OAR 690-380-0100
Definitions

The definitions in this rule, along with the definitions in OAR 690-008-0001 (Definition and Policy Statements) and 690-300-0010 (Definitions), apply to the rules in OAR chapter 690, division 380. Where a term is defined in more than one rule, the definition in this rule applies.

(1)

“District” means an irrigation district formed under ORS Chapter 545 (Irrigation Districts), a drainage district formed under Chapter 547, a water improvement district formed under Chapter 552, a water control district formed under Chapter 553 or a corporation organized under Chapter 554.

(2)

“Enlargement” means an expansion of a water right and includes, but is not limited to:

(a)

Using a greater rate or duty of water per acre than currently allowed under a right;

(b)

Increasing the acreage irrigated under a right;

(c)

Failing to keep the original place of use from receiving water from the same source; or

(d)

Diverting more water at the new point of diversion or appropriation than is legally available to that right at the original point of diversion or appropriation.

(3)

“Injury” or “Injury to an existing water right” means a proposed transfer would result in another, existing water right not receiving previously available water to which it is legally entitled.

(4)

“Layered” means a situation in which there are multiple water uses subject to transfer, permits, or certificates of registration that are appurtenant to the same place of use and that have been issued for the purpose of irrigation.

(5)

“ODFW” means the Oregon Department of Fish and Wildlife.

(6)

“Point of appropriation” means a well or the pump location on a sump at which ground water is withdrawn from the ground for use under a ground water right.

(7)

“Point of diversion” means the place at which surface water is diverted from a surface water source as specified in the water right. It may be the head of a ditch, a pump suction line, the center line of a dam, or other point at which control is taken of surface water.

(8)

“Primary water right” means the water right designated by the Commission as the principal water supply for the authorized use, or if no designation has been made, the water right designated by the applicant as the principal water supply for the authorized use.

(9)

“Protest” means a written statement expressing opposition to approval of a transfer application and disagreement with a preliminary determination that is filed in response to the notice prescribed by ORS 540.520 (Application for change of use, place of use or point of diversion)(5) and OAR 690-380-4020 (Notice of Preliminary Determination) and includes the fee prescribed in ORS 536.050 (Fees).

(10)

“Report of ownership information” means a document prepared by a title company that includes ownership and a legal description of the lands to which the water right is appurtenant.

(11)

“Standing statement” means a written statement expressing support for a preliminary determination that is filed in response to the notice prescribed by ORS 540.520 (Application for change of use, place of use or point of diversion)(5) and OAR 690-380-4020 (Notice of Preliminary Determination).

(12)

“Supplemental water right or permit” means an additional appropriation of water to make up a deficiency in supply from an existing water right. A supplemental water right or permit is used in conjunction with a primary water right.

(13)

“Water right conveyance agreement” means a purchase and sale agreement, deed, or other document that has been recorded in the deed records by the relevant county describing land to which a water right is appurtenant and demonstrating that the interest in that land and the interest in the appurtenant water right have been separately conveyed.

(14)

“Water use subject to transfer” means a water use established by:

(a)

An adjudication under ORS Chapter 539 (Determination of Water Rights Initiated Before February 24, 1909) as evidenced by court decree;

(b)

A water right certificate;

(c)

A 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 Commission under 537.250 (Water right certificate); or

(d)

A transfer application for which an order approving the change has been issued under ORS 540.530 (Order authorizing change of use, place of use or point of diversion) and for which proper proof of completion of the change has been filed with the Commission.

Source: Rule 690-380-0100 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-380-0100.

690‑380‑0010
Purpose 690‑380‑0090
Applicability 690‑380‑0100
Definitions 690‑380‑2000
Types of Permanent Transfers 690‑380‑2110
Change in Point of Diversion or Point of Appropriation 690‑380‑2120
Change in Point of Diversion to Reflect Historical Use 690‑380‑2130
Change from a Surface Water Point of Diversion to a Ground Water Appropriation 690‑380‑2200
Changes in Place of Use 690‑380‑2240
Layered Water Rights and Certificates of Registration 690‑380‑2250
Transfer of Supplemental Water Right or Permit 690‑380‑2260
Exchanges of Water 690‑380‑2300
Changes in Character of Use 690‑380‑2320
Transfer from Supplemental Use to Primary Use 690‑380‑2330
Substitution of Supplemental Ground Water Right for Primary Surface Water Right 690‑380‑2340
Specific-to-General Industrial Water Use Change 690‑380‑2410
Municipal Water Rights 690‑380‑2420
Notice of Merger, Consolidation or Formation of a Water Authority 690‑380‑2430
Acquisition of Water Rights by a Water Authority 690‑380‑3000
Application for Transfer 690‑380‑3050
Additional Application Requirements 690‑380‑3100
Map Requirements 690‑380‑3200
District May Submit Application for Water Users 690‑380‑3220
Separate Application Required for Each Water Right 690‑380‑3400
Waiver of Fees 690‑380‑3410
Waiver of Mapping Requirements 690‑380‑4000
Request for Comments 690‑380‑4010
Preliminary Determination 690‑380‑4020
Notice of Preliminary Determination 690‑380‑4030
Protests and Requests for Hearings 690‑380‑4200
Hearings 690‑380‑5000
Approval of Transfers 690‑380‑5030
Approval of Injurious Transfers 690‑380‑5040
Affidavits of Consent 690‑380‑5050
Consent to Injury of Instream Water Rights 690‑380‑5060
Fish Screening and By-Pass Devices 690‑380‑5100
Compatibility with Acknowledged Comprehensive Plans 690‑380‑5110
Original Right Terminated 690‑380‑5120
Multiple Primary Water Rights on the Same Lands 690‑380‑5130
Assignment or Change of Ownership 690‑380‑5140
Time for Completion 690‑380‑6010
Failure to Complete a Transfer as Grounds for Cancellation 690‑380‑6020
Extension of Time 690‑380‑6030
Proof Of Use 690‑380‑6040
Proof of Completion of Change 690‑380‑6050
Waiver of Proof of Completion 690‑380‑6060
Petition for Reconsideration 690‑380‑8000
Temporary Transfers 690‑380‑8002
Temporary Transfer Applications under OAR 690-380-8000(1) 690‑380‑8004
Temporary Transfer Applications under OAR 690-380-8000(2) 690‑380‑8010
Seasonal Use 690‑380‑8020
Supplemental Water Rights 690‑380‑9000
Clarification of Water Rights
Last Updated

Jun. 8, 2021

Rule 690-380-0100’s source at or​.us