Or. Admin. Code § 690-385-5600 - District Permanent Transfer of Water Right for Nonuse Approval and Final Orders

A district permanent transfer application submitted under ORS 540.572 and OAR 690-385-5000 shall be approved if the Department determines that:

(1) The water right proposed for transfer is subject to transfer as defined in ORS 540.505(4) and OAR 690-385-0100(17) and, for a right described under 690-385-0100(17)(d), that proof of completion has been approved under 690-385-7400;

(2) The proposed transfer would not result in enlargement as defined in OAR 690-385-0100(4);

(3) The proposed transfer would not result in injury as defined in OAR 690-385-0100(6);

(4) Any other applicable requirements for district permanent transfers of water right for nonuse are met;

(5) The district submitted the application no later than the end of the calendar year of the fifth year of nonuse under ORS 540.610(1); and

(a) The district received no written objections to the proposed transfer within the 30-day time period following the mailing of notice under OAR 690-385-5100; or

(b) The district board of directors submitted the permanent district transfer application after having:

(A) Received written objections to the proposed transfer within the 30-day time period following the mailing of notice under OAR 690-385-5100;

(B) Failed to resolve the objections; and

(C) Held a hearing to review and consider the objections.

Notes

Or. Admin. Code § 690-385-5600

WRD 9-2004, f. & cert. ef. 11-16-04

Stat. Auth.: ORS 536.025 & 536.027

Stats. Implemented: ORS 540.572 - 540.580