to the new owner. (2) If the recor…

690-380-5140 Time for Completion (1) The Department shall fix a time limit in the order authorizing a change of character of use, place of use or point of diversion or appropriation within which the approved changes may be completed. (2) Extensions of time to complete a transfer …

690-380-6010 Failure to Complete a Transfer as Grounds for Cancellation (1) Upon approval of a change in use or place of use, the water use subject to transfer is considered inchoate (incomplete) until the authorized change has been completed to the satisfaction of the director. …

690-380-6020 Extension of Time (1) An order authorizing a water right transfer sets a time limit in which to beneficially use the water. If the transfer is not completed within the time limit, the owner may file an application for an extension of time. The application shall conta…

690-380-6030 Proof Of Use (1) Transfers shall have a Claim of Beneficial Use report and map prepared by a certified water right examiner in accordance with OAR chapter 690, division 14. (2) If any property described in the order approving the transfer application is not included …

690-380-6040 Proof of Completion of Change (1) The director shall issue a certificate of water right upon satisfactory proof of completing the change or changes authorized by a transfer approval order. Satisfactory proof shall be one of the following: (a) A determination by the D…

690-380-6050 Waiver of Proof of Completion (1) The Director may waive any of the proof of completion requirements of OAR 690-380-6040, if: (a) The waiver of the mapping requirements has been previously approved under OAR 690-380-3410; or (b) The Director determines that other cir…

690-380-6060 Petition for Reconsideration (1) A petition for reconsideration of the content of a proposed certificate may be submitted in writing to the Department by the transferee or landowner. The petition shall describe the disagreement with the proposed certificate. (2) The …

690-380-7000 Types of Permit Amendments As provided in ORS 537.211(4), the water right permit holder of record may request to change the point of diversion or appropriation pursuant to OAR 690-380-7010, the point of diversion to allow the appropriation of groundwater pursuant to …

690-380-7010 Change in Point of Diversion or Appropriation (1) The point of diversion or point of appropriation of a water right permit may be changed if the proposed change meets the criteria outlined in OAR 690-380-7300, the proposed change meets the requirements under OAR 690-…

690-380-7020 Change from Surface Water Point of Diversion to a Groundwater Appropriation The surface water point of diversion of a water right permit, or portion thereof, may be changed to allow the appropriation of groundwater instead of surface water, provided the proposed chan…

690-380-7030 Change in Place of Use (1) The place of use of a water right permit may be changed, provided the land on which the water is to be used is owned or controlled by the permit holder of record and the proposed place of use is contiguous to the land to which the permit is…

690-380-7100 Permit Amendment Application Requirements A separate application is required for each water right permit proposed to be amended. Each permit amendment application shall be prepared in ink or typewritten on forms provided by the Department. Permit amendment applicatio…

690-380-7110 Permit Amendment on Behalf of a Public Corporation For an application made by or on behalf of a public corporation, the Department may issue a permit approving the application without requiring the applicant to obtain prior written authorization or an easement permit…

690-380-7200 Notice of Permit Amendment (1) On receipt of an application for permit amendment, the Department shall review the application to determine if the applicant has included the information required by OAR 690-380-7100 and if the time specified in the permit, or the last …

690-380-7300 Permit Amendment Final Order (1) A permit amendment application shall be approved through issuance of a final order if the Department determines that: (a) The water right permit to be amended is not cancelled (b) The time specified in the permit to perfect the water …

690-380-8000 Temporary Transfers Any person who holds a water use subject to transfer may request that the Department approve: (1) For a period of not to exceed five years, a temporary transfer of the place of use and, if necessary to convey the water to the new temporary place o…

690-380-8002 Temporary Transfer Applications under OAR 690-380-8000(1) (1) Applications for a temporary transfer under OAR 690-380-8000(1) shall be on the Department’s water right transfer application form, shall be clearly marked “Temporary Transfer,” and shall include the follo…

690-380-8003 Renewal of a Previously Approved Temporary Transfer Application under OAR 690-380-8000(1) (1) Any person who holds a water use subject to transfer for which a temporary transfer application was approved within the past 5 years may request that the Department approve …

690-380-8004 Temporary Transfer Applications under OAR 690-380-8000(2) (1) Applications for a temporary transfer under OAR 690-380-8000(2) shall be on the Department’s water right transfer application form, shall be clearly marked “Temporary Transfer,” and shall include the follo…

690-380-8010 Seasonal Use Except as provided in OAR 690-380-8004, the lands from which the water use subject to transfer is removed shall receive no water, under the appurtenant rights, during the period of a temporary transfer. In the case of a temporary transfer approved during…

690-380-8020 Supplemental Water Rights (1) When an application for a temporary transfer of the place of use is filed with the Department, the applicant also shall indicate whether the land described in the application has an appurtenant supplemental water right or permit. The app…

690-380-9000 Clarification of Water Rights (1) If the Director decides that a certificate of water right does not identify the lands to which the right is appurtenant with sufficient specificity for management, delivery, or transfer of that right, the Director may issue a propose…

690-382-0010 Purpose (1) The rules in OAR chapter 690, division 382 establish the requirements and procedures to be used by the Department to evaluate an application to modify a groundwater certificate of registration. The rules describe the requirements for changing the point of…

690-382-0100 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 382. Where a term is defined in more than one rule, the definition in this rule applies. (1) "Certificate of reg…

690-382-0200 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 certificate of registration that is layered shall be recognized only if concurrent changes to the other layered…

690-382-0300 Modification of Certificates of Registrations (1) An application for recognition of a modification of a certificate of registration may be filed by: (a) The person named on the certificate of registration or to whom the certificate of registration has been assigned; …

690-382-0400 Application for Modification of Certificate of Registration Each application for modification of a certificate of registration shall be prepared in ink or typewritten on a form provided by the Department. Applications shall contain the following minimum information c…

690-382-0450 Existing Documentation of Modifications If documentation of a modification under a ground water registration was on file with the Department prior to July 22, 2005, the Department shall provide an application for recognition of the modification described in the notic…

690-382-0500 Fee Refunds If an applicant for a modification to change the point of appropriation abandons the original well identified in the claim according to well construction standards within one year of the Department's recognition of the modification, the applicant may requ…

690-382-0550 Completeness Review and Initial Review (1) On receipt of an application for modification, the Department shall review the application to determine if all fees have been paid and the applicant has included the information required by OAR 690-382-0400. (2) If the Depar…

690-382-0600 Request for Comments (1) If, within 30 days from the date of the Department’s notification to the applicant described in OAR 690-382-0550(5), the applicant notifies the Department to proceed with the application and provides any outstanding information necessary to c…

690-382-0700 Proposed Final Order (1) After the conclusion of the public comment period described in OAR 690-382-0600(2), the Department shall: (a) Issue a proposed final order indicating whether the modification should be recognized, taking into account comments received in resp…

690-382-0800 Notice of Proposed Final Order (1) Upon issuance of the Department's proposed final order, the Department shall: (a) Send a copy of the proposed final order to the applicant by registered or certified mail in accordance with ORS 183.415; and (b) Give notice of the ap…

690-382-0900 Protests and Hearings (1) 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 2. (2) Within 45 days after the publication in the Department’s w…

690-382-1000 Final Order on Recognition of Modifications (1) An application for modification of a certificate of registration shall be recognized if the Department determines that: (a) The proposed modification would not result in enlargement as defined in OAR 690-382-0100(2); (b…

690-382-1200 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…

690-385-0010 Purpose (1) The rules in chapter 690, division 385 establish requirements and procedures that shall be used by the Department to evaluate an application to temporarily or permanently change a water use subject to transfer managed by a district pursuant to ORS 540.570…

690-385-0100 Definitions The definitions in this rule, along with the definitions in OAR 690-08-0001 (Statutory Ground Water Terms), 690-300-0010 (Definitions), and 690-380-0100 (Water Right Transfers), apply to the rules in OAR chapter 690, division 385. Where a term is defined …

690-385-2000 Standard Requirements for Application for Transfer (1) Each application shall be prepared in ink or typewritten on forms acceptable to the Department, or in a digital format acceptable to the Department. Applications shall contain the following information about the …

690-385-2200 Standard Map Requirements (1) A map certified by the district but which need not be prepared and stamped by a certified water right examiner shall be included with each district transfer application. The map shall meet the following criteria: (a) The map shall be of …

690-385-3000 District Temporary Transfer Criteria Renumbered from 690-021-0020 (1) Pursuant to ORS 540.570, the Department may approve a district temporary transfer application for a period of time not to exceed one irrigation season provided: (a) The district has a manager; (b) …

690-385-3100 Types of District Temporary Transfers District temporary transfers include: (1) A change in place of use; (2) A change in type of use of a water right to store water; (3) A change in type of use from a primary right to a supplemental right; (4) A change in point of d…

690-385-3110 Temporary Change in Place of Use (1) A change in place of use may be made as approved by the Department. (2) When an application for a temporary change in place of use for a primary water right is submitted according to OAR 690-385-3200, the district also shall ident…

690-385-3120 Temporary Change in Type of Use of a Water Right to Store Water A change in the type of use of a water right to store water (reservoir right) may be made provided: (1) The district receives the written consent of the operator of the reservoir; and (2) The district is…

690-385-3130 Temporary Change in Type of Use from a Primary Right to a Supplemental Right (1) A district may apply to change a primary right to a supplemental right. The use of water on the lands covered by a right temporarily diminished to supplemental is restricted to the total…

690-385-3140 Temporary Change in Point of Diversion or Appropriation (1) As provided in ORS 540.570, a temporary change in point of diversion or appropriation may be made in combination with, or as necessary to facilitate, a change in place of use. (2) A change in point of divers…

690-385-3145 Temporary Change in Point of Diversion in Response to an Emergency (1) As provided in ORS 540.570, a temporary change in point of diversion may be made in response to an emergency as defined in OAR 690-385-0100(19). (2) A temporary change in point of diversion is res…