OAR 690-077-0000
Purpose

(1)

The purpose of this Division is to establish the policy, procedures, criteria, standards and definitions which shall be applied by the Department and Commission in the evaluation of applications for establishing instream water rights.

(2)

This Division also provides for the conversion of existing minimum streamflows to instream water rights; for the instream transfer or lease of existing water rights for use as instream water rights; and for the enforcement of instream water rights which are held in trust by the Water Resources Department to protect the public uses.

(3)

In 1987, the Legislature created a new type of water right called an instream water right. Instream water rights are established by certificate from the Water Resources Commission or by an order approving a time-limited instream transfer or lease, pursuant to ORS 537.332 (Definitions for ORS 537.332 to 537.360) to 537.360 (Relationship between application for in-stream water right and application for certain hydroelectric permits), to maintain and support public uses within natural streams and lakes. These public uses include, but are not limited to, recreation, scenic attraction, aquatic and fish life, wildlife habitat and ecological values, pollution abatement and navigation. Instream water rights may also be established as a result of the allocation of conserved water under 537.455 (Definitions for ORS 537.455 to 537.500 and 540.510) to 537.500 (Legal status of conserved water right) and 540.510 (Appurtenancy of water to premises) (OAR chapter 690, division 18).

(4)

In 2001, the Legislature authorized the split season use leasing of water rights for instream purposes. Under ORS 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right)(3), all or a portion of an existing water right may be used for the existing use and for instream use during the same year, provided that the uses are not concurrent and that the holders of the water rights measure and report to the Water Resources Department the use of the existing water right and the instream water right.

(5)

Instream water rights differ from other water rights because control or diversion of the water is not required. Instream water rights are held in trust by the Water Resources Department but are regulated and enforced like all other water rights.

(6)

Instream water rights do not take away or impair any legally established right to the use of water having an earlier priority date than the instream right.

Source: Rule 690-077-0000 — Purpose, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-077-0000.

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 690-077-0000’s source at or​.us