A district permanent transfer application submitted under ORS 540.572 and OAR 690-385-5000 shall be approved if the Department determines that:

1. (1) The water right proposed for transfer is subject to transfer as defined in ORS 540.505(4) and OAR 690-385-0100(17) and, for a right described under 690-385-0100(17)(d), that proof of completion has been approved under 690-385-7400;
2. (2) The proposed transfer would not result in enlargement as defined in OAR 690-385-0100(4);
3. (3) The proposed transfer would not result in injury as defined in OAR 690-385-0100(6);
4. (4) Any other applicable requirements for district permanent transfers of water right for nonuse are met;

5. (5) The district submitted the application no later than the end of the calendar year of the fifth year of nonuse under ORS 540.610(1); and

   1. (a) The district received no written objections to the proposed transfer within the 30-day time period following the mailing of notice under OAR 690-385-5100; or

   2. (b) The district board of directors submitted the permanent district transfer application after having:

      1. (A) Received written objections to the proposed transfer within the 30-day time period following the mailing of notice under OAR 690-385-5100;
      2. (B) Failed to resolve the objections; and
      3. (C) Held a hearing to review and consider the objections.

Statutory/Other Authority

ORS 536.025 & 536.027

Statutes/Other Implemented

ORS 540.572 - 540.580

History

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