Or. Admin. Code § 690-077-0080 - Cancellation or Waiving of an Instream Water Right
(1) There is a rebuttable presumption that an
instream water right, or a portion thereof, that has not been put to a public
use for five successive years in which water was available is
forfeited.
(2) Upon making a
preliminary finding that the instream water right has been forfeited the
Director shall notify DEQ, ODFW, Parks, and those persons and agencies on the
Department's weekly mailing list of the Department's findings and of its intent
to cancel the instream water right. The Department shall also publish the
notice in the Secretary of State's bulletin once, and in a local newspaper one
day a week for two weeks.
(3) Any
person may file a protest within 60 days of publication in the Secretary of
State's bulletin or the local news paper.
(4) If no protest is filed in the 60 day
period, the Commission shall proceed with the process outlined in ORS
540.641(1).
(5) If a protest is filed in the 60 day
period, the Commission shall proceed with the process outlined in ORS
540.641(2).
(6) An instream water right established under
ORS 537.336 through
537.338 (OAR 690-077-0020) may
be canceled pursuant to ORS
540.621 only upon the written
certification from the original applicant agency(ies) that the instream water
right has been abandoned. Proper notification of the public shall proceed as
outlined in Section (2) of this rule.
(7) An instream water right shall not be
subject to forfeiture due to non-use when water was not available.
Notes
Stat. Auth.: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
Stats. Implemented: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338, 537.356 & 537.358
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