OAR 690-325-0110
Final Order and Replacement Water Right Permits
(1)
Within 30 days of the end of the protest period described in OAR 690-325-0090 (Proposed Final Order; Public Notice)(3) and if no protests were received, an application for assignments and issuance of replacement water right permits shall be approved by final order of the Department. The final order approving the assignment shall contain:(a)
Findings that the assignment and issuance of replacement water right permits do not enlarge the permit as defined in OAR 690-325-0030 (Definitions)(1);(b)
Findings that the assignment and issuance of replacement water right permits do not injure other water rights as defined in OAR 690-325-0030 (Definitions)(3).(c)
Findings that all other requirements for assignments and issuance of replacement water right permits are met, including, but not limited to the completion date of the water right permit.(2)
The replacement water right permits shall:(a)
Include the same conditions as the replaced water right permit, including, but not limited to priority date, source of water, and type of use;(b)
Identify the land to which the replacement water right permit is appurtenant and the owner(s) of that land;(c)
Apportion the rate and, if applicable, the duty, or, if applicable, the acre-foot allowance in proportion to the amount of land to which the replacement water right permits are appurtenant.(3)
The replacement water right permits shall not:(a)
Authorize any change to the authorized point(s) of diversion or appropriation, including the addition of a point of diversion or appropriation, and(b)
Authorize any change to the authorized place of use outside of its original perimeters as exhibited on the original water right application map or approved permit amendment application map.
Source:
Rule 690-325-0110 — Final Order and Replacement Water Right Permits, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-325-0110.