OAR 690-380-0010
Purpose
(1)
The rules in OAR chapter 690, division 380 establish requirements and procedures that shall be used by the Department to evaluate an application to change a water use subject to transfer. The rules describe the requirements for permanently changing the character of use, place of use, point of diversion or point of appropriation of a water use subject to transfer and for temporarily changing the character of use of stored water and the place of use of a water use subject to transfer.(2)
A water user may make the following changes without filing a transfer application pursuant to ORS 540.520 (Application for change of use, place of use or point of diversion) and OAR 690-380-3000 (Application for Transfer):(a)
The allocation of conserved water, however, an application for allocation of conserved water is required pursuant to ORS 537.455 (Definitions for ORS 537.455 to 537.500 and 540.510) to 537.500 (Legal status of conserved water right) and OAR chapter 690, division 18 and notice of a change in place of use of conserved water is required pursuant to 537.490 (Use of conserved water);(b)
Use water at an additional or different place of use under a water use subject to transfer issued to a municipality, rights conferred by ORS 538.410 (Confirmation of water rights acquired prior to February 24, 1909, for municipal supply) to 538.450 (Pendleton), or under the registration system set forth in 537.132 (Exemption from permit requirement for use of reclaimed water) provided the water use complies with the requirements under 540.510 (Appurtenancy of water to premises)(3)(a)(A) to (C) and 540.510 (Appurtenancy of water to premises)(3)(b);(c)
Use water at a different place of use under a permit or certificate issued to a district pursuant to ORS 540.570 (Temporary transfers within districts) to 540.580 (Permanent transfer of place of use of water within district) and OAR Chapter 690, division 385, however, a petition for the change must be submitted to the Department by the district;(d)
A change in point of diversion pursuant to ORS 540.510 (Appurtenancy of water to premises)(5) and the diversion is provided with a proper fish screen, if requested by ODFW;(e)
A change in point of diversion in response to government action pursuant to ORS 540.510 (Appurtenancy of water to premises)(6) provided that the owner notifies the Department before changing the point of diversion;(f)
A change in point of diversion or appropriation or a change in place of use under a water use permit through a permit amendment for which an application has been filed and approved by the Department pursuant to ORS 537.211 (Issuance of permit if application approved)(4) to (9);(g)
Water right changes made for lands not described in a permit when the Department issues a certificate pursuant to ORS 537.252 (Certificate issued for land not described in permit);(h)
An exchange of water that meets the criteria in ORS 540.533 (Application for exchange of water) and 540.537 (Order allowing exchange) if the exchange is approved pursuant to OAR 690-380-2260 (Exchanges of Water);(i)
A change in character of use from a specific industrial use to general industrial use provided notice is provided to the Department of the change and the change is consistent with the criteria in OAR 690-380-2340 (Specific-to-General Industrial Water Use Change); and(j)
Any change of use if the beneficial use authorized by the water use subject to transfer is irrigation and the owner of the water right uses the water for incidental agricultural, stock watering and other uses related to irrigation use, so long as there is no increase in the rate, duty, total acreage benefited or season of use.
Source:
Rule 690-380-0010 — Purpose, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-380-0010.