- (1) These rules describe the voluntary program under which a water right holder may benefit from an allocation of conserved water. Under the program, a portion of any water conserved may be used on additional lands, be put to a different use, or be leased or sold to another user.
- (2) This program is intended to promote the conservation of water, maximize beneficial use and enhance streamflows pursuant to the statutory authority in ORS 537.455 to 537.500 and 540.510(2) and (3).
- (3) These rules establish the process for review and evaluation of the merits and impacts of applications for allocation of conserved water. After a sufficient number of applications are submitted, these rules shall be reviewed and revised, as necessary, to further promote the allocation of conserved water and to provide criteria for determining requirements for mitigation and the establishment of instream water rights.
- (4) The rules in this division apply to applications submitted on or after April 1, 2026, except as specified in OAR 690, Division 2. Applications submitted before this date shall be subject to rules in effect at the time of submittal, except as specified in OAR 690, Division 2.
Statutory/Other Authority
ORS 536.025, ORS 536.027 & ORS 537.480
Statutes/Other Implemented
ORS 537.455 - 537.500
History
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 7-2004, f. & cert. ef. 11-5-04
WRD 15-1994, f. & cert. ef. 12-23-94
WRD 19-1988, f. & cert. ef. 11-4-88