Or. Admin. Code § 690-380-3000 - Application for Transfer
Each transfer application shall be prepared in ink or typewritten on forms provided by the Department. Applications shall contain the following information concerning the primary water right and any appurtenant supplemental water right or permit, if applicable:
(1) Applicant's name, mailing address, and
telephone number.
(2) Type of
change proposed.
(3) Name appearing
on permit, certificate, decree or proof of appropriation.
(4) Name of decree and certificate number, if
applicable.
(5) Permit number and
certificate number, if applicable.
(6) Source of water (from permit, decree or
certificate).
(7) Date of
priority.
(8) The existing and
proposed points of diversion or appropriation located accurately in reference
to a public land survey corner.
(9)
The authorized existing use of water.
(10) A description of the current water
delivery system that demonstrates that the applicant is ready, willing, and
able to exercise the right and includes information on the capacity of any
pumps, canals, and pipelines used to divert and convey the water to the
authorized use.
(11) The authorized
place of use identified by its location within the public land survey and tax
lot number.
(12) Evidence that the
water has been used over the past five years in accordance with the terms and
conditions of the right or that the right is not subject to forfeiture under
ORS 540.610. The evidence shall
include the following information:
(a) If the
right has been used during the past five years, one or more affidavits from
persons, such as the owner or operator, a neighbor, crop field person for a
cannery or other product buyer, or Natural Resources Conservation Service
(NRCS) representatives, who can attest from personal knowledge or professional
expertise that the right was exercised at the authorized location and for the
authorized purpose. Such affidavits shall state the specific grounds for the
affiant's knowledge, the specific use to which the water was put (e.g., the
crops grown, the nursery stock watered), and the delivery system used to apply
the water and include supporting documentation such as:
(A) Copies of receipts from sales of
irrigated crops or for expenditures relating to use of water;
(B) Records such as Farm Service Agency crop
reports, irrigation district records, an NRCS farm management plan, or records
of other water suppliers; or
(C)
Dated aerial photographs of the lands or other photographs containing
sufficient detail to establish the location and date of the photograph,
or
(b) If the right has
not been used during the past five years, documentation that the presumption of
forfeiture would be rebutted under ORS
540.610(2).
(13) For permanent transfers under OAR
690-380-2000:
(a) A signed statement that the
applicant understands that, upon receipt of the draft preliminary determination
described in OAR 690-380-4010(4) and prior to Department approval of the
transfer, the applicant will be required to provide landownership information
and evidence that the applicant is authorized to pursue the transfer as
identified in OAR 690-380-4010(5);
(b) A statement affirming that the applicant
is a municipality as defined in ORS
540.510(3)(b)
and that the right is in the name of the municipality or a predecessor;
or
(c) Documentation that the
applicant is an entity with the authority to condemn property and is acquiring
by condemnation the property to which the water right proposed for transfer is
appurtenant. Such an entity may only apply for a transfer under this subsection
if it has filed a condemnation action to acquire the property and deposited the
funds with the court as required by ORS
35.265. Such an entity need not
obtain the consent or authorization for the change from any other person or
entity.
(14) For
temporary transfers under OAR 690-380-8000, name of the deeded landowner of the
land to which the water right is appurtenant and a copy of the recorded deed to
the subject lands. If the applicant is not the deeded landowner, the applicant
shall provide a notarized statement from the landowner authorizing the
change.
(15) The proposed use of
water.
(16) The proposed place of
use shall be identified by its location within the public land survey and, if
the applicant is not a municipality as defined in ORS
540.510(3)(b),
by tax lot number and name and address of each tax lot owner(s) other than the
applicant.
(17) Reason for the
proposed change.
(18) Map as
required in OAR 690-380-3100.
(19)
Land use information as outlined in the Department's Land Use Planning
Procedures Guide, except for those transfers that meet the following four
requirements:
(a) Where existing and proposed
water uses would be located entirely within lands zoned for exclusive farm use
as provided in ORS 215.203 or within irrigation
districts;
(b) That involve
changes in place of use only;
(c)
That do not involve the placement or modification of structures including but
not limited to water diversion, impoundment, or distribution facilities, water
wells, and well houses; and
(d)
That involve irrigation water uses only.
(20) If the request is for a change in point
of diversion to a well, or a change in point of appropriation, copies of water
well reports for the authorized and proposed point of appropriation. If water
well reports are not available, a description of the construction of each well,
including but not limited to, well depth, static water level, casing size, and
any other necessary information to establish the groundwater body developed or
proposed to be developed.
(21) A
listing of the names and mailing addresses of:
(a) All affected local governments, including
but not limited to, county, city, municipal corporations, and tribal
governments; and
(b) Any district
in which the affected water right is located or that serves the right and any
district in which the affected water right would be located or that would serve
the right after the proposed transfer.
(22) An oath that the information contained
in the application is true and accurate.
(23) If a portion of the fee is waived
pursuant to OAR 690-380-3400, documentation showing that the proposed transfer
qualifies for the fee waiver.
(24)
The signature of the applicant, and if an entity, the title of the person
signing the form.
(25) The
appropriate fee as required under ORS
536.050, less any portion waived
pursuant to OAR 690-380-3400.
Notes
Stat. Auth.: ORS 536.025 & 536.027
Stats. Implemented: ORS 540.510 - 540.531
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