OAR 690-380-5000
Approval of Transfers
(1)
A transfer application shall be approved if the Department determines that:(a)
The water right affected by the proposed transfer is a water use subject to transfer as defined in ORS 540.505 (Definitions)(4) and OAR 690-380-0100 (Definitions)(14) and, for a right described under 690-380-0100 (Definitions)(14)(d), the proof of completion has been approved under 690-380-6040 (Proof of Completion of Change);(b)
The portion of the water right to be transferred is not cancelled pursuant to ORS 540.610 (Use as measure of water right);(c)
The proposed transfer would not result in enlargement as defined in OAR 690-380-0100 (Definitions)(2);(d)
Except as provided in OAR 690-380-5030 (Approval of Injurious Transfers), the proposed transfer would not result in injury as defined in 690-380-0100 (Definitions)(3); and(e)
Any other requirements for water right transfers are met.(2)
Except as otherwise provided in OAR 690-380-4020 (Notice of Preliminary Determination)(8), the Department shall issue a final order consistent with the preliminary determination described in 690-380-4010 (Preliminary Determination) if no protests or notifications of intent are received under 690-380-4030 (Protests and Requests for Hearings)(1).
Source:
Rule 690-380-5000 — Approval of Transfers, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-380-5000
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