The definitions in this rule, along with the definitions in OAR 690-008-0001 and 690-300-0010, apply to the rules in OAR chapter 690, division 382. Where a term is defined in more than one rule, the definition in this rule applies.

1. (1) "Certificate of registration" or "registration" means a certificate of registration of the right to appropriate groundwater under ORS 537.585 and 537.595 as documented under ORS 537.605. A certificate of registration is also known as a groundwater registration.

2. (2) "Enlargement" means an expansion of a certificate of registration and includes, but is not limited to:

   1. (a) Using a greater rate or duty of water per acre than currently allowed under a certificate of registration;
   2. (b) Increasing the acreage irrigated under a certificate of registration;
   3. (c) Failing to keep the original place of use from receiving water from the same source; or
   4. (d) Diverting more water at the new point of appropriation than is legally available to that certificate of registration at the original point of appropriation.
3. (3) "Injury" or "Injury to an existing water right" means a proposed certificate of registration modification would result in another, existing water right not receiving previously available water to which it is legally entitled.
4. (4) "Layered" means a situation in which there are multiple water uses subject to transfer, permits, or certificates of registration that are appurtenant to the same place of use and that have been issued for the purpose of irrigation.
5. (5) "Point of appropriation" means a well or the pump location on a sump at which groundwater is withdrawn from the ground for use under a groundwater right or certificate of registration.
6. (6) "Report of ownership information" means a document prepared by a title company that includes ownership and a legal description of the lands to which the certificate of registration is appurtenant.
7. (7) "Water right conveyance agreement" means a purchase and sale agreement, deed, or other document that has been recorded in the deed records by the relevant county describing land to which a water right is appurtenant and demonstrating that the interest in that land and the interest in the appurtenant water right have been separately conveyed.

Statutory/Other Authority

ORS 536.025, ORS 536.027 & ORS 537.610

Statutes/Other Implemented

ORS 537.610, ORS 537.610 & ORS 540.505-540.532

History

WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2009, f. & cert. ef. 6-18-09
WRD 5-2006, f. & cert. ef. 10-6-06