OAR 690-385-3000
District Temporary Transfer Criteria Renumbered from 690-021-0020

(1)

Pursuant to ORS 540.570 (Temporary transfers within districts), the Department may approve a district temporary transfer application for a period of time not to exceed one irrigation season provided:

(a)

The district has a manager;

(b)

The application does not propose to change the type of use except for a right to store water under OAR 690-385-3120 (Temporary Change in Type of Use of a Water Right to Store Water) or change a primary right to a supplemental right under OAR 690-385-3130 (Temporary Change in Type of Use from a Primary Right to a Supplemental Right);

(c)

The district has, prior to submitting the application, reviewed and approved a request by a user or a user’s agent to temporarily transfer the use of water to different locations elsewhere within the boundaries of the district;

(d)

The proposed transfer involves the use of water on lands located within the district boundaries;

(e)

The proposed transfer will not result in injury or enlargement; and

(f)

The land from which water is transferred does not receive water under the water use subject to transfer during the irrigation season in which the change in place of use occurs.

(2)

A district may allow proposed changes to occur upon submission of a district temporary transfer application to the Department.

(3)

The Department, may at any time upon determining a change allowed by a district under section (2) of this rule or a final order under OAR 690-385-3500 (District Temporary Transfer Approval and Final Orders) results in injury to an existing water right:

(a)

Impose conditions to avoid injury; or

(b)

Reject or revoke the change.

(4)

Pursuant to ORS 536.900 (Civil penalties), a district and user may be subject to civil penalties for allowing the use of water on both the land from which water is transferred, and the lands to which the water is transferred, during the same irrigation season or calendar year.

(5)

All uses for which a temporary transfer is approved shall revert to the terms and conditions of the water use subject to transfer upon expiration of the temporary transfer period, or earlier if requested in writing by a district.

Source: Rule 690-385-3000 — District Temporary Transfer Criteria Renumbered from 690-021-0020, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-385-3000.

690‑385‑0010
Purpose 690‑385‑0100
Definitions 690‑385‑2000
Standard Requirements for Application for Transfer 690‑385‑2200
Standard Map Requirements 690‑385‑3000
District Temporary Transfer Criteria Renumbered from 690-021-0020 690‑385‑3100
Types of District Temporary Transfers 690‑385‑3110
Temporary Change in Place of Use 690‑385‑3120
Temporary Change in Type of Use of a Water Right to Store Water 690‑385‑3130
Temporary Change in Type of Use from a Primary Right to a Supplemental Right 690‑385‑3140
Temporary Change in Point of Diversion or Appropriation 690‑385‑3145
Temporary Change in Point of Diversion in Response to an Emergency 690‑385‑3150
Temporary Change from Surface Water Point of Diversion to Ground Water Appropriation 690‑385‑3200
District Temporary Transfer Applications 690‑385‑3300
District Temporary Transfer Application Map Requirements 690‑385‑3400
District Temporary Transfer Application Notice and Review 690‑385‑3500
District Temporary Transfer Approval and Final Orders 690‑385‑3520
Fish Screening Devices 690‑385‑3600
Appeal of a Final Order Approving a District Temporary Transfer 690‑385‑4000
District Permanent Transfer Criteria 690‑385‑4100
Notice of District Permanent Transfer 690‑385‑4200
District Permanent Transfer Applications 690‑385‑4300
District Permanent Transfer Application Map Requirements 690‑385‑4400
District Permanent Transfer Application Notice and Review 690‑385‑4500
District Permanent Transfer Approval and Final Orders 690‑385‑4580
Original Right Terminated by Final Order 690‑385‑4600
Protests and Requests for Hearings 690‑385‑4700
Hearings 690‑385‑5000
District Permanent Transfer of Water Right for Nonuse Criteria 690‑385‑5100
Notice of Nonuse of Water Right and Intent to Transfer Pursuant to ORS 540.572 690‑385‑5200
District Permanent Transfer of Water Right for Nonuse Applications 690‑385‑5300
District Permanent Transfer of Water Right for Nonuse Application Map Requirements 690‑385‑5400
Notice of Filing District Permanent Transfer of Water Right for Nonuse Application 690‑385‑5500
District Permanent Transfer of Water Right for Nonuse Application Notice and Review 690‑385‑5600
District Permanent Transfer of Water Right for Nonuse Approval and Final Orders 690‑385‑5680
Original Right Terminated by Final Order 690‑385‑5700
Protests and Requests for Hearings 690‑385‑5800
Hearings 690‑385‑5900
Time Period to Process Permanent Transfer Application Exempt from Forfeiture 690‑385‑6000
Miscellaneous Provisions: Multiple Primary Water Rights on the Same Lands 690‑385‑7000
Completion and Perfection of Transferred Rights: Time for Completion 690‑385‑7100
Completion and Perfection of Transferred Rights: Failure to Complete a Transfer as Grounds for Cancellation 690‑385‑7200
Completion and Perfection of Transferred Rights: Extension of the Time Limits 690‑385‑7400
Completion and Perfection of Transferred Rights: Proof of Use 690‑385‑7600
Completion and Perfection of Transferred Rights: Proof of Completion of Change 690‑385‑7800
Completion and Perfection of Transferred Rights: Request for Reconsideration
Last Updated

Jun. 8, 2021

Rule 690-385-3000’s source at or​.us