OAR 690-385-5100
Notice of Nonuse of Water Right and Intent to Transfer Pursuant to ORS 540.572

(1)

Prior to submitting a district permanent transfer application under OAR 690-385-5200 (District Permanent Transfer of Water Right for Nonuse Applications), a district shall provide written notice to the user and any security interest holders of record in the land to which the water right is appurtenant.

(2)

Notice shall be sent by certified mail to the last known address of the user with a return receipt requested.

(3)

The notice shall include:

(a)

A statement advising the user that the district has determined that the user’s land is no longer irrigated or susceptible of irrigation and that the district intends to submit an application to permanently transfer the water right pursuant to ORS 540.572 (Application of certificated water elsewhere within district).

(b)

A statement that the user has a 30-day period, from the mailing date of the notice, in which to submit to the district a written objection to the proposed transfer application;

(c)

A statement that the user shall notify the district, within the 30-day period described in subsection (3)(b) of this rule, if the user intends to demonstrate that the nonuse is excused by one of the provisions under ORS 540.610 (Use as measure of water right).

(d)

A statement that the user may demonstrate beneficial use of the water right by:

(A)

Beneficially irrigating the lands to which the water right is appurtenant prior to the end of the irrigation season of the fifth consecutive year of nonuse, or

(B)

Making beneficial use of water under one of the qualifying programs of the Water Resources Department such as, but not limited to, submitting a water right transfer under OAR 690, division 380 or a transfer to instream use under OAR 690, division 077, prior to the end of the irrigation season of the fifth consecutive year of nonuse.

(e)

A general description of the land according to public land survey description to which the water right is appurtenant;

(f)

The number of acres of water right, by tax lot, for which the user is charged or assessed by the district and which the district intends to propose for transfer under OAR 690-385-5200 (District Permanent Transfer of Water Right for Nonuse Applications);

(g)

A description of the type of use described by the water right of record;

(h)

A list of the name and address of security interest holders of record in the land to which the water right is appurtenant; and

(i)

A request for the user to respond confirming that the information in the notice is correct.

Source: Rule 690-385-5100 — Notice of Nonuse of Water Right and Intent to Transfer Pursuant to ORS 540.572, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-385-5100.

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 690-385-5100’s source at or​.us