Or. Admin. Code § 690-385-7200

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

Section 690-385-7200 - Extension of the Time Limits

(1) If the transfer is not completed within the time allowed in the final order, a district may file an application for an extension of time. The application shall contain sufficient information for the director to determine reasonable diligence was made to complete the project within the initial time specified in the final order.

(2) A separate application requesting an extension of time to complete a transfer shall be submitted for each final order that authorizes the transfer of the water use subject to the extension request.

(3) The Department shall consider an application for extension of time received no later than the date specified in the final order for a district to submit proof of use under OAR 690-385-7400. The Department shall review and issue an order within 90 days of receipt of the application.

(4) Failure of a district to submit an application and receive an order of the Department authorizing an extension of time to complete a transfer may lead to loss of the water right for failure to complete the transfer in accordance with OAR 690-385-7100(2).

(5) The Department may grant extensions for a 12 month time period, from October 1 to October 1. Extensions may be granted for longer time periods if the applicant can justify the need for a longer period of time by submission of pertinent evidence.

(6) In reviewing an application for an extension of time, the director shall determine whether reasonable diligence was made by the applicant to complete the project within the time period established under OAR 690-385-7000. Applications for extension of time shall include:

(a) A listing and description of all construction and purchases related to installation of the water delivery system during the previous use perfection period;

(b) A description of any expansion or restructuring of the existing delivery system during the same period;

(c) A description of the extent to which the applicant has made actual use of water according to the terms of the transfer final order; and

(d) Information to indicate whether the applicant has complied with any conditions contained in the transfer final order.

(7) Applications for succeeding extensions shall show reasonable diligence within the time allowed by the previous extension and shall be subject to the Department review based on section (6) of this rule.

Or. Admin. Code § 690-385-7200

WRD 1-1993, f. & cert. ef. 2-3-93; Renumbered from 690-021-0300, WRD 9-2004, f. & cert. ef. 11-16-04

Stat. Auth.: ORS 536.025 & 536.027

Stats. Implemented: ORS 540.580