Oregon Revised Statutes Chapter 540 § 540.520 — Application for change of use, place of use or point of diversion; public

Application for change of use, place of use or point of diversion; public notice; protest; proposed final order; hearing; exemptions. (1)(a) Except when the application is made under ORS 541.327 or when an application for a temporary transfer is made under ORS 540.523, if the holder of a water use subject to transfer for irrigation, domestic use, manufacturing purposes, or other use, for any reason desires to change the place of use, the point of diversion, or the use made of the water, an application to make such change, as the case may be, shall be filed with the Water Resources Department. (b) A holder of a water right certificate that authorizes the storage of water may change the type of use identified in the water right certificate, as described in this section. (2) The application required under subsection (1) of this section shall include: (a) The name of the owner; (b) The previous use of the water; (c) A description of the premises upon which the water is used; (d) A description of the premises upon which it is proposed to use the water; (e) The use that is proposed to be made of the water; (f) The reasons for making the proposed change; and (g) Evidence that the water has been used over the past five years according to the terms and conditions of the owner’s water right certificate or that the water right is not subject to forfeiture under ORS 540.610. (3) If the application required under subsection (1) of this section is necessary to allow a change in a water right pursuant to ORS 537.348, is necessary to complete a project funded under ORS 541.932, or is approved by the State Department of Fish and Wildlife as a change that will result in a net benefit to fish and wildlife habitat, the Water Resources Department, at the discretion of the Water Resources Director, may waive or assist the applicant in satisfying the requirements of subsection (2)(c) and (d) of this section. The assistance provided by the department may include, but need not be limited to, development of an application map. (4) If the application is to change the point of diversion, the transfer shall include a condition that the holder of the water right provide a proper fish screen at the new point of diversion, if requested by the State Department of Fish and Wildlife. (5) The Water Resources Department shall undertake an initial review of an application under subsection (1) of this section. (6)(a) Upon completion of the initial review, the department shall notify the applicant of its preliminary determinations, identify any outstanding information that is necessary to continue processing the application and allow the applicant 30 days from the date of notice to: (A) Notify the department to stop processing the application; or (B) Notify the department to continue processing the application and provide any outstanding information to the department. (b) If, within 30 days from the date of the notice, the applicant does not notify the department as provided in paragraph (a) of this subsection, does not provide all outstanding information as provided in paragraph (a)(B) of this subsection or notifies the department to stop processing the application, the department shall close the file for the application and take no further action on the application. The department may allow an applicant up to 60 additional days to provide outstanding information if the applicant requests additional time and the department determines that the applicant is undertaking reasonable efforts to provide the information in a timely manner to the department. (c) If, within 30 days from the date of the notice or an additional time period allowed under paragraph (b) of this subsection, the applicant notifies the department to proceed with the application and provides any outstanding information necessary to continue processing the application, the department shall: (A) Proceed with processing the application. (B) Give notice of the initial review in the weekly public notice of the department and accept written public comments for 30 days. (7) Upon issuance of a proposed final order, the department shall give notice of the order in the weekly public notice of the department. If the department determines that more than five water rights would be injured as a result of the change proposed in an application under subsection (1) of this section, the department shall publish notice once each week for two consecutive weeks in a newspaper of general circulation in the area in which the water rights are located. The cost of the publication shall be paid by the applicant in advance to the department. (8) Within 30 days after the publication in the department’s weekly public notice any person may file a protest against the proposed final order. (9) The provisions of ORS 536.076 and 536.077, and rules adopted thereunder, apply to a contested case proceeding on a proposed final order issued under this