Or. Admin. Code § 690-380-8002

Current through Register Vol. 63, No. 10, October 1, 2024

Section 690-380-8002 - Temporary Transfer Applications under OAR 690-380-8000(1)

(1) Applications for a temporary transfer under OAR 690-380-8000(1) shall be on the Department's water right transfer application form, shall be clearly marked "Temporary Transfer," and shall include the following:

(a) The information required in OAR 690-380-3000;

(b) The length of time for which the change is being requested;

(c) The appropriate fee pursuant to ORS 536.050; and

(d) A map prepared pursuant to the requirements of OAR 690-380-3100, except it need not be prepared by a certified water right examiner.

(2) Notwithstanding the requirements of OAR 690-380-4020, the Department shall issue an order to approve a request for a temporary transfer under this rule if the Department determines that the temporary transfer will not injure any existing water right. In issuing the order, the Department may include any conditions necessary to protect other water rights.

(3) All uses for which a temporary transfer is allowed under this rule shall revert automatically to the terms and conditions of the water use subject to transfer upon expiration of the temporary transfer period, or earlier if requested in writing by the applicant.

(4) The time during which water is used under an approved temporary transfer order does not apply toward a finding of forfeiture under ORS 540.610.

(5) The Department may revoke a prior approval of the temporary transfer at any time if the Department finds that the transfer is causing injury.

(6) If the Department determines that the application is incomplete or defective or that all fees have not been paid, the Department shall return the application.

Or. Admin. Code § 690-380-8002

WRD 1-2004, f. & cert. ef. 3-17-04

Stat. Auth.: ORS 536.025 & 536.027

Stats. Implemented: SB 820, 2003 OL