OAR 690-077-0070
Application for Instream Transfer


(1)

As provided in ORS 537.348 (Purchase, lease or gift of water right for conversion to in-stream water right)(1), any person may apply for an instream transfer, including a time-limited instream transfer.

(2)

In addition to the transfer application requirements described in OAR 690-380-3000 (Application for Transfer), an instream transfer application shall include the following information:

(a)

Public use(s) for which the instream right is desired;

(b)

Description of the time periods of the instream use and quantity of water to be transferred to instream use;

(c)

The location of the proposed instream use. If a reach or lake level is requested, identify the upstream and downstream extent of the reach or the appropriate lake level;

(d)

Recommendations, if any, for conditions on the instream water right that would avoid taking away or impairing existing permitted, certificated or decreed rights. Such conditions may include, but are not limited to the instream flow levels in cfs per month or total acre feet, the effective reach(es) or lake levels of the instream flow, measuring locations and the strategy for monitoring the instream flow or lake levels;

(e)

If an instream water right exists on the same reach(es) or lake, or on portions thereof, a statement of whether the proposed conversion is intended to add to the amounts of the existing instream water rights or to replace a later priority instream right, or portion thereof, with an earlier priority right;

(f)

For a time-limited instream transfer, the duration or number of years for which the time-limited instream transfer is being requested.

(3)

The Department may require additional information needed to complete the evaluation of the proposed conversion.

Source: Rule 690-077-0070 — Application for Instream Transfer, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-077-0070.

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 690-077-0070’s source at or​.us