Or. Admin. Code § 690-385-7400

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

Section 690-385-7400 - Proof of Use; Noncompliance

(1) No later than one year following the date specified in a final order for a district to complete a transfer and apply water to beneficial use, a district shall provide the Department proof of use by submitting a final proof map according to OAR 690-385-7400(3) and a claim of beneficial use report according to OAR 690-385-7400(4).

(2) Districts may self-certify proof of use and are not required to have a certified water rights examiner prepare a final proof map and file a claim of beneficial use report.

(3) Districts shall file a final proof map consistent with the map standards of OAR 690-385-2200 within the time limit specified in the transfer final order, and certify the map as accurate.

(4) Districts shall file a claim of beneficial use report on forms acceptable to the Department. The claim of beneficial use report shall contain the following information:

(a) The district's name, mailing address, and telephone number;

(b) The transfer number assigned by the Department to the application;

(c) The district assigned number for Notice of Permanent District Transfer, if applicable;.

(d) The certificate number, or permit number if no certificate has been issued for the subject water right;

(e) The date of priority;

(f) The type of use;

(g) The authorized place of use identified by its location within the public land survey, tax lot number, and name of each user;

(h) A description of the diversion, headgate, canal, or district conveyance system used to deliver water to the authorized place of use;

(i) A description of the method for applying water to beneficial use at the authorized place of use;

(j) A description of the beneficial use to which water is applied;

(k) A description of the method used to calculate the extent of beneficial use on the lands or place of use authorized by the final order approving a transfer;

(l) A statement that the district has inspected the authorized place of use and confirms the change has been made consistent with the terms and conditions of the final order; and

(m) The signature of the District Board Chairperson, or if the Board has delegated authority, the signature of the district manager.

Or. Admin. Code § 690-385-7400

WRD 1-1993, f. & cert. ef. 2-3-93; Renumbered from 690-021-0350, WRD 9-2004, f. & cert. ef. 11-16-04

Stat. Auth.: ORS 536.025 & 536.027

Stats. Implemented: ORS 540.580