1. (1) On receipt of an application for transfer, the Department shall review the application to determine if the applicant has included the information required by OAR 690-380-3000, all fees have been paid, and if the water rights proposed for transfer are water uses subject to transfer as defined in ORS 540.505(4) and OAR 690-300-0010.
2. (2) If the Department determines that the application does not include the required information, or fees, or that the water rights proposed for transfer are not subject to transfer, the Department shall return the application and any fees to the applicant along with a written description of the deficiencies in the application.

3. (3) If the Department determines the application is complete, all fees have been paid, and the water rights proposed for transfer are uses subject to transfer, the Department shall file the application and undertake an initial review of the application that includes an assessment of whether:

   1. (a) The water right affected by the proposed transfer is a water use subject to transfer as defined in ORS 540.505(4) and OAR 690-300-0010(59) and, for a right described under 690-300-0010(59)(d), the proof of completion is approved under OAR 690-380-6040;
   2. (b) The portion of the water right to be transferred is cancelled pursuant to ORS 540.610;
   3. (c) The right is subject to forfeiture under ORS 540.610;
   4. (d) The water user is ready, willing and able to use the portion of the right to be transferred;
   5. (e) The proposed transfer would result in enlargement as defined in OAR 690-380-0100(2);
   6. (f) The proposed transfer would result in injury as defined in OAR 690-380-0100(3); and
   7. (g) Any other requirements set forth in applicable laws for water right transfers are met.

4. (4) For an initial review that indicates an application is not consistent with the approval criteria outlined in OAR 690-380-5000(1) and should be denied, the initial review shall:

   1. (a) Describe any inconsistencies with the approval criteria; and
   2. (b) Identify any conditions or restrictions that, if included in the transfer, would address the inconsistencies.

5. (5) Upon completion of the initial review, the Department shall provide by electronic means, or if requested by regular mail, a copy of the initial review to notify the applicant of its preliminary determinations, identify any outstanding information that is necessary to continue processing the application and allow the applicant 30 days from the date of notice to:

   1. (a) Notify the Department to stop processing the application; or

   2. (b) Notify the Department to continue processing the application and, except as provided in section (10) of this rule, provide any outstanding information to the Department including, but not limited to:

      1. (A) Amending the application to address any issues or deficiencies identified by the Department in the initial review; and
      2. (B) For permanent transfers under OAR 690-380-2000, submitting documentation to satisfy the requirements of sections (6), (7), and (8) of this rule, as applicable.

6. (6) Upon receipt of the initial review, an applicant other than an entity that meets the criteria described in OAR 690-380-3000(13)(b) or (c) shall submit the following information:

   1. (a) A report of ownership information as defined in OAR 690-380-0100(9) for the land to which the water right is appurtenant;
   2. (b) A copy of water right conveyance agreement(s) for the land to which the water right is appurtenant, if applicable; and

   3. (c) If the landowner identified in the report of ownership information is not the applicant, documentation to demonstrate that the applicant is authorized to pursue the transfer, which shall include:

      1. (A) A notarized statement by the landowner(s) identified in the report of ownership information consenting to the transfer;
      2. (B) If the interest in the water right has been conveyed, a notarized statement consenting to the transfer from the person or authorized representative(s) of the entity to whom the interest in the water right has been conveyed identified in a water right conveyance agreement; or
      3. (C) Other documentation demonstrating that the applicant is authorized to pursue the transfer.

7. (7) The report of ownership information required under subsection (6)(a) of this rule must:

   1. (a) Be prepared no earlier than three months prior to the date of the initial review showing current ownership; or
   2. (b) If the interest in the water right has been conveyed be prepared within three months of the date the water right conveyance agreement was recorded or show ownership for the appurtenant land at the time the water right conveyance agreement was recorded.

8. (8) Upon receipt of an initial review indicating that an application should be denied due to a finding of injury resulting from a proposed change in point of diversion or appropriation, if the applicant intends to request consent to the injurious transfer pursuant to OAR 690-380-5030 as applicable, then the applicant shall submit the following:

   1. (a) For a finding of injury to any water right other than an instream water right as identified in OAR 690-380-5030(1), a written statement in accordance with OAR 690-380-5030(1) notifying the Department that the applicant intends to request consent to the injury of the water right(s) and indicating the applicant understands that, upon receipt of the complete listing of injured water rights and contact information from the Department, the applicant must provide the information required under OAR 690-380-5030(1) and OAR 690-380-5040; or
   2. (b) For a finding of injury to any instream water right granted pursuant to a request under ORS 537.336 or created pursuant to ORS 537.346(1) and held in trust by the Department, a written statement in accordance with OAR 690-380-5050(1) notifying the Department that the applicant intends to request consent to injury to an instream water right pursuant to OAR 690-380-5030(2) and OAR 690-380-5050.

9. (9) Except as provided in section (10) of this rule, the Department shall permanently close the file for the application and take no further action on the application if, within 30 days from the date of the notice described in section (5) of this rule, the applicant:

   1. (a) does not notify the Department as provided in subsections (5)(a) and (b) of this rule;
   2. (b) does not provide all outstanding information as provided in subsection (5)(b) of this rule; or
   3. (c) notifies the Department to stop processing the application.
10. (10) If requested within the 30-day time period specified in section (5) of this rule, the Department may allow an applicant up to 60 additional days, not to exceed a total of 90 days from the date the Department provided notice of the initial review to the applicant pursuant to section (5) of this rule, to provide the outstanding information described in subsection (5)(b) of this rule if the applicant requests additional time and the Department determines that the applicant is undertaking reasonable efforts to provide the information in a timely manner to the Department.
11. (11) The initial review shall constitute the notification of the Department's intent to cancel a supplemental right required under OAR 690-380-2250.
12. (12) If the applicant amends the application or provides additional information in support of approval of the application, the Department may either revise the initial review and give notice of the revised initial review in the manner set forth under OAR 690-380-4005 or incorporate the amendments into the proposed final order.

Statutory/Other Authority

ORS 536.025 & ORS 536.027

Statutes/Other Implemented

ORS 540.510 - 540.532 & Or Laws 2025, ch 282

History

WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2012, f. 1-31-12, cert. ef. 2-1-12
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 8-2004, f. & cert. ef. 11-5-04
WRD 2-2003, f & cert. ef. 5-1-03