Or. Admin. Code § 690-380-8004

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

Section 690-380-8004 - Temporary Transfer Applications under OAR 690-380-8000(2)

(1) Applications for a temporary transfer under OAR 690-380-8000(2) 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 for the transfer pursuant to ORS 536.050;

(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;

(e) Where applicable, a description of the use of any portion of the water right not proposed to be transferred under OAR 690-380-8000(2);

(f) Evidence that an agreement exists between the landowner, district, and receiving municipality if the water right to be temporarily transferred is served by a district.

(2) Any portion of the use of a water right that is not temporarily transferred under OAR 690-380-8000(2) may be used on the designated part of the lands described in the original water right permit, certificate, or adjudication under ORS Chapter 539 as evidenced by a court decree, if the use:

(a) Does not encompass more than the remaining portion of the lands,

(b) Does not enlarge the water right or increase the rate, duty, total acreage benefited or season of use, and

(c) Is within the same land ownership as the water right proposed for transfer.

(3) 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.

(4) 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:

(a) The proposed temporary transfer will not result in injury to any existing water right or enlargement of the water right;

(b) The person holds a water right subject to transfer;

(c) The type of use specified in the original water use subject to transfer is irrigation;

(d) The person to whom the right is transferred is:

(A) Located with the Deschutes River Basin; and

(B) A city, a quasi-municipal corporation, a domestic water supply district formed under ORS Chapter 450, a water supplier as defined in 448.115 or a water authority formed under ORS Chapter 450;

(e) The proposed use is municipal use.

(5) In issuing the order, the Department may:

(a) Include any conditions necessary to protect existing water rights, including any reporting, measurement, and mapping requirements to ensure that use of any remaining portion of the right is consistent with the transfer; and

(b) Prescribe the duration of the temporary transfer period, up to 25 years.

(6) For temporary transfers proposing to use a remaining portion of the right under section 2 of this rule, the Department shall require the installation of a measuring device, monthly recording of water use, and annual reporting of water use.

(7) All temporary transfers 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.

(8) 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.

(9) The Department may revoke a prior approval of the temporary transfer at any time if:

(a) The Department finds that the transfer is causing injury or results in enlargement; or

(b) Reporting, mapping, or measurement conditions associated with use of any remaining portion of the right under section 2 of this rule are not met.

(10) Prior to revoking a temporary transfer under this rule for failing to comply with any of the conditions of the transfer, the Department may seek compliance with the terms of the temporary transfer.

(11) The Department shall provide notice and review of temporary transfer applications under this rule pursuant to OAR 690-380-4000 through 690-380-4200.

(12) Opportunities to protest a temporary transfer under this rule shall be pursuant to OAR 690-380-4030.

(13) The Department shall issue final orders on temporary transfer applications under this rule pursuant to OAR 690-380-5000.

Or. Admin. Code § 690-380-8004

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

Stat. Auth.: ORS 536.025 & 536.027

Stats. Implemented: SB 820, 2003 OL