OAR 690-077-0080
Miscellaneous Provisions: Cancellation or Waiving of an Instream Water Right

(1)

There is a rebuttable presumption that an instream water right, or a portion thereof, that has not been put to a public use for five successive years in which water was available is forfeited.

(2)

Upon making a preliminary finding that the instream water right has been forfeited the Director shall notify DEQ, ODFW, Parks, and those persons and agencies on the Department’s weekly mailing list of the Department’s findings and of its intent to cancel the instream water right. The Department shall also publish the notice in the Secretary of State’s bulletin once, and in a local newspaper one day a week for two weeks.

(3)

Any person may file a protest within 60 days of publication in the Secretary of State’s bulletin or the local news paper.

(4)

If no protest is filed in the 60 day period, the Commission shall proceed with the process outlined in ORS 540.641 (Protest of cancellation)(1).

(5)

If a protest is filed in the 60 day period, the Commission shall proceed with the process outlined in ORS 540.641 (Protest of cancellation)(2).

(6)

An instream water right established under ORS 537.336 (State agencies authorized to request in-stream water rights) through 537.338 (Rules for state agency request for in-stream water right) (OAR 690-077-0020 (State Agency Instream Water Right Applications: Application Requirements)) may be canceled pursuant to ORS 540.621 (Cancellation of abandoned water right upon request of owner) only upon the written certification from the original applicant agency(ies) that the instream water right has been abandoned. Proper notification of the public shall proceed as outlined in Section (2) of this rule.

(7)

An instream water right shall not be subject to forfeiture due to non-use when water was not available.

Source: Rule 690-077-0080 — Miscellaneous Provisions: Cancellation or Waiving of an Instream Water Right, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-077-0080.

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 690-077-0080’s source at or​.us