OAR 690-380-2260
Exchanges of Water

(1)

A person proposing to use stored, surface or ground water from another source in exchange for supplying replacement water in an equal amount pursuant to ORS 540.533 (Application for exchange of water) to 540.543 (Regulation of headgates when water provided by exchange) shall file an exchange application with the Department along with the fee required under ORS 536.050 (Fees).

(2)

After receipt of a complete exchange application, the Department shall give at least 30 days public notice of the application:

(a)

By publication in the Department’s weekly notice; and

(b)

By publication in a newspaper having a general circulation in the area in which the water uses are located at least once each week for three successive weeks for applications received by the Department prior to January 1, 2012, but for applications received after January 1, 2012, at least once each week for two successive weeks.

(3)

Any person may submit comments by the date identified in the notices prescribed by subsections (2)(a) and (b) of this rule.

(4)

After the comment period prescribed in section (2) of this rule, the Director shall:

(a)

Issue a proposed order approving or denying the application in compliance with ORS 540.537 (Order allowing exchange) taking into account comments received under section (3) of this rule; and

(b)

Notify the applicant and any person who submitted comments under section (3) of this rule of issuance of the proposed order.

(5)

If the applicant or a person who submitted comments under section (3) of this rule, requests an opportunity for a hearing, the Department shall contact the applicant and the commentors to determine if the issues raised can be resolved through negotiations. If the Department concludes that negotiations are not likely to yield resolution of the issues, the Commission shall hold a public hearing on the application.

(6)

After the public hearing, the Commission may:

(a)

Confirm the Director’s decision and authorize issuance of a final order;

(b)

Modify the Director’s decision and authorize issuance of a final order consistent with the modifications; or

(c)

Remand the application to the Department to seek resolution of the issues identified in the comments and, if the issues are not resolved, to initiate a contested case proceeding pursuant to the applicable provisions of ORS 183.310 (Definitions for chapter) to 183.550.

Source: Rule 690-380-2260 — Exchanges of Water, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-380-2260.

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 690-380-2260’s source at or​.us