OAR 690-077-0065
Instream Transfers and Leases: General Provisions
(1)
The Department shall promote and facilitate potential instream transfers and leases under ORS 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right) that would provide benefits for public uses.(2)
The Department encourages irrigation districts and other water purveyors to develop single lease applications that pool individual water rights and ownerships that are to be leased during the same term.(3)
Department personnel shall review all instream transfer or lease applications pursuant to OAR 690-077-0070 (Application for Instream Transfer) through 690-077-0079 (Split Season Use Instream Leasing) to assure that they comply with these rules and, if possible, to develop conditions to prevent enlargement of the original right or injury to other water right owners.(4)
Completed lease applications submitted pursuant to OAR 690-077-0076 (Application for an Instream Lease), including signatures of lessor and lessee (if applicable), and all necessary attachments or exhibits, must be received by the Department’s Salem office prior to July 1, or for year around uses, must be received prior to October 1. Completed lease applications received after this date shall be returned or, at the request of the applicant, be processed to be effective for the next calendar year. At the discretion of the Director, an application may be received and processed after this date during the current year.(5)
The Department may compile descriptive information to assist all parties in addressing technical issues related to instream transfers and leases, including but not limited to describing injury and enlargement issues, determining whether a proposed instream water right would support a public use, setting the location of a proposed instream water right and making agreements for measuring and monitoring the instream water right. The descriptive information shall not restrict new leases, but shall offer options that have been used in earlier leases to ensure compliance with OAR chapter 690, division 77.(6)
The Department may prepare lease application forms that include the requirements listed in OAR 690-077-0076 (Application for an Instream Lease)(3) and any additional information the Department deems necessary to comply with the policies of OAR chapter 690, division 77 and to reflect the nature of the water rights subject to being leased instream. For example, a special form could be prepared for an irrigation district to sponsor a single lease application that involved multiple water right owners.
Source:
Rule 690-077-0065 — Instream Transfers and Leases: General Provisions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-077-0065.