OAR 690-380-4010
Preliminary Determination

(1)

After the conclusion of the public comment period described in OAR 690-380-4000 (Request for Comments)(4), the Department shall prepare a preliminary determination of whether the application should be approved or denied taking into account comments received in response to the notice provided under OAR 690-380-4000 (Request for Comments) and the considerations described in section (2) of this rule.

(2)

The Department’s preliminary determination shall include an assessment of whether:

(a)

The right has been used over the past five years according to the terms and conditions of the right and that the right is not subject to forfeiture under ORS 540.610 (Use as measure of water right);

(b)

The water user is ready, willing and able to use the full amount of water allowed under the right;

(c)

The proposed transfer would result in enlargement;

(d)

The proposed transfer would result in injury; and

(e)

Any other requirements for water right transfers are met.

(3)

For a preliminary determination that indicates that an application should be denied, the preliminary determination shall:

(a)

Describe the basis for the denial; and

(b)

Identify any conditions or restrictions that, if included in the transfer, would allow approval of the transfer.

(4)

The Department shall provide a copy of the draft preliminary determination to the applicant and provide the applicant a period of at least 30 days to amend the application to address any issues identified by the Department in the preliminary determination, including the quantity of water to be transferred, or to withdraw the application.

(5)

For permanent transfers under OAR 690-380-2000 (Types of Permanent Transfers), upon receipt of the draft preliminary determination, an applicant other than an entity that meets the criteria described in OAR 690-380-3000 (Application for Transfer)(13)(b) or (c) shall submit the following information:

(a)

A report of ownership information as defined in OAR 690-380-0100 (Definitions)(10) for the land to which the water right is appurtenant;

(b)

A copy of any water right conveyance agreement(s) for the land to which the water right is appurtenant; and

(c)

If the landowner identified in the report of ownership information is not the applicant, documentation to demonstrate that the applicant is authorized to pursue the transfer, which shall include:

(A)

A notarized statement by the landowner(s) identified in the report of ownership information consenting to the transfer;

(B)

If the interest in the water right has been conveyed, a notarized statement consenting to the transfer from the person or authorized representative(s) of the entity to whom the interest in the water right has been conveyed identified in a water right conveyance agreement; or

(C)

Other documentation demonstrating that the applicant is authorized to pursue the transfer.

(6)

The report of ownership information required under subsection (5)(a) of this rule must:

(a)

Be prepared no earlier than three months prior to the date of the draft preliminary determination showing current ownership; or

(b)

If the interest in the water right has been conveyed be prepared within three months of the date the water right conveyance agreement was recorded or show ownership for the appurtenant land at the time the water right conveyance agreement was recorded.

(7)

The draft preliminary determination shall constitute the notification of the Department’s intent to cancel a supplemental right required under OAR 690-380-2250 (Transfer of Supplemental Water Right or Permit).

(8)

If the applicant amends the application or provides additional information in support of approval of the application, the Department shall revise the draft preliminary determination as appropriate.

Source: Rule 690-380-4010 — Preliminary Determination, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-380-4010.

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 690-380-4010’s source at or​.us