Or. Admin. Code § 690-385-3000

Current through Register Vol. 63, No. 11, November 1, 2024

Section 690-385-3000 - District Temporary Transfer Criteria Renumbered from 690-021-0020

(1) Pursuant to ORS 540.570, the Department may approve a district temporary transfer application for a period of time not to exceed one irrigation season provided:

(a) The district has a manager;

(b) The application does not propose to change the type of use except for a right to store water under OAR 690-385-3120 or change a primary right to a supplemental right under OAR 690-385-3130;

(c) The district has, prior to submitting the application, reviewed and approved a request by a user or a user's agent to temporarily transfer the use of water to different locations elsewhere within the boundaries of the district;

(d) The proposed transfer involves the use of water on lands located within the district boundaries;

(e) The proposed transfer will not result in injury or enlargement; and

(f) The land from which water is transferred does not receive water under the water use subject to transfer during the irrigation season in which the change in place of use occurs.

(2) A district may allow proposed changes to occur upon submission of a district temporary transfer application to the Department.

(3) The Department, may at any time upon determining a change allowed by a district under section (2) of this rule or a final order under OAR 690-385-3500 results in injury to an existing water right:

(a) Impose conditions to avoid injury; or

(b) Reject or revoke the change.

(4) Pursuant to ORS 536.900, a district and user may be subject to civil penalties for allowing the use of water on both the land from which water is transferred, and the lands to which the water is transferred, during the same irrigation season or calendar year.

(5) All uses for which a temporary transfer is approved shall revert 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 a district.

Or. Admin. Code § 690-385-3000

WRD 1-1993, f. & cert. ef. 2-3-93; WRD 5-1996, f. & cert. ef. 7-11-96; Renumbered from 690-021-0020, WRD 9-2004, f. & cert. ef. 11-16-04

Stat. Auth.: ORS 536.025 & 536.027

Stats. Implemented: ORS 540.570