Oregon Administrative Rules
Chapter 690 - WATER RESOURCES DEPARTMENT
Division 385 - DISTRICT WATER RIGHT TRANSFERS
Section 690-385-5100 - Notice of Nonuse of Water Right and Intent to Transfer Pursuant to ORS 540.572
Universal Citation: OR Admin Rules 690-385-5100
Current through Register Vol. 63, No. 9, September 1, 2024
(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 the land to which the water right is appurtenant.
(2) Notice shall be sent by certified mail to the last known address of the user with a return receipt requested.
(3) The notice shall include:
(a) A statement advising the
user that the district has determined that the user's land is no longer
irrigated or susceptible of irrigation and that the district intends to submit
an application to permanently transfer the water right pursuant to ORS
540.572.
(b) A statement that the user has a 30-day
period, from the mailing date of the notice, in which to submit to the district
a written objection to the proposed transfer application;
(c) A statement that the user shall notify
the district, within the 30-day period described in subsection (3)(b) of this
rule, if the user intends to demonstrate that the nonuse is excused by one of
the provisions under ORS
540.610.
(d) A statement that the user may demonstrate
beneficial use of the water right by:
(A)
Beneficially irrigating the lands to which the water right is appurtenant prior
to the end of the irrigation season of the fifth consecutive year of nonuse,
or
(B) Making beneficial use of
water under one of the qualifying programs of the Water Resources Department
such as, but not limited to, submitting a water right transfer under OAR 690,
division 380 or a transfer to instream use under OAR 690, division 077, prior
to the end of the irrigation season of the fifth consecutive year of
nonuse.
(e) A general
description of the land according to public land survey description to which
the water right is appurtenant;
(f)
The number of acres of water right, by tax lot, for which the user is charged
or assessed by the district and which the district intends to propose for
transfer under OAR 690-385-5200;
(g) A description of the type of use
described by the water right of record;
(h) A list of the name and address of
security interest holders of record in the land to which the water right is
appurtenant; and
(i) A request for
the user to respond confirming that the information in the notice is
correct.
Stat. Auth.: ORS 536.025 & 536.027
Stats. Implemented: ORS 540.572
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
