OAR 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 (District Permanent Transfer of Water Right for Nonuse Applications), 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 (Application of certificated water elsewhere within district).

(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 (Use as measure of water right).

(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 (District Permanent Transfer of Water Right for Nonuse Applications);

(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.

Source: Rule 690-385-5100 — Notice of Nonuse of Water Right and Intent to Transfer Pursuant to ORS 540.572, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-385-5100.

690‑385‑0010
Purpose
690‑385‑0100
Definitions
690‑385‑2000
Standard Requirements for Application for Transfer
690‑385‑2200
Standard Map Requirements
690‑385‑3000
District Temporary Transfer Criteria Renumbered from 690-021-0020
690‑385‑3100
Types of District Temporary Transfers
690‑385‑3110
Temporary Change in Place of Use
690‑385‑3120
Temporary Change in Type of Use of a Water Right to Store Water
690‑385‑3130
Temporary Change in Type of Use from a Primary Right to a Supplemental Right
690‑385‑3140
Temporary Change in Point of Diversion or Appropriation
690‑385‑3145
Temporary Change in Point of Diversion in Response to an Emergency
690‑385‑3150
Temporary Change from Surface Water Point of Diversion to Ground Water Appropriation
690‑385‑3200
District Temporary Transfer Applications
690‑385‑3300
District Temporary Transfer Application Map Requirements
690‑385‑3400
District Temporary Transfer Application Notice and Review
690‑385‑3500
District Temporary Transfer Approval and Final Orders
690‑385‑3520
Fish Screening Devices
690‑385‑3600
Appeal of a Final Order Approving a District Temporary Transfer
690‑385‑4000
District Permanent Transfer Criteria
690‑385‑4100
Notice of District Permanent Transfer
690‑385‑4200
District Permanent Transfer Applications
690‑385‑4300
District Permanent Transfer Application Map Requirements
690‑385‑4400
District Permanent Transfer Application Notice and Review
690‑385‑4500
District Permanent Transfer Approval and Final Orders
690‑385‑4580
Original Right Terminated by Final Order
690‑385‑4600
Protests and Requests for Hearings
690‑385‑4700
Hearings
690‑385‑5000
District Permanent Transfer of Water Right for Nonuse Criteria
690‑385‑5100
Notice of Nonuse of Water Right and Intent to Transfer Pursuant to ORS 540.572
690‑385‑5200
District Permanent Transfer of Water Right for Nonuse Applications
690‑385‑5300
District Permanent Transfer of Water Right for Nonuse Application Map Requirements
690‑385‑5400
Notice of Filing District Permanent Transfer of Water Right for Nonuse Application
690‑385‑5500
District Permanent Transfer of Water Right for Nonuse Application Notice and Review
690‑385‑5600
District Permanent Transfer of Water Right for Nonuse Approval and Final Orders
690‑385‑5680
Original Right Terminated by Final Order
690‑385‑5700
Protests and Requests for Hearings
690‑385‑5800
Hearings
690‑385‑5900
Time Period to Process Permanent Transfer Application Exempt from Forfeiture
690‑385‑6000
Miscellaneous Provisions: Multiple Primary Water Rights on the Same Lands
690‑385‑7000
Completion and Perfection of Transferred Rights: Time for Completion
690‑385‑7100
Completion and Perfection of Transferred Rights: Failure to Complete a Transfer as Grounds for Cancellation
690‑385‑7200
Completion and Perfection of Transferred Rights: Extension of the Time Limits
690‑385‑7400
Completion and Perfection of Transferred Rights: Proof of Use
690‑385‑7600
Completion and Perfection of Transferred Rights: Proof of Completion of Change
690‑385‑7800
Completion and Perfection of Transferred Rights: Request for Reconsideration
Last Updated

Jun. 8, 2021

Rule 690-385-5100’s source at or​.us