Or. Admin. Code § 690-385-3000 - District Temporary Transfer Criteria Renumbered from 690-021-0020
(1) Pursuant to ORS
540.570, the Department may
approve a district temporary transfer application for a period of time not to
exceed one irrigation season provided:
(a) The
district has a manager;
(b) The
application does not propose to change the type of use except for a right to
store water under OAR 690-385-3120 or change a primary right to a supplemental
right under OAR 690-385-3130;
(c)
The district has, prior to submitting the application, reviewed and approved a
request by a user or a user's agent to temporarily transfer the use of water to
different locations elsewhere within the boundaries of the district;
(d) The proposed transfer involves the use of
water on lands located within the district boundaries;
(e) The proposed transfer will not result in
injury or enlargement; and
(f) The
land from which water is transferred does not receive water under the water use
subject to transfer during the irrigation season in which the change in place
of use occurs.
(2) A
district may allow proposed changes to occur upon submission of a district
temporary transfer application to the Department.
(3) The Department, may at any time upon
determining a change allowed by a district under section (2) of this rule or a
final order under OAR 690-385-3500 results in injury to an existing water
right:
(a) Impose conditions to avoid injury;
or
(b) Reject or revoke the
change.
(4) Pursuant to
ORS 536.900, a district and user may
be subject to civil penalties for allowing the use of water on both the land
from which water is transferred, and the lands to which the water is
transferred, during the same irrigation season or calendar year.
(5) All uses for which a temporary transfer
is approved shall revert to the terms and conditions of the water use subject
to transfer upon expiration of the temporary transfer period, or earlier if
requested in writing by a district.
Notes
Stat. Auth.: ORS 536.025 & 536.027
Stats. Implemented: ORS 540.570
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