Or. Admin. Code § 690-018-0062

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

Section 690-018-0062 - Completion of Conservation Project

(1) If the order approving the application for allocation of conserved water allows a time period for finalizing the allocations water prior to certification, upon notice from the applicant that the project has been completed, the Director shall issue an order:

(a) Canceling the water right held by the applicants that are modified by the allocation of conserved water;

(b) Allowing the continued use of water for the purposes and at the locations described in the original water right certificates at the rate and duty prescribed under OAR 690-018-0050(4)(e); and

(c) Allowing the use and management of the conserved water as a dedication of the water instream.

(2) Consistent with the order approving the allocation of conserved water and at the request of the applicants within the period allowed under the order under OAR 690-018-0050(4)(i), the Director may increase the amount of water to be used pursuant to subsection (1)(b) of this rule and decrease by a like amount the conserved water to be allocated pursuant to 690-018-0050(4)(d) if the Director finds that the changes are necessary because the conservation project has not performed as expected and that the applicants' use of additional water would not be wasteful. A request for additional water submitted under this section shall include sufficient information to demonstrate that:

(a) The project is less effective than was expected when the order approving the allocation of conserved water was issued;

(b) The lack of performance is not caused by the applicants' failure to maintain the project; and

(c) The amount of water remaining for use under the original water rights is insufficient to satisfy the beneficial uses.

(3) Prior to the expiration of the time allowed under OAR 690-018-0050(4)(i), the applicant may request that an allocation of conserved water be finalized. The request shall include:

(a) If all or part of the applicants' portion of the conserved water is to be used for an out-of-stream use at an identified location, the following information:

(A) The name and address of the person using the water;

(B) A description of the type of beneficial use of the water;

(C) A legal description of the place of use; and

(D) A map that meets the standards in OAR 690-310-0050; and

(b) If all or part of the applicants' portion of the conserved water is to be leased, dedicated or temporarily reserved instream, a statement identifying the quantity of water to be managed as an instream water right.

(4) Upon receipt of a request that an allocation of conserved water be finalized or upon the expiration of the time allowed under OAR 690-018-0050(4)(i), the Director shall issue:

(a) A superseding certificate as provided for in the order approving the allocation of conserved water;

(b) A certificate for an instream water right for the state's portion of the conserved water if required under OAR 690-018-0050(4)(g); and

(c) An order allowing:

(A) The use of any portion of the conserved water allocated to the applicants, at the location and for the type of use identified pursuant to subsection (3)(a) of this rule;

(B) The use and management as an instream water right of any conserved water that is being leased, dedicated or temporarily reserved instream.

Or. Admin. Code § 690-018-0062

WRD 15-1994, f. & cert. ef. 12-23-94; WRD 7-2004, f. & cert. ef. 11-5-04

Stat. Auth.: ORS 536.025, 536.027 & 537.480

Stats. Implemented: ORS 537.455-537.500