1. (1) A call for distribution of surface water is futile when a junior appropriator has been denied the use of water and, in the judgement of the watermaster, an inadequate amount of water, or no water, reaches the senior appropriator or minimum flow point or reach or instream water right. Factors for consideration by the watermaster in making such a judgement may include, but are not limited to, the following:

   1. (a) Soil moisture conditions;
   2. (b) Temperature;
   3. (c) Evaporation rate;
   4. (d) Moisture condition of the stream channel;
   5. (e) Conveyance characteristics of the stream channel; or
   6. (f) Previous records that show the conveyance characteristics of the stream.
2. (2) Upon the judgement that water will not reach its destination, or that an inadequate amount of water will reach its destination, the watermaster may disregard the call of the senior downstream appropriator.

Statutory/Other Authority

ORS 540

Statutes/Other Implemented

ORS 540

History

WRD 24-1988, f. & cert. ef. 12-14-88