Or. Admin. Code § 690-380-3410 - Waiver of Mapping Requirements
(1)
The Director may waive or assist the applicant in satisfying the requirements
of OAR 690-380-3100 for a change to a water right subject to transfer under ORS
540.520 or
540.523, if the change is:
(a) To establish an instream water right
pursuant to ORS 537.348;
(b) Necessary to complete a project funded by
the Oregon Watershed Enhancement Board under ORS
541.375; or
(c) Determined and endorsed in writing by
ODFW as a change that will result in a net benefit to fish and wildlife
habitat.
(2) A request
to waive or assist the applicant in satisfying the mapping requirements of OAR
690-380-3100 shall be submitted on a form provided by the Department. The form
must be completed by the applicant and signed by the appropriate field staff
prior to submittal of the transfer application.
(3) A waiver of mapping requirements under
this rule shall only be approved if:
(a) The
transfer would establish an instream water right as described in subsection
(1)(a) of this rule:
(A) If the entirety of
the right is being transferred to an instream water right and the location of
the instream water right can be clearly delineated through reference to the
existing point of diversion for the transferred right and other points of
diversion or geographic reference points such as the mouth of the stream;
or
(B) A map meeting the
requirements of OAR 690-380-3100 is available showing the lands not included in
the transfer and the location of the instream water right can be clearly
delineated through reference to the existing point of diversion for the
transferred right and other points of diversion or geographic reference points
such as the mouth of the stream.
(b) At the determination of the Director,
other circumstances are present that make an application map
unnecessary.
(4) The
assistance provided by the Department may include, but need not be limited to,
development of an application map.
Notes
Stat. Auth.: ORS 536.025 & ORS 536.027
Stats. Implemented: ORS 540.510 - ORS 540.532
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