Current through Register Vol. 63, No. 9, September 1, 2024
(1) Under this
rule, holders of municipal and quasi-municipal water use permits may apply to
the Department for an extension of time to complete construction and/or apply
the water to full beneficial use pursuant to ORS
537.230 or
537.630.
(2) To apply for an extension of time to
complete construction and/or to apply the water to the full beneficial use, a
holder of a municipal or quasi-municipal water use permit shall submit to the
Department a completed extension application. A separate application must be
completed for each permit. Application forms are available from the
Department.
(3) The completed
application must include the fee specified in ORS
536.050 and an application form
setting forth:
(a) The name and mailing
address of the water right permit holder(s);
(b) The permit number for which an extension
is requested;
(c) For
quasi-municipal water use permit holders, evidence of the actions taken to
begin actual construction on the project, as defined in 690-315-0020(3)(d), if
required under the applicable statute;
(d) For municipal water use permits issued on
or after June 29, 2005, evidence of the actions taken to begin actual
construction on the project, as defined in 690-315-0020(3)(d);
(e) Evidence of actions taken to develop the
right within the permitted time period and/or time period of the previous
extension;
(f) Evidence of
compliance with conditions contained in the permit and any previous
extension(s) or the reason the condition was not satisfied;
(g) Evidence of the maximum rate, or duty if
applicable, diverted for beneficial use, if any, made to date;
(h) An estimate of the population served and
a description of the methodology(ies) used to make the estimate;
(i) A description of financial expenditures
made toward completion of the water development;
(j) An estimate of the cost to complete the
water development;
(k) A summary of
any events that delayed completion of the water development or application of
water to full beneficial use, including other governmental requirements, if
any, relating to the project that have significantly delayed completion of
construction or perfection of the right;
(l) An estimated demand projection and a
description of the methodology(ies) used for the subject water right permit,
considering the other water rights held by the municipal or quasi-municipal
water use permit holder, and a date by which the water development is
anticipated to be completed and water put to full beneficial use. Extension
requests for greater than 50 years must include documentation that the demand
projection is consistent with the amount and types of lands and uses proposed
to be served by the permit holder.
(m) A summary of the applicant's plan and
schedule to complete construction and/or perfect the water right;
(n) Justification for the time requested to
complete the project and/or apply the water to full beneficial use;
(o) Any other information the applicant
determines is relevant to evaluate the application in accordance with
applicable statutes and rules;
(p)
Any other information required by the Department that is necessary to evaluate
the application in accordance with applicable statutory requirements;
and
(q) For municipal water use
permits issued before November 2, 1998, for the first extension issued after
June 29, 2005, the completed application must include a copy of any agreements
regarding use of the undeveloped portion of the permit between the permit
holder and a federal or state agency that include conditions or required
actions that maintain the persistence of listed fish species in the portions of
waterways affected by water use under the permit.
Stat. Auth.: ORS
536.025 &
536.027
Stats. Implemented: ORS
536.050,
537.230,
537.248,
537.630 &
539.010
