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.

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

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).