Or. Admin. Code § 690-385-5100

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

Section 690-385-5100 - Notice of Nonuse of Water Right and Intent to Transfer Pursuant to ORS 540.572

(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.

Or. Admin. Code § 690-385-5100

WRD 1-1993, f. & cert. ef. 2-3-93; Renumbered from 690-021-0110, WRD 9-2004, f. & cert. ef. 11-16-04

Stat. Auth.: ORS 536.025 & 536.027

Stats. Implemented: ORS 540.572