Pursuant to ORS 540.580, the Department may approve a district permanent transfer application to permanently change the place of use provided:

1. (1) The proposed transfer involves the use of water on lands located within the boundaries of the district;
2. (2) The use authorized under the water use subject to transfer does not change;
3. (3) The use of water under the water use subject to transfer will not result in enlargement of the right;
4. (4) The change in place of use will not result in injury to any other existing water right; and

5. (5) The district submits the permanent district transfer application to the Department:

   1. (a) Before the change is allowed by the district, or
   2. (b) Prior to the end of the calendar year in which the change occurred if notification of a change was submitted in accordance with OAR 690-385-4100.

Statutory/Other Authority

ORS 536.025 & 536.027

Statutes/Other Implemented

ORS 540.580

History

WRD 9-2004, f. & cert. ef. 11-16-04