Oregon Administrative Rules
Chapter 690 - WATER RESOURCES DEPARTMENT
Division 380 - WATER RIGHT TRANSFERS
Section 690-380-5000 - Approval of Transfers
Universal Citation: OR Admin Rules 690-380-5000
Current through Register Vol. 63, No. 9, September 1, 2024
(1) A transfer application shall be approved if the Department determines that:
(a) The water right affected by the proposed
transfer is a water use subject to transfer as defined in ORS
540.505(4) and
OAR 690-380-0100(14) and, for a right described under 690-380-0100(14)(d), the
proof of completion has been approved under 690-380-6040;
(b) The portion of the water right to be
transferred is not cancelled pursuant to ORS
540.610;
(c) The proposed transfer would not result in
enlargement as defined in OAR 690-380-0100(2);
(d) Except as provided in OAR 690-380-5030,
the proposed transfer would not result in injury as defined in 690-380-0100(3);
and
(e) Any other requirements for
water right transfers are met.
(2) Except as otherwise provided in OAR 690-380-4020(8), the Department shall issue a final order consistent with the preliminary determination described in 690-380-4010 if no protests or notifications of intent are received under 690-380-4030(1).
Stat. Auth.: ORS 536.025 & 536.027
Stats. Implemented: ORS 540.510 - 540.532
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