Or. Admin. Code § 690-385-0100

Current through Register Vol. 64, No. 1, January 1, 2025

Section 690-385-0100 - Definitions

The definitions in this rule, along with the definitions in OAR 690-08-0001 (Statutory Ground Water Terms), 690-300-0010 (Definitions), and 690-380-0100 (Water Right Transfers), apply to the rules in OAR chapter 690, division 385. Where a term is defined in more than one rule, the definition in OAR 690-385-0100 applies.

(1) "Application" means a petition by a district to transfer water rights within district boundaries as used in ORS 540.570 through 540.580.

(2) "District" means an irrigation district formed under ORS chapter 545, a drainage district formed under ORS chapter 547, a water improvement district formed under ORS chapter 552, a water control district formed under ORS chapter 553, or a corporation formed under ORS chapter 554.

(3) "District boundaries" means the extent and fixed limit of district jurisdictional authority under state law described by metes and bounds, public land survey, or assessor's map and tax lot numbers.

(4) "Enlargement" means an expansion of a water right and includes, but is not limited to:

(a) Using a greater rate or duty of water per acre than currently allowed under a right;

(b) Increasing the acreage irrigated under a right;

(c) Failing to keep the original place of use from receiving water from the same source; or

(d) Diverting more water at the new point of diversion or appropriation than is legally available to that right at the original point of diversion or appropriation.

(5) "Full-Time Manager", as used in ORS 540.572 and OAR 690-385-5000, means a person under contract to, or employed by a district to provide general supervision of the business and the employees of the district. The manager must be employed no less than 1,600 hours per calendar year.

(6) "Injury" or "Injury to an existing water right" means a proposed transfer would result in another, existing water right not receiving previously available water to which it is legally entitled.

(7) "Manager" means a person under contract to, or employed by a district to provide general supervision of the business and the employees of the district.

(8) "No Longer Irrigated or Susceptible of Irrigation" means:

(a) Land on which water for irrigation has not been applied for a period of five successive irrigation seasons; or

(b) Land that does not have reasonable access to the system of irrigation works of the district, or that cannot be irrigated or that is not susceptible to or would not, by reason of being permanently devoted to uses other than agricultural, horticultural, viticultural or grazing uses, be directly benefited by actual irrigation from the district.

(9) "Notice of Permanent District Transfer" means notification of a change in place of use allowed by a district prior to submitting a transfer application to make the change permanent.

(10) "Point of appropriation" means a well or the pump location on a sump at which groundwater is withdrawn from the ground for use under a groundwater right.

(11) "Point of diversion" means the place at which surface water is diverted from a surface water source as specified in the water right.

(12) "Primary water right" means the water right designated by the Commission as the principal water supply for the authorized use, or if no designation has been made, the water right designated by the applicant as the principal water supply for the authorized use.

(13) "Protest" means a written statement expressing disagreement with approval of a transfer application and includes the fee prescribed in ORS 536.050.

(14) "ODFW" means the Oregon Department of Fish and Wildlife.

(15) "Supplemental water right or permit" means an additional water right to make up a deficiency in supply from an existing water right. A supplemental water right or permit is used in conjunction with a primary water right.

(16) "User" means an owner of land who is subject to the charges or assessments of a district and from whose land the appurtenant water right would be transferred, or an owner of land within the district boundaries to which a water right would be transferred.

(17) "Water use subject to transfer" means a water use established by:

(a) An adjudication under ORS Chapter 539 as evidenced by court decree;

(b) A water right certificate;

(c) A water use permit for which a request for issuance of a water right certificate under ORS 537.250 has been received and approved by the Commission under ORS 537.250; or

(d) A transfer application for which an order approving the change has been issued under ORS 540.530 and for which proper proof of completion of the change has been filed with the Commission.

(18) "DSL" means the Department of State Lands

(19) "Emergency" means a sudden, unforeseen event resulting in damage to an authorized point of diversion structure or primary conveyance canal that prevents a district from diverting the water to which it is legally entitled, and necessitates immediate action to minimize loss of property by water users within the district.

Or. Admin. Code § 690-385-0100

WRD 1-1993, f. & cert. ef. 2-3-93; WRD 5-1996, f. & cert. ef. 7-11-96; Renumbered from 690-021-0010, WRD 9-2004, f. & cert. ef. 11-16-04; WRD 2-2007, f. & cert. ef. 1-5-07

Stat. Auth.: ORS 536.025 & 536.027

Stats. Implemented: ORS 540.570, 540.572 - 540.578 & 540.580