Or. Admin. Code § 690-380-6010

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

Section 690-380-6010 - Failure to Complete a Transfer as Grounds for Cancellation

(1) Upon approval of a change in use or place of use, the water use subject to transfer is considered inchoate (incomplete) until the authorized change has been completed to the satisfaction of the director.

(2) Any part of a transferred water use that is not applied to beneficial use under the terms of the transfer order for change in use or place of use, or within any extension of time allowed for completion, is lost.

(3) Non-completion of a change in point of diversion or appropriation does not forfeit the water use subject to transfer. However, upon expiration of the time allowed for completion, the water use shall again become subject to forfeiture pursuant to the provisions of ORS 540.610.

(4) For a change in point of diversion or appropriation, the claim of beneficial use shall identify the lands served by the new point of diversion or appropriation using:

(a) The existing final proof survey map for the right of record; or

(b) Another map prepared in accordance with OAR chapter 690, division 14.

(5) A new application is required to change the point of diversion or appropriation to a new location not authorized by the order.

(6) If the change in point of diversion or appropriation is not completed, the point of diversion or appropriation shall revert to the last authorized point of diversion or appropriation prior to the transfer.

Or. Admin. Code § 690-380-6010

WRD 7-1987, f. & ef. 6-11-87; WRD 5-1996, f. & cert. ef. 7-11-96; WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0090; WRD 5-2006, f. & cert. ef. 10-6-06

Stat. Auth.: ORS 536.025 & 536.027

Stats. Implemented: ORS 540.530