Or. Admin. R. 690-028-0026

Current through Register Vol. 63, No. 8, August 1, 2024

Section 690-028-0026 - Filings for Practicably Irrigable Acreage

(1) Any Indian or Indian tribe claiming a right for practicably irrigable acreage shall, in addition to OAR 690-028-0025, establish that the land for which the right is claimed is arable. The claimant must show that it is technically and economically possible to develop an irrigation system to serve the land. Factors that shall be considered include but are not limited to:

(a) Source and availability of water;

(b) Soils type and classification;

(c) Slope of the land;

(d) Elevation above sea level;

(e) Growing season (degree days);

(f) Natural precipitation;

(g) Crop types that could be grown;

(h) Description of the proposed irrigation system; and

(i) Estimated costs of developing the irrigation system.

(2) A claimant for practicably irrigable acreage shall identify and map all acres that are or are proposed to be irrigated. The claimant shall show existing points of diversion or storage reservoirs, as appropriate.

(3) A claimant shall document through a chain of title statement that the lands have never had more than five consecutive years of non-Indian ownership since the date of the reservation.

Or. Admin. R. 690-028-0026

WRD 10-1990, f. & cert. ef. 7-20-90