The Department shall buy, lease, and accept as gifts water rights for the purpose of transferring the water right to an instream water right for the public uses and purposes set forth in OAR 635-400-0000 through 635-400-0035:

1. (1) Donors of gifts shall be recognized through a formal Commission process.

2. (2) Water rights that may be transferred to instream water rights shall be reviewed for potential benefits and adverse impacts to fish and wildlife or their habitats, angling, hunting, trapping or nonconsumptive uses of fish or wildlife:

   1. (a) Standards set out in OAR 635-400-0020 shall apply to prioritize water rights that are to be bought or leased;
   2. (b) Gifts of water rights shall be accepted regardless of priorities set out in OAR 635-400-0020, if the transfer does not harm fish or wildlife or their habitats, angling, hunting, trapping or noncon-sumptive uses of fish or wildlife.

Statutory/Other Authority

ORS 496 & 537

Statutes/Other Implemented

ORS 496 & 537

History

FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89