Or. Admin. R. 690-028-0028

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

Section 690-028-0028 - Fees and Late Registration or Claims

(1) Minimum fees required by ORS 539.081 shall be paid at the time a registration or claim is submitted. Persons filing after December 31, 1992, shall pay one and one-half times the fees re-quired for a timely filing.

(2) A person filing for practicably irrigable acreage or for other federal reserved rights may request additional time to provide support materials. The request for additional time shall state when interim data will be available and when the final claim is to be made. The Director may approve a time extension based on the progress of the general stream adjudication in question. The final claim shall detail the exact acreages or quantities of water for which the claim is being made. All fees shall be paid at the time the exact quantity of water is requested. Persons are encouraged to file early on practicably irrigable acreage and instream water rights so the Department can aid in determining how to obtain additional supporting documentation.

(3) Fees for instream water rights shall be based on the month of the year having the highest quantity of water requested for the stream reach.

(4) Fees shall not apply to any federally recognized Indian tribe, or to the United States acting as trustee for such a tribe, claiming an undetermined vested right to the use of surface water for any nonconsumptive and nondiverted instream use to satisfy tribal hunting, fishing, or gathering rights.

(5) After December 31, 1992, a petition filed for late registration shall include a sworn statement detailing the good cause for failing to file the registration on time. The petition shall include a brief summary of the claim to be filed. The Director shall decide each case on its own merits.

(6) For purposes of ORS 539.240(4), good cause for not filing a registration statement by December 31, 1992, includes, but is not limited to that:

(a) Recent acquisition of lands made filing by the deadline impracticable; or

(b) Other circumstances made filing on time impossible.

(7) To rebut the presumption that a person has abandoned a claim because of a late filing a person must:

(a) Show there has been a continuous use of water from before February 24, 1909;

(b) State the registration is for a future use of a federal reserved right; or

(c) Claim an exemption based on economic hardship as allowed under OAR 690-017-0800.

Or. Admin. R. 690-028-0028

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