OAR 690-077-0076
Application for an Instream Lease

(1)

A holder of any of the following types of water rights may enter into a lease to convert all or a portion of a water right to an instream water right for a specified time period not to exceed five years:

(a)

Surface water rights for beneficial use or storage established by a water right certificate or an adjudication under ORS Chapter 539 (Determination of Water Rights Initiated Before February 24, 1909) as evidenced by court decree; or

(b)

A surface water use permit for which a request for issuance of a water right certificate under ORS 537.250 (Water right certificate) has been received and approved by the Director under 537.250 (Water right certificate), or transfer application for which an order has been issued under 540.530 (Order authorizing change of use, place of use or point of diversion) approving the change and for which proper proof of completion of the change has been filed with the Commission;

(c)

Secondary water rights for the use of stored water established by permit, certificate or court decree; or

(d)

The conserver’s portion of conserved water allocated under ORS 537.445 (Hearing upon proposal to cancel permit or appropriation) to 537.500 (Legal status of conserved water right).

(2)

The parties to the lease application shall include but are not limited to:

(a)

The holder(s) of the subject water right(s) as the lessor(s);

(b)

Any irrigation district or similar organization as defined in ORS chapters 545, 547, 552, 553, or 554 which conveys water to the subject water right and the owner of any storage facility which is the source of the water, as co-lessor, if applicable; and

(c)

The lessee, if different than the Department.

(3)

At a minimum, the lease application shall include:

(a)

Names and signatures of the parties;

(b)

A description of the water right(s) to be leased. If only a portion of a water right will be leased, a clear description, including maps if necessary, of the portion to be leased;

(c)

Rate, total volume, timing and location of the instream right, including any necessary conditions to avoid enlargement of the original right or potential injury to other water right holders;

(d)

A description of how the lease will serve a public use or uses;

(e)

If an instream water right exists on the same reach(es) or lake, or on portions thereof, a statement of whether the proposed lease 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)

Provision insuring the original use will be suspended;

(g)

The term of the lease;

(h)

A statement by the lessors verifying that the water rights described in Subsection (3)(b) of this rule have been used under the terms and conditions of the rights during the last five years, or as an instream water right, or an explanation why the water right is not subject to forfeiture under ORS 540.610 (Use as measure of water right). As an alternative, an irrigation district or other water purveyor may provide evidence for owners, verifying delivery of water for the lands appurtenant to the rights to be leased;

(i)

If the lessor(s), as identified in Subsection (2)(a) of this rule, is not the deeded landowner to which the water right is appurtenant, sufficient documentation to demonstrate that the lessor(s) is authorized to pursue the instream lease. Such documentation shall include:

(A)

A notarized statement from the landowner consenting to the lease and a copy of the recorded deed;

(B)

A water right conveyance agreement(s) as defined in OAR chapter 690, division 380 and a copy of the recorded deed for the landowner at the time the water right was conveyed; or

(C)

Other documentation that demonstrates to the Department’s satisfaction that the lessor(s) is authorized to pursue the lease in the absence of the consent of the landowner.

(j)

The name and address of any water purveyor that conveys water to the water right(s) described in Subsection (3)(b) of this rule.

(4)

Lease applications shall conform with applicable provisions of OAR 690-077-0015 (General Statements).

Source: Rule 690-077-0076 — Application for an Instream Lease, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-077-0076.

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 690-077-0076’s source at or​.us