Or. Admin. Code § 141-122-0105

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-122-0105 - Easements For Structures and Facilities Necessary for the Use of Water

(1) An easement is required for all structures and facilities placed on Trust Land managed by the Department that are necessary for the use of water.

(2) An application received by the Department for an easement for a structure or facility necessary for the use of water will be processed pursuant to the provisions of OAR 141-122-0050 and 141-122-0060 (as applicable) of these rules.

(3) The Department will allow a person to include up to three water pipelines and associated fixtures per lot of record on their application for an easement.

(4) An easement issued by the Department under this section will have the same term as that of the associated right to use the water as determined by the Oregon Water Resources Department. Land Board approval will not be required for an easement granted under this section.

(5) The Department may enter into an agreement with the Oregon Water Resources Department to consolidate the processing of easements for structures or facilities necessary for the use of water with the processing of a right to use water.

Or. Admin. Code § 141-122-0105

DSL 7-2002, f. 12-23-02, cert. ef. 1-1-03; DSL 4-2008, f. & cert. ef. 10-15-08; DSL 1-2019, amend filed 01/08/2019, effective 1/8/2019

Statutory/Other Authority: ORS 273.045

Statutes/Other Implemented: ORS 273.761, 274.040, 274.720, 376.620, 530.050, 530.490 & 758.010