Or. Admin. Code § 690-380-0100 - Definitions
The definitions in this rule, along with the definitions in OAR 690-008-0001 and 690-300-0010, apply to the rules in OAR chapter 690, division 380. Where a term is defined in more than one rule, the definition in this rule applies.
(1) "District" means an
irrigation district formed under ORS Chapter 545, a drainage district formed
under Chapter 547, a water improvement district formed under Chapter 552, a
water control district formed under Chapter 553 or a corporation organized
under Chapter 554.
(2)
"Enlargement" means an expansion of a water right and includes, but is not
limited to:
(a) Using a greater rate or duty
of water per acre than currently allowed under a right;
(b) Increasing the acreage irrigated under a
right;
(c) Failing to keep the
original place of use from receiving water from the same source; or
(d) Diverting more water at the new point of
diversion or appropriation than is legally available to that right at the
original point of diversion or appropriation.
(3) "Injury" or "Injury to an existing water
right" means a proposed transfer would result in another, existing water right
not receiving previously available water to which it is legally
entitled.
(4) "Layered" means a
situation in which there are multiple water uses subject to transfer, permits,
or certificates of registration that are appurtenant to the same place of use
and that have been issued for the purpose of irrigation.
(5) "ODFW" means the Oregon Department of
Fish and Wildlife.
(6) "Point of
appropriation" means a well or the pump location on a sump at which ground
water is withdrawn from the ground for use under a ground water
right.
(7) "Point of diversion"
means the place at which surface water is diverted from a surface water source
as specified in the water right. It may be the head of a ditch, a pump suction
line, the center line of a dam, or other point at which control is taken of
surface water.
(8) "Primary water
right" means the water right designated by the Commission as the principal
water supply for the authorized use, or if no designation has been made, the
water right designated by the applicant as the principal water supply for the
authorized use.
(9) "Protest" means
a written statement expressing opposition to approval of a transfer application
and disagreement with a preliminary determination that is filed in response to
the notice prescribed by ORS
540.520(5) and
OAR 690-380-4020 and includes the fee prescribed in ORS
536.050.
(10) "Report of ownership information" means
a document prepared by a title company that includes ownership and a legal
description of the lands to which the water right is appurtenant.
(11) "Standing statement" means a written
statement expressing support for a preliminary determination that is filed in
response to the notice prescribed by ORS
540.520(5) and
OAR 690-380-4020.
(12)
"Supplemental water right or permit" means an additional appropriation of water
to make up a deficiency in supply from an existing water right. A supplemental
water right or permit is used in conjunction with a primary water
right.
(13) "Water right conveyance
agreement" means a purchase and sale agreement, deed, or other document that
has been recorded in the deed records by the relevant county describing land to
which a water right is appurtenant and demonstrating that the interest in that
land and the interest in the appurtenant water right have been separately
conveyed.
(14) "Water use subject
to transfer" means a water use established by:
(a) An adjudication under ORS Chapter 539 as
evidenced by court decree;
(b) A
water right certificate;
(c) A
water use permit for which a request for issuance of a water right certificate
under ORS 537.250 has been received and
approved by the Commission under
537.250; or
(d) A transfer application for which an order
approving the change has been issued under ORS
540.530 and for which proper
proof of completion of the change has been filed with the
Commission.
Notes
Stat. Auth.: ORS 536.025 & 536.027
Stats. Implemented: ORS 540.510 - 540.532
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.