Oregon Administrative Code

690-385-3150 Temporary Change from Surface Water Point of Diversion to Ground Water Appropriation (1) A district may, in accordance with the standards established by ORS 540.531(2), apply to transfer a point of diversion to allow the appropriation of groundwater. An application f…

690-385-3200 District Temporary Transfer Applications (1) Each district temporary transfer application shall contain the standard information required by OAR 690-385-2000. (2) Pursuant to ORS 540.570(3), a district temporary transfer application shall include a statement certifyi…

690-385-3300 District Temporary Transfer Application Map Requirements (1) A temporary district transfer application map shall meet the standards of OAR 690-385-2200. (2) In addition, for the following transfers, the application map shall include: (a) For a change from a surface w…

690-385-3400 District Temporary Transfer Application Notice and Review (1) On receipt of a temporary district transfer application, the Department shall review the application to determine if the district has included the information required by OAR 690-385-3200 and if the water …

690-385-3500 District Temporary Transfer Approval and Final Orders A district temporary transfer application submitted according to ORS 540.570 and OAR 690-385-3200 shall be approved if the Department determines that: (1) The water right proposed for transfer is subject to transf…

690-385-3520 Fish Screening Devices (1) Pursuant to ORS 540.570, when an application includes a temporary change in point of diversion, the Department shall consult with ODFW to determine whether a fish screen device is necessary to prevent fish from leaving the body of water and…

690-385-3600 Appeal of a Final Order Approving a District Temporary Transfer A final order approving a district temporary transfer under OAR 690-385-3500 may be appealed by: (1) Petitioning for judicial review of the final order pursuant to ORS 536.075(1); or (2) Petitioning the …

690-385-4000 District Permanent Transfer Criteria Pursuant to ORS 540.580, the Department may approve a district permanent transfer application to permanently change the place of use provided: (1) The proposed transfer involves the use of water on lands located within the boundar…

690-385-4100 Notice of District Permanent Transfer (1) A district may allow a change in place of use prior to the Department issuing an order approving a district permanent transfer application provided: (a) The district files notice of the change in place of use under section (2…

690-385-4200 District Permanent Transfer Applications Each district permanent transfer application shall contain the standard information required by OAR 690-385-2000. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 536.050, 540.574 & 540.580 Hist…

690-385-4300 District Permanent Transfer Application Map Requirements A district permanent transfer application map shall meet the standards of OAR 690-385-2200. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.580 History: WRD 9-2004, f. & cer…

690-385-4400 District Permanent Transfer Application Notice and Review (1) On receipt of a district permanent transfer application, the Department shall review the application to determine if the district has included the information required by OAR 690-385-4200 and if the water …

690-385-4500 District Permanent Transfer Approval and Final Orders A district permanent transfer application submitted according to ORS 540.580 and OAR 690-385-4000 shall be approved if the Department determines that: (1) The water right is subject to transfer as defined in ORS 5…

690-385-4580 Original Right Terminated by Final Order Issuance of a final order approving a permanent change in place of use terminates the right to use water at the previously authorized place of use. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: O…

690-385-4600 Protests and Requests for Hearings Approval of a permanent district transfer application under OAR 690-385-4500, may be protested: (1) Within 30 days of posting the Department's weekly notice; (2) By any potentially affected holder of an existing water right, either …

690-385-4700 Hearings (1) If a protest is filed under OAR 690-385-4600, the Department shall hold a hearing on the matter. (2) Notice and conduct of the hearing shall: (a) Be under the applicable provisions of ORS 183.310 to 183.550, pertaining to contested cases, and the hearing…

690-385-5000 District Permanent Transfer of Water Right for Nonuse Criteria Pursuant to ORS 540.572, the Department may approve a district permanent transfer application to permanently change the place of use of the water right appurtenant to land no longer irrigated or susceptib…

690-385-5100 Notice of Nonuse of Water Right and Intent to Transfer Pursuant to ORS 540.572 (1) Prior to submitting a district permanent transfer application under OAR 690-385-5200, a district shall provide written notice to the user and any security interest holders of record in…

690-385-5200 District Permanent Transfer of Water Right for Nonuse Applications (1) Each district permanent transfer of water right for nonuse application shall contain the standard information required by OAR 690-385-2000; and (2) Include the following: (a) A copy of the notice …

690-385-5300 District Permanent Transfer of Water Right for Nonuse Application Map Requirements A district permanent transfer application map shall meet the standards of OAR 690-385-2200. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 540.574 & 5…

690-385-5400 Notice of Filing District Permanent Transfer of Water Right for Nonuse Application (1) Upon submitting a district permanent transfer application to the Department pursuant to ORS 540.572 and OAR 690-385-5000, a district shall: (a) Provide notice to the users of affec…

690-385-5500 District Permanent Transfer of Water Right for Nonuse Application Notice and Review (1) On receipt of a district permanent transfer application, the Department shall review the application to determine if the district has included the information required by OAR 690-…

690-385-5600 District Permanent Transfer of Water Right for Nonuse Approval and Final Orders A district permanent transfer application submitted under ORS 540.572 and OAR 690-385-5000 shall be approved if the Department determines that: (1) The water right proposed for transfer i…

690-385-5680 Original Right Terminated by Final Order Issuance of a final order approving a permanent change in place of use for nonuse terminates the right to use water at the previously authorized place of use. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Imp…

690-385-5700 Protests and Requests for Hearings (1) Approval of a district permanent transfer of water right for nonuse application under ORS 540.572 and OAR 690-385-5000, may be protested: (a) By any user; and (b) Within 60 days of mailing the notice under OAR 690-385-5400. (2) …

690-385-5800 Hearings (1) If a protest is filed under OAR 690-385-5700, the Department shall hold a hearing on the matter. (2) Notice and conduct of the hearing shall: (a) Be under the applicable provisions of ORS 183.310 to 183.550, pertaining to contested cases, and the hearing…

690-385-5900 Time Period to Process Permanent Transfer Application Exempt from Forfeiture If a district submits a permanent transfer application under OAR 690-385-5000 no later than the end of the calendar year of the fifth year of non-use under ORS 540.610(1), the forfeiture pro…

690-385-6000 Miscellaneous Provisions: Multiple Primary Water Rights on the Same Lands If the water right records show two or more rights as primary on the same land, the right with the oldest priority date shall be considered the primary water right unless the applicant designat…

690-385-7000 Completion and Perfection of Transferred Rights: Time for Completion (1) The time for a district to complete a transfer as authorized by a final order shall be one full year from the approval date plus an additional time until the next October 1. A longer time for co…

690-385-7100 Completion and Perfection of Transferred Rights: Failure to Complete a Transfer as Grounds for Cancellation (1) Upon issuance of a final order approving a transfer the water use subject to transfer becomes inchoate (incomplete) until the authorized change has been co…

690-385-7200 Completion and Perfection of Transferred Rights: Extension of the Time Limits (1) If the transfer is not completed within the time allowed in the final order, a district may file an application for an extension of time. The application shall contain sufficient inform…

690-385-7400 Completion and Perfection of Transferred Rights: Proof of Use; Noncompliance (1) No later than one year following the date specified in a final order for a district to complete a transfer and apply water to beneficial use, a district shall provide the Department proo…

690-385-7600 Completion and Perfection of Transferred Rights: Proof of Completion of Change (1) The Department may issue a certificate of water right upon satisfactory proof of completion of the change or changes authorized by a final order approving a permanent district transfer…

690-385-7800 Completion and Perfection of Transferred Rights: Request for Reconsideration (1) A petition for reconsideration of the content of a proposed certificate may be submitted in writing to the Department by the district or user. The petition shall describe the disagreemen…

690-400-0000 Purpose and Authorization (1) These rules, and those contained in division 410, establish statewide policies and principles pertaining to a wide range of water-related topics. All Water Resources Commission and Department activities, including but not limited to: (a)…

690-400-0010 Definitions As used in the rules contained in divisions 400 and 410, unless the context requires otherwise: (1) “Allocate” means to determine allowable new uses by classifying waters through basin program rules, withdrawing waters, reserving water for future economic…

690-410-0010 Groundwater Management (1) Policy — The groundwaters of the State of Oregon belong to the public. The reasonable control, protection, and use of groundwater is governed by the state on behalf of the public. Groundwater shall be managed to promote efficient and sustai…

690-410-0020 Hydroelectric Power Development (1) Policy — Development and production of hydroelectric power is a beneficial use. However, construction and operation of hydroelectric facilities have had significant adverse impacts on the state’s natural resources. New hydroelectri…

690-410-0030 Instream Flow Protection (1) Policy — Benefits are provided by water remaining where it naturally occurs. Protecting streamflows which are needed to support public uses is a high priority for the state. The long term goal of this policy shall be to establish an instr…

690-410-0040 Interstate Cooperation (1) Policy — The state will seek to cooperate with other states in planning, developing, managing, and resolving conflicts involving surface or groundwater resources. Interstate cooperation shall be actively pursued to benefit the public intere…

690-410-0050 Water Resources Protection on Public Riparian Lands (1) Policy — The water-related functions of riparian areas on public lands shall be protected. On public lands, management activities in riparian areas shall be planned to maintain or improve riparian conditions tha…

690-410-0060 Conservation and Efficient Water Use (1) Policy — The elimination of waste and improving the efficiency of water use are high priorities. Use of water without waste is required by state statute and the prior appropriation doctrine. Programs to eliminate waste shall b…

690-410-0070 Water Allocation (1) Policy. The waters of the state shall be allocated within the capacity of the resource and consistent with the principle that water belongs to the public to be used beneficially without waste. Water shall be allocated among a broad range of benef…

690-410-0080 Water Storage (1) Policy. Water storage options are an integral part of Oregon’s strategy to enhance the public and private benefits derived from the instream and out-of-stream uses of the state’s water resources. Storage can provide increased water management flexib…

690-500-0010 Basin Programs Preamble (1) The Water Resources Commission is responsible for the establishment of policy and procedures for the use and control of the state’s water resources. In executing this responsibility, the Commission develops, adopts and periodically modifie…

690-500-0020 Definitions Unless otherwise defined in a basin program, the following definitions apply in OAR 690, divisions 501, 504–512, and 515–520 to any classification adopted prior to January 1, 1993: (1) “Domestic Use” means the use of water for domestic water use, group do…

690-501-0005 Classifications (1) In accordance with ORS 536.220, 536.300, 536.310, and 536.340, the waters of the North Coast Basin are classified for domestic, livestock, municipal, irrigation, power development, industrial, mining, recreation, wildlife, and fish life, with the …

690-501-0010 Minimum Perennial Streamflows For the purpose of maintaining a minimum perennial streamflow sufficient to support aquatic life, no appropriations of water except for human consumption, livestock consumption, and waters legally released from storage shall be granted f…

690-501-0030 Out-of-Basin Appropriations To support present and proposed North Coast Basin water resource development, no out-of-basin appropriation of the waters of the North Coast Basin shall be granted without the prior approval of, and following a public hearing by, the Water…

690-501-0040 Water Quality Rights to use of water grant by any state agency in accordance with this water use program shall be issued only on the condition that any effluents or return flows from such uses shall not interfere with other beneficial uses of water. Statutory/Other A…