OAR 690-385-7200
Completion and Perfection of Transferred Rights: Extension of the Time Limits

(1)

If the transfer is not completed within the time allowed in the final order, a district may file an application for an extension of time. The application shall contain sufficient information for the director to determine reasonable diligence was made to complete the project within the initial time specified in the final order.

(2)

A separate application requesting an extension of time to complete a transfer shall be submitted for each final order that authorizes the transfer of the water use subject to the extension request.

(3)

The Department shall consider an application for extension of time received no later than the date specified in the final order for a district to submit proof of use under OAR 690-385-7400 (Completion and Perfection of Transferred Rights: Proof of Use; Noncompliance). The Department shall review and issue an order within 90 days of receipt of the application.

(4)

Failure of a district to submit an application and receive an order of the Department authorizing an extension of time to complete a transfer may lead to loss of the water right for failure to complete the transfer in accordance with OAR 690-385-7100 (Completion and Perfection of Transferred Rights: Failure to Complete a Transfer as Grounds for Cancellation)(2).

(5)

The Department may grant extensions for a 12 month time period, from October 1 to October 1. Extensions may be granted for longer time periods if the applicant can justify the need for a longer period of time by submission of pertinent evidence.

(6)

In reviewing an application for an extension of time, the director shall determine whether reasonable diligence was made by the applicant to complete the project within the time period established under OAR 690-385-7000 (Completion and Perfection of Transferred Rights: Time for Completion). Applications for extension of time shall include:

(a)

A listing and description of all construction and purchases related to installation of the water delivery system during the previous use perfection period;

(b)

A description of any expansion or restructuring of the existing delivery system during the same period;

(c)

A description of the extent to which the applicant has made actual use of water according to the terms of the transfer final order; and

(d)

Information to indicate whether the applicant has complied with any conditions contained in the transfer final order.

(7)

Applications for succeeding extensions shall show reasonable diligence within the time allowed by the previous extension and shall be subject to the Department review based on section (6) of this rule.

Source: Rule 690-385-7200 — Completion and Perfection of Transferred Rights: Extension of the Time Limits, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-385-7200.

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 690-385-7200’s source at or​.us