OAR 690-018-0090
Change in Use of Conserved Water
(1)
Any person or agency entitled to the use of conserved water shall notify the Director of any change in the type of use, place of use or point of diversion. The notice must be submitted 60 days before the actual change and must include the information requested in OAR 690-018-0062 (Completion of Conservation Project)(3)(a).(2)
The Director shall approve a change in the type of use, place of use, or point of diversion for conserved water if:(a)
The proposed new use is within the area described under OAR 690-018-0050 (Processing a Conservation Application)(4)(h);(b)
The proposed change would not constitute an expansion of the right; and(c)
The approval is consistent with OAR 690-005-0045 (Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans) (Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans).(3)
A change in the dispensation of the use of a conserved water right may be initiated 60 days after the notice prescribed in section (1) of this rule if the Director takes no action within that period.(4)
When a right to the use of conserved water is sold or given to an agency or political subdivision of the state or to a person:(a)
The right shall become appurtenant to the premises upon which use is made;(b)
A certificate of water right shall be issued upon satisfactory proof of use; and(c)
Unless dedicated to instream use, the right shall be subject to the provisions of ORS 540.510 (Appurtenancy of water to premises) to 540.539 (Exchange subject to beneficial use requirements), 540.572 (Application of certificated water elsewhere within district) to 540.578 (Filing of protest), and 540.610 (Use as measure of water right) to 540.670 (Effect of cancellation of primary water right on supplemental right).(5)
Upon approval of a change in the use or point of diversion proposed under this rule, the Director shall issue a new order to allow the new use of the conserved water.(6)
Any changes in the type of use, place of use, or point of diversion that are not provided for under this rule shall only be made after compliance with the transfer rules in OAR 690, division 380.
Source:
Rule 690-018-0090 — Change in Use of Conserved Water, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-018-0090.