Or. Admin. R. 690-315-0020 - Application for Extension of Time for Other Than Municipal and Quasi-Municipal Water Use Permits
(1) Under this
rule, water right permit holders for other than municipal or quasi-municipal
uses may apply to the Department for extensions of time to complete
construction and/or apply the water to the full beneficial use pursuant to ORS
537.230 or
537.630.
(2) To apply for an extension of time to
complete construction and/or to apply the water to the full beneficial use, a
water right permit holder shall submit to the Department a completed extension
application. A separate application must be completed for each permit.
Application forms are available from the Department.
(3) The completed application must include
the fee specified in ORS
536.050 and an application form
setting forth:
(a) The name and mailing
address of the water right permit holder(s);
(b) The permit number for which an extension
is requested;
(c) If the water
right permit holder receives delivery of the subject water right permit from a
municipality, municipal corporation, or other special district, the applicant
shall provide the name of the entity and evidence that a copy of the
application for extension of time has been provided to the entity responsible
for delivering the water;
(d)
Evidence of the actions taken to begin actual construction within the time
period in the permit or previous extension:
(A) "Actual construction" means physical work
performed towards completion of the water system, which demonstrates both the
present good faith of the water right permit holder and the water right permit
holder's intention to complete the project with reasonable diligence;
(B) "Actual construction" does not include
planning a diversion system, formulating a business plan, securing financing,
letting contracts, purchasing but not installing equipment, or
surveying.
(e) Evidence
of progress made toward completion of the water development and application to
full beneficial use, which includes but is not limited to:
(A) The annual accomplishments toward
perfecting the water right under the terms and conditions of the permit,
including the dates on which each condition contained in the relevant permit
and any previous extension(s) was satisfied or the reason the condition was not
satisfied;
(B) The maximum rate, or
duty if applicable, of diversion, if any, made to date; and
(C) If for irrigation, a listing by year of
the number of acres irrigated each year since permit issuance, the total number
of acres irrigated to date under the permit or previous extension, and a copy
of the application map showing the acres irrigated.
(f) A description of financial expenditures
made toward completion of the water development;
(g) An estimate of the cost to complete the
water development;
(h) A summary of
any additional unforeseen events which delayed completion of the water
development or application of water to full beneficial use, including other
governmental requirements, if any, relating to the project which have
significantly delayed completion of construction or perfection of the
right;
(i) The date by which the
water development will be completed and water put to full beneficial
use;
(j) A summary of the
applicant's plan and schedule to complete construction and/or perfect the water
right;
(k) Justification of why the
requested time in subsection (i) is needed to complete the project and/or apply
the water to full beneficial use;
(l) A description of any undue hardship to
the applicant which will result from denial of the extension, and that there
are no other reasonable alternatives for meeting water use needs;
(m) Any other information the applicant
determines is relevant to evaluate the application in accordance with
applicable statutes and these rules; and
(n) Any other information required in the
application form that is necessary to evaluate the application in accordance
with applicable statutory requirements.
(4) If the Department does not receive an
extension application within 90 days after the required date of completion
specified by the permit or previous permit extension, the Department may begin
cancellation proceedings on the permit pursuant to ORS
537.260 or
537.410.
Notes
Stat. Auth.: ORS 536.025 & 536.027
Stats. Implemented: ORS 536.050, 537.230, 537.248, 537.630 & 539.010
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