water right transfers oar chapter 690 divisions 380 382 385 77 cwre workshops october 2012
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Water Right Transfers OAR Chapter 690 Divisions 380, 382, 385, 77 CWRE Workshops – October, 2012. Susan Douthit District Analyst. Transfers Topics. Transfer Basics Types of Transfers Transfer Process. Transfer Basics. What is a Transfer?. The legal way to make changes to

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water right transfers oar chapter 690 divisions 380 382 385 77 cwre workshops october 2012

Water Right TransfersOAR Chapter 690Divisions 380, 382, 385, 77CWRE Workshops – October, 2012

Susan Douthit

District Analyst

transfers topics
Transfers Topics
  • Transfer Basics
  • Types of Transfers
  • Transfer Process
what is a transfer
What is a Transfer?

The legal way

to make changes to

a water right.

basic components of water rights
Basic Components of Water Rights
  • Water source
  • Type of Beneficial Use
  • Priority Date
  • Maximum rate of diversion (cfs or gpm)
  • Annual duty (volume of water, acre-foot)
  • Point of Diversion/Appropriation
  • Place of Use
what can be changed
What CAN be changed
  • Water source
  • Type of Beneficial Use
  • Priority Date
  • Rate of diversion (cfs or gpm)
  • Annual duty (volume of water, acre-foot)
  • Point of Diversion/Appropriation
  • Place of Use
what can not be changed
What Can NOTbe Changed?
  • Source
  • Rate of diversion (can’t be increased)
  • Annual duty (can’t be increased beyond what could originally have been used beneficially)
  • Priority Date
  • Number of Acres (can’t be increased)
for certificated rights regular permanent transfers
For Certificated Rights: “Regular Permanent Transfers”
  • (OAR 690-380):
    • Permanent Transfers: POU, POD/POA, USE
    • Temporary Transfers: POU for 1-5 years, (& POD/POA if needed to get water to the new POU)
    • “Historic POD” to bring 10 yr+ unauthorized POD/POA change into compliance
  • (OAR 690- 077):
    • Instream Transfers: POU & USE, to protect water instream (permanent or time-limited)
for permits permit amendments
For Permits: Permit Amendments

(ORS 537.211)

  • Change POU
    • Move to contiguous land
    • Land owned by permit holder
  • Change or add POD/POA
  • Cannot change character of use
for groundwater registrations gr claims gr modifications
For Groundwater Registrations (GR- Claims): GR Modifications

OAR 690-382

  • Change or add POA
  • Change POU
  • Change USE
district transfers ors 540 580 division 690 385
District Transfers – ORS 540.580Division 690-385
  • POU only
    • Within the boundaries of a district
    • No injury
    • No enlargement
  • Extended notice requirements
step 1 submit application
Step 1 Submit Application
  • Start with a water right subject to transfer.
  • Decide what changes to make.
  • Fill out application forms.
  • Prepare all attachments. (map, evidence of use, land use form, Supp’l Form D, etc.)
  • Submit to Department with fees.
step 2 initial public notice
Step 2 Initial Public Notice
  • Public notice of application – 30 day comment period
step 3 department review
Step 3 Department Review
  • Is the application complete?
  • Is the right not cancelled or has the Permit Completion Date (C-date) not expired?
  • Has the right been used in the last five years?
  • Will the proposed POD or POA access the same source of water?
  • Is the change consistent with land use?
  • Will ODFW require a fish screen?
  • Do the owners of the land where the water right is appurtenant agree to the change?
step 3 department review1
Step 3 Department Review
  • Is an affected Irrigation District in agreement?
    • Supp’l Form D is an application requirement if water right being transferred is in the name ofOR within the boundaries of a district.
slide18

Step 3 Department Review

  • Would the change NOT enlarge the right?

“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.

step 3 department review2
Step 3 Department Review
  • Would the change NOT injure other rights?

“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.

step 4 draft preliminary determination
Step 4 Draft Preliminary Determination
  • For Permanent OAR 690-380 and 690-077 transfers only (“regular” and instream):
  • Draft Preliminary Determination (DPD) sent to applicant, proposing approval or denial
    • Opportunity for applicant to comment on determination or modify proposal
    • Assure the intent of the change is reflected.
step 5 ownership
Step 5 Ownership
  • Ownership report – requested at DPD
    • Prepared by a title company
    • w/in three months of the dpd, w/in three months of recording a conveyance agreement OR prepared at any time but showing ownership at the time a conveyance was recorded.
  • Report must contain-
    • Date report was prepared
    • List of owners
    • Legal Description (Exhibit A)
step 6 newspaper notice
Step 6Newspaper Notice
  • Department will coordinate with applicant to select a newspaper and submission of funds.
    • Two consecutive weeks (three weeks if application submitted before Jan 2012) in a newspaper that has circulation in the area of the water right.
    • Protest period ends 30 days after the last day of publication.
no newspaper publication if
No newspaper publication if. . .
  • Only changing POU
  • POD/POA of less than quarter mile w/no intervening PODs/POAs
step 7 preliminary determination
Step 7Preliminary Determination
  • Issued following agreement with DPD
  • Public Notice
  • Newspaper Notice (if required)
  • Initiates Protest Period
step 8 final order
Step 8 Final Order
  • Department issues Final Order approving or denying transfer proposal.
  • Applicant is authorized to make the change.
  • Deadline is set for completion of change (C-date).
  • CBU due one year after C-day
  • Applicant usually responsible for submission of CBU.
step 9 proving up
Step 9 Proving Up
  • Applicant completes changes and puts water to beneficial use by completion date, or needs to apply for a “Transfer Extension of Time”
  • Applicant hires a CWRE to prepare a Claim of Beneficial Use (CBU) and map
  • After Department reviews and approves CBU, a new certificate is issued for the changed right (confirming certificate).
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