A water right transfer is not required for a general industrial use that was not included in a water right certificate issued for a specific industrial use if:

1. (1) The quantity of water used for the general industrial use is not greater than the rate allowed in the original water right and not greater than the quantity of water diverted to satisfy the authorized specific use under the original water right;
2. (2) The location where the water is to be used for general industrial use was owned by the holder of the original water right at the time the water right permit was issued; and

3. (3) The person who makes the change in water use provides the following information to the Department:

   1. (a) The name, email address (if available), and mailing address of the person using water under the water right;
   2. (b) The water right certificate number;
   3. (c) A description of the location of the industrial facility owned by the holder of the original water right at the time the water right permit was issued;
   4. (d) Water use measurement data, system capacity information, or other data acceptable to the Department regarding the maximum instantaneous rate and annual volume of water diverted to satisfy the authorized specific use under the original water right, as well as the date(s) or time frame associated with the data or information provided; and
   5. (e) A description of the general industrial use to be made of the water after the change.
4. (4) The Department may request additional information necessary to validate the data or information provided under section (3)(d) of this rule or to establish that the water right is not subject to forfeiture under ORS 540.610.

Statutory/Other Authority

ORS 536.025 & ORS 536.027

Statutes/Other Implemented

ORS 540.510 - 540.532

History

WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 2-2003, f & cert. ef. 5-1-03