Current through Register Vol. 63, No. 9, September 1, 2024
(1) If the order approving the application
for allocation of conserved water allows a time period for finalizing the
allocations water prior to certification, upon notice from the applicant that
the project has been completed, the Director shall issue an order:
(a) Canceling the water right held by the
applicants that are modified by the allocation of conserved water;
(b) Allowing the continued use of water for
the purposes and at the locations described in the original water right
certificates at the rate and duty prescribed under OAR 690-018-0050(4)(e);
and
(c) Allowing the use and
management of the conserved water as a dedication of the water
instream.
(2) Consistent
with the order approving the allocation of conserved water and at the request
of the applicants within the period allowed under the order under OAR
690-018-0050(4)(i), the Director may increase the amount of water to be used
pursuant to subsection (1)(b) of this rule and decrease by a like amount the
conserved water to be allocated pursuant to 690-018-0050(4)(d) if the Director
finds that the changes are necessary because the conservation project has not
performed as expected and that the applicants' use of additional water would
not be wasteful. A request for additional water submitted under this section
shall include sufficient information to demonstrate that:
(a) The project is less effective than was
expected when the order approving the allocation of conserved water was
issued;
(b) The lack of performance
is not caused by the applicants' failure to maintain the project; and
(c) The amount of water remaining for use
under the original water rights is insufficient to satisfy the beneficial
uses.
(3) Prior to the
expiration of the time allowed under OAR 690-018-0050(4)(i), the applicant may
request that an allocation of conserved water be finalized. The request shall
include:
(a) If all or part of the applicants'
portion of the conserved water is to be used for an out-of-stream use at an
identified location, the following information:
(A) The name and address of the person using
the water;
(B) A description of the
type of beneficial use of the water;
(C) A legal description of the place of use;
and
(D) A map that meets the
standards in OAR 690-310-0050; and
(b) If all or part of the applicants' portion
of the conserved water is to be leased, dedicated or temporarily reserved
instream, a statement identifying the quantity of water to be managed as an
instream water right.
(4) Upon receipt of a request that an
allocation of conserved water be finalized or upon the expiration of the time
allowed under OAR 690-018-0050(4)(i), the Director shall issue:
(a) A superseding certificate as provided for
in the order approving the allocation of conserved water;
(b) A certificate for an instream water right
for the state's portion of the conserved water if required under OAR
690-018-0050(4)(g); and
(c) An
order allowing:
(A) The use of any portion of
the conserved water allocated to the applicants, at the location and for the
type of use identified pursuant to subsection (3)(a) of this rule;
(B) The use and management as an instream
water right of any conserved water that is being leased, dedicated or
temporarily reserved instream.
Stat. Auth.: ORS
536.025,
536.027 &
537.480
Stats. Implemented: ORS
537.455-537.500
