OAR 635-400-0035
Purchase, Lease, or Gift of Water Rights for Instream Water Rights

The Department shall buy, lease, and accept as gifts water rights for the purpose of transferring the water right to an instream water right for the public uses and purposes set forth in OAR 635-400-0000 (Purpose) through 635-400-0035 (Purchase, Lease, or Gift of Water Rights for Instream Water Rights):

(1)

Donors of gifts shall be recognized through a formal Commission process.

(2)

Water rights that may be transferred to instream water rights shall be reviewed for potential benefits and adverse impacts to fish and wildlife or their habitats, angling, hunting, trapping or nonconsumptive uses of fish or wildlife:

(a)

Standards set out in OAR 635-400-0020 (Standards for Selection of Streams or Stream Reaches for Instream Water Right Applications) shall apply to prioritize water rights that are to be bought or leased;

(b)

Gifts of water rights shall be accepted regardless of priorities set out in OAR 635-400-0020 (Standards for Selection of Streams or Stream Reaches for Instream Water Right Applications), if the transfer does not harm fish or wildlife or their habitats, angling, hunting, trapping or noncon-sumptive uses of fish or wildlife.

Source: Rule 635-400-0035 — Purchase, Lease, or Gift of Water Rights for Instream Water Rights, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=635-400-0035.

Last Updated

Jun. 8, 2021

Rule 635-400-0035’s source at or​.us