OAR 690-077-0075
Processing an Instream Transfer Application


A proposed instream transfer, including a time-limited instream transfer, of a water use subject to transfer to an instream water right shall be processed pursuant to the water rights transfer rules in OAR chapter 690, division 380 and the following provisions:

(1)

The Department shall provide notice of the proposed instream transfer pursuant to OAR 690-380-4000 (Request for Comments), and to affected Indian tribes.

(2)

In addition to the assessment described in OAR 690-380-4010 (Preliminary Determination), the Department’s preliminary determination shall include an assessment of whether:

(a)

The amount and timing of the proposed instream flow is allowable within the limits and use, including return flows, of the original water right; and

(b)

The proposed reach(es) is (are) appropriate considering:

(A)

Instream water rights shall begin at the recorded point of diversion;

(B)

Locations of return flow. Where return flows occur at a definite point, a substantial distance below the point of diversion, an instream water right may be defined by more than one reach, for example one reach from the point of diversion to the location of the return flow and another from this point to the mouth of the stream;

(C)

The location of confluences with other streams downstream of the point of diversion, which shall be considered in accordance with OAR 690-077-0015 (General Statements)(8);

(D)

Any known areas of natural loss of streamflow to the river bed. Where an instream water right passes through an area of known natural loss several reaches may be required to incorporate the reduced flows available, in accordance with paragraph (2)(c)(B) of this rule.

(c)

The proposed flow(s) is (are) consistent with OAR 690-077-0015 (General Statements)(7), (8) and (11), shall provide a public benefit for an instream use, and be appropriate considering:

(A)

Return flows which shall be subtracted from the instream water right at the old point of diversion, unless the return flows occur at a definite point a substantial distance below the old point of diversion, in which case up to the entire amount of the diversion may be allowed between the point of diversion and the point(s) of return flow; and

(B)

Where an instream water right passes through an area of known natural losses these losses shall be prorated between the instream water right and the balance of the available flow.

(3)

An instream transfer shall be approved if the Department determines that the transfer is consistent with OAR 690-380-5000 (Approval of Transfers), and Section (2) of this rule.

(4)

The Department shall issue a final order consistent with the preliminary determination described in OAR 690-380-4010 (Preliminary Determination) and Section (2) of this rule if no protests are received under 690-380-4030 (Protests and Requests for Hearings).

(5)

Upon approval of an instream transfer, the Department shall issue a permanent instream water right certificate. However, upon approval of a time-limited instream transfer, the Department shall issue a final order with a specific date of expiration or other conditions for termination for the instream water right and suspend the use of the original right during the effective period of the instream water right. A copy of the certificate or final order shall be mailed to the applicant and as appropriate to affected Indian tribes, ODFW, DEQ and Parks. The Director shall also issue a new certificate for any remaining right for the existing use as appropriate.

Source: Rule 690-077-0075 — Processing an Instream Transfer Application, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-077-0075.

690‑077‑0000
Purpose
690‑077‑0010
Definitions
690‑077‑0015
General Statements
690‑077‑0019
State Agency Instream Water Right Applications: Process for Instream Water Right Certificate Requests
690‑077‑0020
State Agency Instream Water Right Applications: Application Requirements
690‑077‑0027
Application Processing: Completeness Review
690‑077‑0029
Application Processing: Initial Review
690‑077‑0031
Application Processing: Public Notice and Comments
690‑077‑0033
Application Processing: Public Interest Presumption
690‑077‑0037
Application Processing: Public Interest Review
690‑077‑0039
Application Processing: Proposed Final Order
690‑077‑0043
Application Processing: Protests and Standing
690‑077‑0046
Application Processing: Determination to Hold a Contested Case Hearing
690‑077‑0047
Application Processing: Final Orders
690‑077‑0048
Application Processing: Final Public Interest Determination
690‑077‑0049
Application Processing: Statement of Findings
690‑077‑0051
Application Processing: Contested Case Hearing on Final Order
690‑077‑0052
Application Processing: Time Requirements
690‑077‑0053
Application Processing: Issuance of Instream Water Right Certificate
690‑077‑0054
Conversion of Minimum Perennial Streamflows to Instream Water Rights
690‑077‑0055
Disposition of Minimum Perennial Stream-flows
690‑077‑0065
Instream Transfers and Leases: General Provisions
690‑077‑0070
Application for Instream Transfer
690‑077‑0075
Processing an Instream Transfer Application
690‑077‑0076
Application for an Instream Lease
690‑077‑0077
Processing an Instream Lease Application
690‑077‑0079
Split Season Use Instream Leasing
690‑077‑0080
Miscellaneous Provisions: Cancellation or Waiving of an Instream Water Right
690‑077‑0090
Miscellaneous Provisions: Drought Emergency Provisions
690‑077‑0100
Miscellaneous Provisions: Precedence of Future Uses
Last Updated

Jun. 8, 2021

Rule 690-077-0075’s source at or​.us