OAR 690-028-0055
Amendments to Registration Orders
(1)
When any amendment in ownership, point of diversion, place of use, or type of use is necessary within a right defined by a registration statement then the amendment shall be submitted in writing to the Department. The request shall include documentation that the water has been used over the past five years in accordance with the terms and conditions of the registration. The request shall state the reasons for the change.(2)
When any change in point of diversion, place of use, or type of use is received by the Department a notice of the change shall be published in the Department’s public notice of applications.(3)
The Director shall review each amendment to determine that the change will not result in injury to other water rights holders, or a net loss of water available to downstream users or an expansion of the right under the original registration.(4)
The Director may accept the amendment to the registration statement and include it as part of the records of the Department. No amendment to a registration shall be construed as final or conclusive until it is determined under an adjudication proceeding under ORS 539.010 (Protection of water rights vested or initiated prior to February 24, 1909) to 539.240 (Claim to undetermined right to appropriate surface water).(5)
When lands are sold a registration is to be assigned in whole or in part from an Indian reserved right of practicably irrigable acreage to a non-Indian, the assignment must be filed with the Department. The Director shall cancel the initial order for the federal reserved right and issue an order confirming an inchoate right for the undeveloped uses. The inchoate right shall be put to full beneficial use within five years of issuance of the order unless an extension is granted by the Director. The Director shall also issue a remaining right order for the part of the federal reserved right not assigned.
Source:
Rule 690-028-0055 — Amendments to Registration Orders, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-028-0055.