OAR 690-385-3145
Temporary Change in Point of Diversion in Response to an Emergency

(1)

As provided in ORS 540.570 (Temporary transfers within districts), a temporary change in point of diversion may be made in response to an emergency as defined in OAR 690-385-0100 (Definitions)(19).

(2)

A temporary change in point of diversion is restricted to the same source of surface water or to ground water from an unconfined aquifer that is hydraulically connected to the same source of surface water pursuant to OAR 690-385-3150 (Temporary Change from Surface Water Point of Diversion to Ground Water Appropriation), and shall be limited to diverting no more than the quantity of water available for diversion from the surface water source at the original point of diversion.

(3)

Pursuant to OAR 690-385-3000 (District Temporary Transfer Criteria Renumbered from 690-021-0020)(1), a district may submit and the Department may approve an application for a temporary change in point of diversion in response to an emergency for a period of time not to exceed one irrigation season.

(4)

If more than one irrigation season is necessary to correct the emergency under OAR 690-385-0100 (Definitions)(19), a district shall submit an application for a temporary change in point of diversion for the succeeding irrigation season.

(5)

Under this rule, a district may be limited to filing no more than two temporary transfer applications, for successive irrigation seasons, in response to the same emergency.

(6)

An applicant shall not divert water from a temporary change in point of diversion in response to an emergency prior to:

(a)

Submitting a complete application as required under OAR 690-385-3200 (District Temporary Transfer Applications)(3)(a)(C) that lists the agencies and governments and contact names with whom the applicant has notified and consulted; and

(b)

Consulting with applicable state agencies such as ODFW and DSL, and applicable local governments and tribal governments about the temporary change in point of diversion.

(7)

The Department shall consult with ODFW to determine whether a fish screen device is necessary for the diversion pursuant to OAR 690-385-3520 (Fish Screening Devices).

(8)

Pursuant to OAR 690-385-3500 (District Temporary Transfer Approval and Final Orders), a final order approving a temporary change in point of diversion in response to an emergency may include any conditions or restrictions necessary to prevent injury to another water right.

(9)

If the proposed transfer affects an instream water right, the Department shall develop any conditions or restrictions necessary to prevent injury to the instream water right in consultation with the state agency that has management responsibility for the resources protected by the instream water right.

(10)

The Department, may at any time upon determining a temporary change in point of diversion results in injury to an existing water right:

(a)

Impose conditions to prevent injury; or

(b)

Reject or revoke the change.

Source: Rule 690-385-3145 — Temporary Change in Point of Diversion in Response to an Emergency, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-385-3145.

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 690-385-3145’s source at or​.us