- (1) The Department shall promote and facilitate potential instream transfers and leases under ORS 537.348 to provide benefits for public uses.
- (2) The Department encourages districts and other water purveyors to prepare single lease applications that pool individual existing water rights for lease during the same term.
- (3) Department personnel shall review instream transfer or lease applications pursuant to OAR 690-077-0070 through OAR 690-077-0079, OAR 690-077-0105, and OAR 690-077-0110 to assure that they comply with these rules and, if needed, to develop conditions to prevent enlargement of the existing water right or injury to other existing water rights.
- (4) Completed lease applications submitted pursuant to OAR 690-077-0076 and OAR 690-077-0105, including signatures of lessor(s) and lessee (if applicable), and all necessary attachments or exhibits, must be received by the Department's Salem office prior to July 1, or for year-round uses, must be received prior to October 1. Completed lease applications received after this date shall be returned or, at the request of the applicant, be processed to be effective for the next calendar year. At the discretion of the Director, an application may be received and processed after this date during the current year.
- (5) The Department may compile descriptive information to assist all parties in addressing technical issues related to instream transfers and leases, including but not limited to describing injury and enlargement issues, setting the location of a proposed instream water right and making agreements for measuring and monitoring the instream water right. The descriptive information shall not restrict new leases, but shall offer options that have been used in earlier leases to ensure compliance with OAR chapter 690, division 77.
- (6) The Department may prepare lease application forms that include the requirements listed in OAR 690-077-0076, OAR 690-077-0105, and any additional information the Department deems necessary to comply with the policies of OAR chapter 690, division 77 and to reflect the nature of the existing water rights proposed for instream lease.
Statutory/Other Authority
ORS 536.027 & ORS 537.332 - 537.360
Statutes/Other Implemented
ORS 537.332 - 537.360
History
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01, Renumbered from 690-077-0078
WRD 1-1995, f. & cert. ef. 2-14-95