Current through Register Vol. 63, No. 9, September 1, 2024
(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 character of use, place of use, point of diversion or point of
appropriation of a water use subject to transfer and for temporarily changing
the character of use of stored water and the place of use of a water use
subject to transfer.
(2) A water
user may make the following changes without filing a transfer application
pursuant to ORS 540.520 and OAR 690-380-3000:
(a) The allocation of conserved water,
however, an application for allocation of conserved water is required pursuant
to ORS 537.455 to
537.500 and OAR chapter 690,
division 18 and notice of a change in place of use of conserved water is
required pursuant to 537.490;
(b) Use water at an additional or different
place of use under a water use subject to transfer issued to a municipality,
rights conferred by ORS
538.410 to
538.450, or under the
registration system set forth in
537.132 provided the water use
complies with the requirements under
540.510(3)(a)(A) to
(C) and
540.510(3)(b);
(c) Use water at a different place of use
under a permit or certificate issued to a district pursuant to ORS
540.570 to
540.580 and OAR Chapter 690,
division 385, however, a petition for the change must be submitted to the
Department by the district;
(d) A
change in point of diversion pursuant to ORS
540.510(5) and
the diversion is provided with a proper fish screen, if requested by
ODFW;
(e) A change in point of
diversion in response to government action pursuant to ORS
540.510(6)
provided that the owner notifies the Department before changing the point of
diversion;
(f) A change in point of
diversion or appropriation or a change in place of use under a water use permit
through a permit amendment for which an application has been filed and approved
by the Department pursuant to ORS
537.211(4) to
(9);
(g) Water right changes made for lands not
described in a permit when the Department issues a certificate pursuant to ORS
537.252;
(h) An exchange of water that meets the
criteria in ORS 540.533 and
540.537 if the exchange is
approved pursuant to OAR 690-380-2260;
(i) A change in character of use from a
specific industrial use to general industrial use provided notice is provided
to the Department of the change and the change is consistent with the criteria
in OAR 690-380-2340; and
(j) Any
change of use if the beneficial use authorized by the water use subject to
transfer is irrigation and the owner of the water right uses the water for
incidental agricultural, stock watering and other uses related to irrigation
use, so long as there is no increase in the rate, duty, total acreage benefited
or season of use.
Stat. Auth.: ORS
536.025 &
536.027
Stats. Implemented: ORS
540.510 -
540.532
