OAR 690-380-3000
Application for Transfer

Each transfer application shall be prepared in ink or typewritten on forms provided by the Department. Applications shall contain the following information concerning the primary water right and any appurtenant supplemental water right or permit, if applicable:

(1)

Applicant’s name, mailing address, and telephone number.

(2)

Type of change proposed.

(3)

Name appearing on permit, certificate, decree or proof of appropriation.

(4)

Name of decree and certificate number, if applicable.

(5)

Permit number and certificate number, if applicable.

(6)

Source of water (from permit, decree or certificate).

(7)

Date of priority.

(8)

The existing and proposed points of diversion or appropriation located accurately in reference to a public land survey corner.

(9)

The authorized existing use of water.

(10)

A description of the current water delivery system that demonstrates that the applicant is ready, willing, and able to exercise the right and includes information on the capacity of any pumps, canals, and pipelines used to divert and convey the water to the authorized use.

(11)

The authorized place of use identified by its location within the public land survey and tax lot number.

(12)

Evidence that the water has been used over the past five years in accordance with the terms and conditions of the right or that the right is not subject to forfeiture under ORS 540.610 (Use as measure of water right). The evidence shall include the following information:

(a)

If the right has been used during the past five years, one or more affidavits from persons, such as the owner or operator, a neighbor, crop field person for a cannery or other product buyer, or Natural Resources Conservation Service (NRCS) representatives, who can attest from personal knowledge or professional expertise that the right was exercised at the authorized location and for the authorized purpose. Such affidavits shall state the specific grounds for the affiant’s knowledge, the specific use to which the water was put (e.g., the crops grown, the nursery stock watered), and the delivery system used to apply the water and include supporting documentation such as:

(A)

Copies of receipts from sales of irrigated crops or for expenditures relating to use of water;

(B)

Records such as Farm Service Agency crop reports, irrigation district records, an NRCS farm management plan, or records of other water suppliers; or

(C)

Dated aerial photographs of the lands or other photographs containing sufficient detail to establish the location and date of the photograph, or

(b)

If the right has not been used during the past five years, documentation that the presumption of forfeiture would be rebutted under ORS 540.610 (Use as measure of water right)(2).

(13)

For permanent transfers under OAR 690-380-2000 (Types of Permanent Transfers):

(a)

A signed statement that the applicant understands that, upon receipt of the draft preliminary determination described in OAR 690-380-4010 (Preliminary Determination)(4) and prior to Department approval of the transfer, the applicant will be required to provide landownership information and evidence that the applicant is authorized to pursue the transfer as identified in OAR 690-380-4010 (Preliminary Determination)(5);

(b)

A statement affirming that the applicant is a municipality as defined in ORS 540.510 (Appurtenancy of water to premises)(3)(b) and that the right is in the name of the municipality or a predecessor; or

(c)

Documentation that the applicant is an entity with the authority to condemn property and is acquiring by condemnation the property to which the water right proposed for transfer is appurtenant. Such an entity may only apply for a transfer under this subsection if it has filed a condemnation action to acquire the property and deposited the funds with the court as required by ORS 35.265 (Advance deposit by public condemner requiring immediate possession). Such an entity need not obtain the consent or authorization for the change from any other person or entity.

(14)

For temporary transfers under OAR 690-380-8000 (Temporary Transfers), name of the deeded landowner of the land to which the water right is appurtenant and a copy of the recorded deed to the subject lands. If the applicant is not the deeded landowner, the applicant shall provide a notarized statement from the landowner authorizing the change.

(15)

The proposed use of water.

(16)

The proposed place of use shall be identified by its location within the public land survey and, if the applicant is not a municipality as defined in ORS 540.510 (Appurtenancy of water to premises)(3)(b), by tax lot number and name and address of each tax lot owner(s) other than the applicant.

(17)

Reason for the proposed change.

(18)

Map as required in OAR 690-380-3100 (Map Requirements).

(19)

Land use information as outlined in the Department’s Land Use Planning Procedures Guide, except for those transfers that meet the following four requirements:

(a)

Where existing and proposed water uses would be located entirely within lands zoned for exclusive farm use as provided in ORS 215.203 (Zoning ordinances establishing exclusive farm use zones) or within irrigation districts;

(b)

That involve changes in place of use only;

(c)

That do not involve the placement or modification of structures including but not limited to water diversion, impoundment, or distribution facilities, water wells, and well houses; and

(d)

That involve irrigation water uses only.

(20)

If the request is for a change in point of diversion to a well, or a change in point of appropriation, copies of water well reports for the authorized and proposed point of appropriation. If water well reports are not available, a description of the construction of each well, including but not limited to, well depth, static water level, casing size, and any other necessary information to establish the groundwater body developed or proposed to be developed.

(21)

A listing of the names and mailing addresses of:

(a)

All affected local governments, including but not limited to, county, city, municipal corporations, and tribal governments; and

(b)

Any district in which the affected water right is located or that serves the right and any district in which the affected water right would be located or that would serve the right after the proposed transfer.

(22)

An oath that the information contained in the application is true and accurate.

(23)

If a portion of the fee is waived pursuant to OAR 690-380-3400 (Waiver of Fees), documentation showing that the proposed transfer qualifies for the fee waiver.

(24)

The signature of the applicant, and if an entity, the title of the person signing the form.

(25)

The appropriate fee as required under ORS 536.050 (Fees), less any portion waived pursuant to OAR 690-380-3400 (Waiver of Fees).

Source: Rule 690-380-3000 — Application for Transfer, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-380-3000.

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 690-380-3000’s source at or​.us