OAR 690-380-8020
Supplemental Water Rights

(1)

When an application for a temporary transfer of the place of use is filed with the Department, the applicant also shall indicate whether the land described in the application has an appurtenant supplemental water right or permit. The applicant shall also indicate whether the supplemental water right or permit is intended to be temporarily transferred with the primary water right or to remain unexercised at the place of use as described in the original water right during the period of the temporary transfer.

(2)

If the applicant also intends to temporarily transfer the supplemental water right or permit, the applicant shall include the information required under OAR 690-380-3000 (Application for Transfer) and 690-380-8000 (Temporary Transfers) for the supplemental water right or permit.

(3)

If an existing supplemental water right or permit is not included in the temporary transfer application, the Department shall notify the applicant and the landowner, as identified under OAR 690-380-3000 (Application for Transfer)(14), that the order approving the temporary transfer of the primary water right will not allow the exercise of the supplemental water right or permit.

(4)

The notice shall contain the following:

(a)

A description of the supplemental water right or permit and the land to which it is appurtenant;

(b)

A statement that the applicant and landowner, as identified under OAR 690-380-3000 (Application for Transfer)(14), has 30 days, from the date of the notice, to either modify the application to include the supplemental water right, or withdraw the application;

(c)

A statement that, unless the applicant complies with subsection (4)(b) of this rule, the order approving the application for the temporary transfer of the primary water right will not allow the exercise of the supplemental water right or permit.

(5)

If the application is withdrawn, the Department shall keep the examination fee, and shall refund any other fees submitted with the application.

(6)

If the application is not modified or withdrawn, the director shall enter an order approving the temporary transfer of the primary water right and not allowing the exercise of the supplemental water right until the primary water right reverts to the original water use.

(7)

The Department shall not approve the temporary transfer of a supplemental water right or permit if the temporary transfer would result in injury or enlargement.

(8)

If the Department approves the temporary transfer of the primary water right but does not approve the temporary transfer of the supplemental water right or permit, the Department shall notify the applicant of the Department’s intent not to allow the temporary transfer of the supplemental water right or permit before the Department issues the order approving the temporary transfer of the primary water right. The notice shall inform the applicant that the supplemental water right or permit shall remain appurtenant to the land described in the application, but may not be exercised until the primary water right reverts to the original water use.

(9)

If the primary water right does not revert soon enough to allow the use of water under the supplemental water right within five years, the supplemental water right shall become subject to cancellation for nonuse under ORS 540.610 (Use as measure of water right).

Source: Rule 690-380-8020 — Supplemental Water Rights, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-380-8020.

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 690-380-8020’s source at or​.us