1. (1) When an application for change of the use or place of use for a primary water right is submitted in accordance with OAR 690-380-3000, the applicant also shall indicate whether the land described in the application has an appurtenant supplemental water right or permit. If the applicant intends to transfer the supplemental water right or permit with the primary water right, the applicant shall include information on the supplemental right or permit as part of the transfer application for the primary water right as required under OAR 690-380-3000.
2. (2) If the applicant does not include the supplemental water right or permit in the transfer application, the Department shall notify the applicant in the initial review, as prescribed in OAR 690-380-4000, that the supplemental water right will be canceled before the Department issues the order approving the transfer of the primary water right, unless within the timeframe provided in OAR 690-380-4000(9) and (10), the applicant modifies the application to include the supplemental water right or permit or withdraws the application.
3. (3) Provided the applicant, other than an entity that meets the criteria described in OAR 690-380-3000(13)(b) or (c), responds to the initial review in a manner consistent with the requirements of OAR 690-380-4000, if the report of ownership information required in OAR 690-380-4000(6) and (7) identifies a landowner that is not the applicant, then the Department shall notify the identified landowner, provide the identified landowner a copy of the initial review, and allow the identified landowner 30 days to provide consent to the proposed transfer and method to address the supplemental right.
4. (4) The Department may approve the transfer of a supplemental water right or permit in accordance with ORS 540.520 and 540.530. The Department shall not approve the transfer of a supplemental water right or permit if the transfer would result in injury or enlargement, or if an identified landowner does not provide consent to the proposed transfer and method to address the supplemental right.
5. (5) If the Department determines it can approve the transfer of the primary water right but cannot approve the transfer of the supplemental water right or permit, the Department shall notify the applicant and the landowner, as identified under OAR 690-380-4000(6) and (7), of the Department’s intent to cancel that portion of the supplemental water right or permit described in the transfer application before the Department issues an order approving the transfer of the primary water right, unless the applicant withdraws the transfer application within 90 days.
6. (6) The order issued by the Department approving the transfer of a primary water right shall also cancel any appurtenant supplemental water right or permit not included in the transfer if the applicant does not modify or withdraw the application pursuant to section (2) of this rule or withdraw the application pursuant to section (4) of this rule.

Statutory/Other Authority

ORS 536.025 & ORS 536.027

Statutes/Other Implemented

ORS 540.510 - 540.530

History

WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0048
WRD 5-1996, f. & cert. ef. 7-11-96