Distribution and Storage of Water
Petition for approval of transfer
(1)In accordance with the requirements of subsection (3) of this section, a district may petition the Water Resources Commission for approval and acceptance of a district map indicating the transfer of the location and use of the water rights within the district or any part of the district. The map shall be in a form satisfactory to the commission and shall be certified by the district rather than a certified water right examiner. In no event shall the petition and map expand a water right of the district or its users beyond the total right of record for the district. If the district complies with the requirements of ORS 540.572 (Application of certificated water elsewhere within district) to 540.580 (Permanent transfer of place of use of water within district), and after the opportunity for hearing under ORS 540.578 (Filing of protest), the commission shall issue an order approving the transfer and proceed as provided in ORS 540.530 (Order authorizing change of use, place of use or point of diversion) (1) and (2).
(2)If the commission denies the petition under subsection (1) of this section, the commission shall hold a hearing on the denial. Notice and conduct of the hearing shall be according to the provisions of ORS chapter 183 applicable to a contested case proceeding. The hearing shall be conducted in the area of the state where the right is located unless the parties and the persons who file the protest under this section stipulate otherwise.
(3)The petition required under subsection (1) of this section shall include:
(a)The name of the district and the certificate number of each water right contained in the petition.
(b)The names of all users within the district from whose lands water rights are to be transferred.
(c)The names of all users within the district to whose lands water rights are to be transferred.
(d)A general description of the district boundaries.
(e)A general description of the users’ land and the water right for each parcel from which and to which water rights are to be transferred. If the water right is on a tract of land of five acres or less, a notation of the acres of water right on the assessor’s tax map shall be sufficient for identification of the place of use and the extent of use.
(f)A description of the use that is proposed to be made of the water on each parcel.
(g)An affirmation by the petitioner that the map and petition are accurate to the best of the petitioner’s knowledge.
(h)A statement by the petitioner that notice has been given as required under ORS 540.572 (Application of certificated water elsewhere within district) (2), and that the water right has not previously been forfeited under ORS 540.610 (Use as measure of water right) due to an earlier or longer period of nonuse. [1991 c.957 §4]
Law Review Citations
11 EL 390 (1981)