OAR 690-380-2110
Change in Point of Diversion or Point of Appropriation

(1)

No change in point of diversion or appropriation may be made except as described under OAR 690-380-0010 (Purpose) or as approved or recognized by the Department through a water right transfer, permit amendment under ORS 537.211 (Issuance of permit if application approved), or certificate of registration modification under OAR chapter 690, division 382.

(2)

Except as provided in ORS 540.531 (Transfer of surface water point of diversion to ground water) and OAR 690-380-2130 (Change from a Surface Water Point of Diversion to a Ground Water Appropriation), a change in point of diversion is restricted to the same source of surface water. A change in point of appropriation under a water right or certificate of registration modification is restricted to the same aquifer.

(3)

As provided in ORS 450.695 (Acquisition of water rights)(2), a water authority may change the points of diversion or appropriation or move the water intake sources of the water use permits or certificates conveyed to it by the districts and municipalities that formed the water authority. For the purposes of this subsection, moving a water intake source is the same as changing the location of a point of diversion. Water authorities shall be subject to the following requirements:

(a)

A request by a water authority to change the location of a point of diversion or appropriation from that authorized by a water right certificate shall be made pursuant to ORS Chapter 540 (Distribution and Storage of Water) and Chapter 690, division 380 transfer rules;

(b)

A request by a water authority to change the location of a point of diversion or appropriation authorized by a water use permit, as defined in OAR 690-380-0100 (Definitions)(14)(c), shall be subject to the same statutory and administrative review criteria prescribed by ORS Chapter 540 (Distribution and Storage of Water) and OAR 690, division 380 transfer rules for water uses subject to transfer; and

(c)

A request by a water authority for changes in the point of diversion or appropriation for water right permits other than those covered under subsection (3)(b) of this rule, shall be made pursuant to ORS 537.211 (Issuance of permit if application approved).

Source: Rule 690-380-2110 — Change in Point of Diversion or Point of Appropriation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-380-2110.

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 690-380-2110’s source at or​.us