Or. Admin. Code § 690-014-0100 - Minimum Requirements for Claims of Beneficial Use for Permits and Transfer Final Orders
(1) The CWRE
shall prepare a report, using a form or format provided by the Department,
which describes the status of conditions and limitations in permits and
transfer final orders such as:
(a) Type of
use;
(b) Period of use;
(c) Place of use;
(d) Extent of use;
(e) Location of point of diversion or point
of appropriation;
(f) Source of
water;
(g) Rate;
(h) Installation of measuring
device;
(i) Water use
reporting;
(j) Water level
reporting;
(k) Fish
screening;
(l) The date of the
inspection; and
(m) All other
conditions or limitations.
(2) The CWRE shall provide the Department
with sufficient information for the Director to determine the extent of
beneficial use developed within the conditions or limits of the permit or
transfer final order, including any specified development time
limits.
(3) Uses partially
developed by the water user shall be described. Uses or areas which were not
developed shall be noted. Uses determined to exist which are not authorized by
the permit or transfer final order being examined shall also be noted in the
report but not included as part of the Claim of Beneficial Use. All uses shown
on the map must be described in the report.
(4) The diversion works shall be accurately
described by the map and report. A general narrative description of the
distribution works shall be given. This description must trace the water system
from the point(s) of diversion or appropriation to, and include the place of
use. The description shall also include the return to public waters when
required by the permit or transfer final order, such as fish propagation,
mining and power facilities. The make, capacity, serial number and description
of all pumps and measuring devices shall, if available, be described in the
report. If the make, capacity, serial number and description of any pumps and
measuring devices are not available, the report must specify why.
(5) Other water right permits, certificates,
transfer final orders, or other conveyance systems connected to the system
being examined shall be described in the report. Any reservoir, diversion dam,
headgate, well, canal, flume, pump, and other related structures shall be
described.
(6) The crops raised or
other beneficial use made of the water shall be identified.
(7) The diversion rate shall be determined
for each use and source when more than one use or source is involved.
(8) The maximum rate of use shall be
determined by actual measurement when possible. Water measurements may be made
by weir, meter, rated flume, reservoir capacity table or other method of
measurement acceptable to the Department. The report shall describe the method
used in making the measurement, the date made and a description of the location
where the measurement was taken. It shall contain sufficient information,
including current meter notes, rating tables, and/or calibration information to
enable the Director to check the quantity of water measured in each
case.
(9) Computations for the
maximum capacity of the system shall be submitted for all claims. These
computations may suffice to determine the maximum rate of application if the
system was not operating when the inspection was conducted.
(10) The amount of water shall be limited by
the Department to the lesser of: the authorized amount, the capacity of the
delivery system, or the amount of actual beneficial use. The Claim of
Beneficial Use shall include sufficient information to make the
determination.
(11) Claims of
Beneficial Use for reservoir permits, for storage of less than 9.2 acre-feet of
water or with a dam less than 10 feet in height, that do not require approved
as-built plans and specifications be on file with the Department, shall also
include the following:
(a) A drawing showing
the cross section of the dam at maximum section showing complete details and
dimensions. The drawing should be drawn at a standard scale. Normally this
measurement is taken from the deepest part of the channel to the top of the
embankment. Vertical accuracy is required to 0.25 feet for the purpose of this
measurement;
(b) A description of
the outlet works; and
(c) A
description of the emergency spillway.
(12) The rate of flow shall be determined to
three significant figures with reporting necessary only to thousandths.
Examples are: 4,560 cfs; 456 cfs; 45.6 cfs; 4.56 cfs; 0.456 cfs; 0.046 cfs; and
0.005 cfs.
(13) When computing the
storage capacity of reservoirs, the volume of water shall be determined to
three significant figures with reporting, for the purpose of the Claim of
Beneficial Use, necessary only to tenths. Examples are: 4,560 af; 456 af; 45.6
af; 4.6 af; and 0.5 af.
(14) The
following statement, signed by the CWRE, shall appear at the end of the Claim
of Beneficial Use: "The facts contained in this Claim of Beneficial Use are
true and correct to the best of my knowledge."
(15) The following statement, signed or
acknowledged by the permittee or transferee, shall appear at the end of the
Claim of Beneficial Use: "The facts contained in this Claim of Beneficial Use
are true and correct to the best of my knowledge. I request that the Department
issue a water right certificate."
(16) A CWRE may make a written request to the
Director for a waiver of one or more of the Claim of Beneficial Use standards.
Waivers cannot be requested for elements relating to conditions or other
limitations of the permit or transfer final order. The Director will determine
whether the waiver shall be allowed and will respond to such requests in
writing.
Notes
Stat. Auth.: ORS 536 & 537
Stats. Implemented: ORS 536 & 537
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