690-380-0010
Purpose

(1) The rules in OAR chapter 690, division 380 establish requirements and procedures that shall be used by the Department to evaluate an application to change a water use subject to transfer. The rules describe the requirements for permanently changing the character of use, place of use, point of diversion or point of appropriation of a water use subject to transfer and for temporarily changing the place of use of a water use subject to transfer. These rules also establish requirements for changes to a water use permit pursuant to ORS 537.211(4).

(2) A water user may make the following changes without filing a transfer application pursuant to ORS 540.520 and OAR 690-380-3000:

(a) The allocation of conserved water, however, an application for allocation of conserved water is required pursuant to ORS 537.455 to 537.500 and OAR chapter 690, division 18 and notice of a change in place of use of conserved water is required pursuant to 537.490;

(b) Use water at an additional or different place of use under a water use subject to transfer issued to a municipality, rights conferred by ORS 538.410 to 538.450, or under the registration system set forth in 537.132 provided the water use complies with the requirements under 540.510(3)(a)(A) to (C) and 540.510(3)(b);

(c) Use water at a different place of use under a permit or certificate issued to a district pursuant to ORS 540.570 to 540.580 and OAR Chapter 690, division 385, however, a petition for the change must be submitted to the Department by the district;

(d) A change in point of diversion pursuant to ORS 540.510(5) and the diversion is provided with a proper fish screen, if requested by ODFW;

(e) A change in point of diversion in response to government action pursuant to ORS 540.510(6) provided that the owner notifies the Department before changing the point of diversion;

(f) A change in point of diversion or appropriation or a change in place of use under a water use permit through a permit amendment for which an application has been filed and approved by the Department pursuant to ORS 537.211(4) to (9) and OAR 690-380-7000 through OAR 690-380-7300;

(g) Water right changes made for lands not described in a permit when the Department issues a certificate pursuant to ORS 537.252;

(h) An exchange of water that meets the criteria in ORS 540.533 and 540.537 if the exchange is approved pursuant to OAR 690-380-2260;

(i) A change in character of use from a specific industrial use to general industrial use provided notice is provided to the Department of the change and the change is consistent with the criteria in OAR 690-380-2340; and

(j) Any change of use if the beneficial use authorized by the water use subject to transfer is irrigation and the owner of the water right uses the water for incidental agricultural, stock watering and other uses related to irrigation use, so long as there is no increase in the rate, duty, total acreage benefited or season of use.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 – 540.532
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 8-2004, f. & cert. ef. 11-5-04
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0001
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 10-1988, f. & cert. ef. 8-10-88
WRD 7-1987, f. & ef. 6-11-87

690-380-0090
Applicability

The rules in this division apply to applications submitted on or after April 1, 2026, except as specified in OAR chapter 690, division 2. Applications submitted before this date shall be subject to rules in effect at the time of submittal, except as specified in OAR chapter 690, division 2.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2009, f. & cert. ef. 6-18-09
WRD 8-2004, f. & cert. ef. 11-5-04
WRD 2-2003, f & cert. ef. 5-1-03

690-380-0100
Definitions

The definitions in this rule, along with the definitions in OAR 690-008-0001 and 690-300-0010, apply to the rules in OAR chapter 690, division 380. Where a term is defined in more than one rule, the definition in this rule applies.

(1) “District” means an irrigation district formed under ORS Chapter 545, a drainage district formed under Chapter 547, a water improvement district formed under Chapter 552, a water control district formed under Chapter 553 or a corporation organized under Chapter 554.

(2) “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.

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

(4) “Layered” means a situation in which there are multiple water uses subject to transfer, permits, or certificates of registration that are appurtenant to the same place of use and that have been issued for the purpose of irrigation.

(5) “ODFW” means the Oregon Department of Fish and Wildlife.

(6) “Point of appropriation” means a well or the pump location on a sump at which ground water is withdrawn from the ground for use under a ground water right.

(7) “Point of diversion” means the place at which surface water is diverted from a surface water source as specified in the water right. It may be the head of a ditch, a pump suction line, the center line of a dam, or other point at which control is taken of surface water.

(8) “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.

(9) “Report of ownership information” means a document prepared by a title company that includes ownership and a legal description of the lands to which the water right is appurtenant.

(10) “Supplemental water right or permit” means an additional appropriation of water 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.

(11) “Water right conveyance agreement” means a purchase and sale agreement, deed, or other document that has been recorded in the deed records by the relevant county describing land to which a water right is appurtenant and demonstrating that the interest in that land and the interest in the appurtenant water right have been separately conveyed.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532, ORS 536.076, ORS 536.077 & ORS 540.520
History:
WRD 77-2026, minor correction filed 08/12/2026, effective 08/12/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2009, f. & cert. ef. 6-18-09
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 8-2004, f. & cert. ef. 11-5-04
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0005
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 10-1988, f. & cert. ef. 8-10-88
WRD 7-1987, f. & ef. 6-11-87

690-380-2000
Types of Permanent Transfers

Permanent water right transfers include:

(1) A change in the point of diversion or appropriation pursuant to OAR 690-380-2110, 690-380-2120 and 690-380-2130;

(2) A change in the place of use pursuant to OAR 690-380-2200, 690-380-2250, and 690-380-2260;

(3) A change in the character of use pursuant to OAR 690-380-2300; 690-380-2320, 690-380-2330, and 690-380-2340; and

(4) A change involving municipal water rights pursuant to OAR 690-380-2410, 690-380-2420, and 690-380-2430.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532
History:
WRD 2-2003, f & cert. ef. 5-1-03

690-380-2110
Change in Point of Diversion or Point of Appropriation

(1) No change in point of diversion or appropriation may be made except as described under OAR 690-380-0010 or as approved or recognized by the Department through a water right transfer, permit amendment under ORS 537.211 and OAR 690-380-7000 to OAR 690-380-7300, certificate of registration modification under OAR chapter 690, division 382, or allocation of conserved water under OAR chapter 690, division 18.

(2) Except as provided in ORS 540.531 and OAR 690-380-2130, a change in point of diversion is restricted to the same source of surface water. A change in point of appropriation under a water right or certificate of registration modification is restricted to the same aquifer, as defined in OAR 690-200-0050(9).

(3) The Department may:

(a) condition the transfer to prevent injury or enlargement resulting from the change.; and

(b) deny a change in the point of appropriation pursuant to ORS 540.586.

(4) As provided in ORS 450.695(2), a water authority may change the points of diversion or appropriation or move the water intake sources of the water use permits or certificates conveyed to it by the districts and municipalities that formed the water authority. For the purposes of this subsection, moving a water intake source is the same as changing the location of a point of diversion. Water authorities shall be subject to the following requirements:

(a) A request by a water authority to change the location of a point of diversion or appropriation from that authorized by a water right certificate shall be made pursuant to ORS chapter 540 and OAR chapter 690, division 380 transfer rules;

(b) A request by a water authority to change the location of a point of diversion or appropriation authorized by 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, shall be subject to the same statutory and administrative review criteria prescribed by ORS chapter 540 and OAR chapter 690, division 380 transfer rules for water uses subject to transfer; and

(c) A request by a water authority for changes in the location of the point of diversion or appropriation for water right permits other than those covered under subsection (3)(b) of this rule, shall be made pursuant to ORS 537.211 and OAR 690-380-7000 to OAR 690-380-7300.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 450.695, ORS 540.510 - 540.532, ORS 537.250 & ORS 540.586
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 8-2004, f. & cert. ef. 11-5-04
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0010
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 19-1990, f. & cert. ef. 12-14-90
WRD 16-1990, f. & cert. ef. 8-23-90, Renumbered from 690-015-0015
WRD 7-1987, f. & ef. 6-11-87

690-380-2120
Change in Point of Diversion to Reflect Historical Use

(1) As provided in ORS 540.532, any individual who holds a water right certificate or decreed right may request a change in point of diversion to reflect the historical use of water at a point of diversion other than that described in the water right certificate or decree. The individual shall use the Department’s water right transfer application form, titled “Historic Change in Point of Diversion,” and, except as otherwise provided in section (2) of this rule, include the information required in OAR 690-380-3000. The provisions under OAR 690-380-2120 shall not be used to change the location of an on-channel dam for a water right certificate that authorizes the storage of water.

(2) An individual requesting a change in the point of diversion under section (1) of this rule shall provide to the Department the following additional information:

(a) Evidence that the actual, current point of diversion for the water right in question has been in use for more than 10 years;

(b) A map meeting the requirements of OAR 690-380-3100, except that it need not be prepared by a certified water rights examiner. The map shall be of sufficient detail and clarity to identify the true point of diversion including but not limited to:

(A) The county tax lot number, township, range and section, and to the nearest quarter-quarter section or latitude and longitude as established by a global positioning system; and

(B) The locations of the point of diversion as specified in the water right certificate or decree and the actual, current point of diversion;

(c) Evidence that there has been no claim of injury, including to any instream water right granted pursuant to a request under ORS 537.336, pursuant to ORS 537.346, ORS 537.348 or ORS 537.470, or converted pursuant to ORS 543A.305, and held in trust by the Department, prior to the request for the change in point of diversion. The evidence shall include a statement from the local watermaster, based upon the watermaster’s knowledge and Department records, that no validated complaint of injury has been made due to the use of water at the actual, current point of diversion.

(3) On receipt of an application for a change in point of diversion under section (1) of this rule, the Department shall:

(a) Provide the applicant a list of the affected water rights with, except as specified in section (3)(a)(E) of this rule, the name and address of the current holder(s) of each affected water right identified. The list shall include, but is not limited to:

(A) Any water right with an intervening point of diversion;

(B) Any water right for use of stored water being delivered from an upstream reservoir to a downstream user;

(C) Any water right upstream from a significant inflow of water if the request moves the proposed point of diversion upstream, above the inflow, from the authorized point of diversion;

(D) Any water right downstream from a significant inflow of water if the request moves the proposed point of diversion downstream, below the inflow, from the authorized point of diversion;

(E) The list need not include any instream water right granted pursuant to a request under ORS 537.336, created pursuant to ORS 537.346, ORS 537.348 or ORS 537.470, or converted pursuant to ORS 543A.305, and held in trust by the Department, as the application to the Department shall be considered notification to the holder of these rights, and no further notice to the Department shall be required.

(b) Provide the applicant with a copy of a notice that they must send by certified mail with return receipt service requested to all affected water right holders, except the Department pursuant to (3)(a)(E), that:

(A) Describes the locations of the authorized and actual points of diversion; 

(B) States that the recipient on the notice may provide comments to the Department on whether the requested change in point of diversion will cause injury or enlargement, and that any timely comments received will be considered pursuant to the Department’s evaluation and determination made under section (5) of this rule; and

(C) Establishes a comment period of at least 30 days after the date of delivery of the notice by certified mail to each of the affected water right holders;

(c) Consult with ODFW in the manner provided under OAR 690-380-5060; and

(d) Provide notice of the application in the weekly notice published by the Department.

(4) Upon receipt from the Department of the list of affected water rights with the name and address of the current holder(s) of each affected water right identified and a copy of the notice, the individual requesting the change shall  send the notice by certified mail with return receipt service requested to all such holders. If an instream water right granted pursuant to a request under ORS 537.336, created pursuant to ORS 537.346, ORS 537.348 or ORS 537.470, or converted pursuant to ORS 543A.305, and held in trust by the Department would be affected, the application to the Department shall be considered notification to the holder of these rights, and no further notice to the Department shall be required. The individual shall, within 14 days of the certified date of delivery of the notice, provide to the Department the signed and dated certified mail return receipts as proof of service upon the affected water right holders. A transfer under section (1) of this rule shall not be approved by the Department before the Department receives the signed and dated certified mail return receipts as proof of service or before the comment date specified in the notice, whichever is later.

(5) If, after considering any timely comments received, the Department finds the individual requesting a change in point of diversion to reflect historical use satisfies the requirements under section (2) to (4) of this rule and that the change does not cause injury or enlargement, or can be conditioned to prevent injury or enlargement, the request shall be approved. The order approving the change in point of diversion:

(a) Shall establish a deadline for compliance with any conditions needed to prevent injury or enlargement and, where required, to provide fish screening;

(b) May, condition the transfer to prevent injury or enlargement resulting from the change; and

(c) Shall cancel the certificate, if a certificate had previously been issued.

(6) Concurrent with issuance of the approval order described in section (5) of this rule, the Director shall issue a new certificate confirming the change in point of diversion and preserving all other conditions of the water right.

(7) After the deadline for compliance with conditions of an approval established pursuant to section (5) of this rule, the use of water from the point of diversion shall be subject to continued compliance with the conditions.

(8) As used in this rule, “individual” means a natural person and does not include a government body, organization, business enterprise, or other such entity.

Statutory/Other Authority: ORS 536.025, ORS 536.027 & ORS 537
Statutes/Other Implemented: ORS 540.532, ORS 537.336, ORS 537.341 & ORS 537.346
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0240
WRD 5-1996, f. & cert. ef. 7-11-96

690-380-2130
Change from a Surface Water Point of Diversion to a Groundwater Appropriation

(1) As provided in ORS 540.531, an owner of a surface water use subject to transfer may apply for a transfer of the point of diversion to allow the appropriation of ground water, subject to the requirements for a transfer in point of diversion under this Division and the requirements under section (2) or (3) of this rule.

(2) The Department may allow the transfer of the point of diversion under section (1) of this rule if:

(a) The criteria in ORS 540.520, ORS 540.530, and OAR 690-380-5000 are met;

(b) The new point of diversion appropriates ground water from an aquifer that is hydraulically connected to the authorized surface source; and

(c) The proposed change in point of diversion will affect the surface water source similarly to the authorized point of diversion specified in the water use subject to transfer; and

(d) The withdrawal of groundwater at the new point of diversion is located within 500 feet of the surface water source and, when the surface water source is a stream, is also located within 1000 feet upstream or downstream of the original point of diversion as specified in the water use subject to transfer; or 

(e) If the distance requirements in subsection (2)(d) of this rule are not met, the holder of a water use subject to transfer shall submit to the Department evidence prepared by a licensed geologist that demonstrates that the use of the groundwater at the new point of diversion will meet the criteria set forth in subsections (2)(a) to (c) of this rule. 

(3) Notwithstanding section (2) of this rule, the Department shall allow a transfer of the point of diversion under section (1) of this rule in the Deschutes Basin ground water study area if: 

(a) The proposed transfer would not result in injury to an existing water right or enlargement of the water right proposed for transfer; 

(b) The criteria in ORS 540.520, ORS 540.530, and OAR 690-380-5000 are met; 

(c) The new point of diversion appropriates ground water from an aquifer that is hydraulically connected to the authorized surface water source; and

(d) The use of the new point of diversion will affect the surface water source hydraulically connected to the authorized point of diversion specified in the water use subject to transfer. The Department may not require that the use of the new point of diversion affect the surface water source similarly to the authorized point of diversion specified in the water use subject to transfer under this subsection.

(4) A transfer application requesting to change the point of diversion from a surface water diversion to a groundwater appropriation for which evidence prepared by a licensed geologist is required under subsection (2)(e) of this rule shall be evaluated by the Department in the following manner:

(a) The change in point of diversion request shall be examined to determine the potential for injury as if the change is to be from the authorized point of diversion to a point on the stream nearest the proposed well;

(b) If potential injury is not found, the evidence prepared by a licensed geologist and submitted by the applicant shall be evaluated to determine whether the application meets the other requirements of subsection (2)(a) to (c) of this rule. The geologist’s report shall examine the effect on the surface water source in the vicinity of the point on the stream nearest the proposed new point of diversion.

(5) The new point of diversion shall retain the original date of priority and all other applicable conditions and restrictions that existed at the original point of diversion shall apply at the new point of diversion authorized under the transfer.

(6) If within five years after approving a transfer under this rule, the Department finds that the transfer results in substantial or undue interference with an existing ground water right that would not have occurred in the absence of the transfer, the new point of diversion shall be subordinate to the existing right injured by the transfer. This section applies only to wells with rights existing at the time the transfer was approved.

(7) The original point of diversion of surface water shall not be retained as an additional or supplemental point of diversion for the portion of the water right transferred.

(8) Pursuant to ORS 540.531(6)(a), the Department shall, for a water use subject to transfer, approve a transfer application to return to the last authorized surface water point of diversion if the required transfer application is received within five years after the Department approves a transfer under this rule. It shall be presumed, for transfers under this subsection, that there is no injury, including injury to rights obtained or transferred after the approval of the first transfer. If the approved change is not made, the transfer holder or receiving landowner, as appropriate, shall  notify the Department of failure to complete the change and request to return to the last authorized surface water point of diversion prior to the transfer pursuant to OAR 690-380-6010.

(9) Pursuant to ORS 540.531(6)(b), the Department shall, for a water use subject to transfer, approve a transfer application to return to the last authorized surface water point of diversion after five years of the date the Department allows the transfer under section (3) of this rule if the Department receives the required application, and the return will not result in injury. If the approved change is not made, the transfer holder or receiving landowner, as appropriate, shall notify the Department of failure to complete the change and request to return to the last authorized surface water point of diversion prior to the transfer pursuant to OAR 690-380-6010.

(10) For transfers allowed under this rule, the Department shall require mitigation measures to prevent depletion from any surface water source not specified in the permit or certificated or decreed water right pursuant to ORS 540.531(7), except that the Department may not require mitigation measures if the transfer complies with section (3) of this rule.

(11) As used in this rule:

(a) “Existing ground water right” means a right that existed at the time a transfer was approved under sections (1) to (5) of this rule and does not include a right established after the transfer whether by permit or a change in point of appropriation regardless of priority date.

(b) “Similarly” means that the use of groundwater at the new point of diversion affects the surface water source specified in the permit or certificated or decreed water right and would result in stream depletion of at least 50 percent of the rate of appropriation within 10 days of continuous pumping.

(c) “Deschutes basin ground water study area” means the Deschutes River Basin drainage area indicated in OAR 690, division 505, Exhibit 1.

(12) The Department shall provide notice and review of transfer applications under section (3) of this rule pursuant to OAR 690-380-4000 through 690-380-4200.

(13) Opportunities to protest a transfer under section (3) of this rule shall be pursuant to OAR 690-380-4030.

(14) The Department shall issue final orders on transfer applications under section (3) of this rule pursuant to OAR 690-380-5000.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.520, ORS 540.530 & ORS 540.531
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 1-2004, f. & cert. ef. 3-17-04
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0210
WRD 5-1996, f. & cert. ef. 7-11-96

690-380-2200
Changes in Place of Use

(1) No change in the place of use may be made except as described under OAR 690-380-0010 or as approved by the Department through a water right transfer, permit amendment under ORS 537.211, certificate of registration modification under OAR chapter 690, division 382, instream lease or instream transfer under OAR chapter 690, division 77, allocation of conserved water under OAR chapter 690, division 18, or pursuant to OAR 690-380-2260.

(2) For water rights with an authorized place of use tied to specific acreage, including but not limited to irrigation, nursery operations, or cranberry operations, a change in place of use must involve a physical movement that alters the location of the water right from the existing authorized place of use to the proposed place of use such that, consistent with OAR 690-380-0100(2)(c), the lands from which the water right is removed do not continue to receive water from the same source.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532
History:
WRD 90-2026, minor correction filed 10/27/2026, effective 10/27/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f & cert. ef. 5-1-03

690-380-2240
Layered Water Rights and Certificates of Registration

(1) Except as provided in section (5) of this rule, a change in place of use or character of use of a water use subject to transfer, or a permit that is layered shall be approved or recognized only if concurrent changes to the other layered water uses subject to transfer, permits, and certificates of registration are approved or recognized.

(2) Pursuant to ORS 540.510(1), when reviewing an application for a transfer or permit amendment, the Department shall notify the applicant if other layered water uses subject to transfer, permits, or certificates of registration are identified for which applications for concurrent changes have not been filed. The Department’s notification shall identify the layering issue(s) that must be resolved and the options for resolution outlined in section (3) of this rule, and shall be sent to the applicant through either:

(a) Issuance of an initial review, if required; or

(b) Sending a letter by electronic means, or if requested by regular mail, for those transfers that do not require issuance of an initial review.

(3) The Department shall provide an applicant notified under section (2) of this rule a period of not less than 30 days to:

(a) Submit applications for concurrent changes in the other layered water uses subject to transfer, permits, and certificates of registration, or otherwise as allowed under section (5) of this rule;

(b) Submit affidavits of voluntary cancellation for the other layered water uses subject to transfer, permits, and certificates of registration; or

(c) Withdraw the application.

(4) If the Department determines that an application filed pursuant to (3)(a) of this rule to transfer a layered water use subject to transfer, amend a layered permit, or modify a layered certificate of registration identified under section (2) of this rule should be denied or not recognized, the Department shall notify the applicant of the Department’s intent to issue final orders denying or not recognizing the application and all associated applications unless, within 30 days after the date of Department notification, the applicant:

(a) Submits an affidavit of voluntary cancellation for the portion of the water use subject to transfer, permit, or certificate of registration that the Department has determined cannot be transferred, amended, or modified; or

(b) Withdraws the applications.

(5) A supplemental irrigation water right may be moved separately from the associated primary irrigation water right if another primary irrigation water right with similar reliability is appurtenant to the lands to which the supplemental right is to be moved.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 – 540.532 & ORS 536.045
History:
WRD 52-2026, minor correction filed 07/31/2026, effective 07/31/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06

690-380-2250
Transfer of Supplemental Water Right or Permit

(1) When an application for change of the use or place of use for a primary water right is submitted in accordance with OAR 690-380-3000, the applicant also shall indicate whether the land described in the application has an appurtenant supplemental water right or permit. If the applicant intends to transfer the supplemental water right or permit with the primary water right, the applicant shall include information on the supplemental right or permit as part of the transfer application for the primary water right as required under OAR 690-380-3000.

(2) If the applicant does not include the supplemental water right or permit in the transfer application, the Department shall notify the applicant in the initial review, as prescribed in OAR 690-380-4000, that the supplemental water right will be canceled before the Department issues the order approving the transfer of the primary water right, unless within the timeframe provided in OAR 690-380-4000(9) and (10), the applicant modifies the application to include the supplemental water right or permit or withdraws the application.

(3) Provided the applicant, other than an entity that meets the criteria described in OAR 690-380-3000(13)(b) or (c), responds to the initial review in a manner consistent with the requirements of OAR 690-380-4000, if the report of ownership information required in OAR 690-380-4000(6) and (7) identifies a landowner that is not the applicant, then the Department shall notify the identified landowner, provide the identified landowner a copy of the initial review, and allow the identified landowner 30 days to provide consent to the proposed transfer and method to address the supplemental right.

(4) The Department may approve the transfer of a supplemental water right or permit in accordance with ORS 540.520 and 540.530. The Department shall not approve the transfer of a supplemental water right or permit if the transfer would result in injury or enlargement, or if an identified landowner does not provide consent to the proposed transfer and method to address the supplemental right.

(5) If the Department determines it can approve the transfer of the primary water right but cannot approve the transfer of the supplemental water right or permit, the Department shall notify the applicant and the landowner, as identified under OAR 690-380-4000(6) and (7), of the Department’s intent to cancel that portion of the supplemental water right or permit described in the transfer application before the Department issues an order approving the transfer of the primary water right, unless the applicant withdraws the transfer application within 90 days.

(6) The order issued by the Department approving the transfer of a primary water right shall also cancel any appurtenant supplemental water right or permit not included in the transfer if the applicant does not modify or withdraw the application pursuant to section (2) of this rule or withdraw the application pursuant to section (4) of this rule.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.530
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0048
WRD 5-1996, f. & cert. ef. 7-11-96

690-380-2260
Exchanges of Water

(1) A person proposing to use stored, surface or ground water from another source in exchange for supplying replacement water in an equal amount pursuant to ORS 540.533 to 540.543 shall file an exchange application with the Department along with the fee required under ORS 536.050.

(2) After receipt of a complete exchange application, the Department shall give notice of the application by publication in the Department’s weekly public notice and accept written public comments for 30 days.

(3) Any person may submit comments by the date identified in the notice prescribed by section (2) of this rule.

(4) After the comment period prescribed in section (2) of this rule, the Director shall:

(a) Issue a proposed final order recommending approval or denial of the application in compliance with ORS 540.537 taking into account comments received under section (3) of this rule; and

(b) Notify the applicant and any person who submitted comments under section (3) of this rule of issuance of the proposed final order.

(5) Protests of, requests for party status, and contested case proceedings concerning proposed final orders are governed by ORS 536.076, ORS 536.077, and OAR 690-002. Proposed final orders shall become final if no protest is filed or by default as provided in OAR 690-002-0235.

(6) If no protest of a proposed final order is timely received, as a matter of law, the proposed final order shall become a final order on the date that is 33 days after the close of the time period for submitting a protest, with no further action required by the Department.

(7) Not more than 33 days after the close of the time period for submitting a protest, the Department may withdraw a proposed final order for reconsideration and issuance of a superseding proposed final order.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.533 - 540.543, ORS 536.045, ORS 536.076 & ORS 536.077
History:
WRD 75-2026, minor correction filed 08/12/2026, effective 08/12/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2012, f. 1-31-12, cert. ef. 2-1-12
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f & cert. ef. 5-1-03

690-380-2300
Changes in Character of Use

Water may only be used for the authorized purposes in the water right except as provided under ORS 540.510(3) and (8) and 540.520(8) and (9) or as approved by the Department through a water right transfer, certificate of registration modification under OAR chapter 690, division 382, instream lease or instream transfer under OAR chapter 690, division 77, allocation of conserved water under OAR chapter 690, division 18, or pursuant to OAR 690-380-2340.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f & cert. ef. 5-1-03

690-380-2320
Transfer from Supplemental Use to Primary Use

A transfer application for a change in use from supplemental use to primary use may be submitted. A transfer will be allowed only to the extent the applicant can establish the quantity of water historically used under the supplemental water right. A right cannot be enlarged through this process. The primary water right shall be canceled before or at the same time as the issuance of the transfer order changing the supplemental use to primary.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.510 - 540.530
History:
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0030
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 7-1987, f. & ef. 6-11-87

690-380-2330
Substitution of Supplemental Groundwater Right for Primary Surface Water Right

(1) As provided in ORS 540.524, the holder of both a primary surface water right certificate and a supplemental ground water right certificate or permit may substitute the use of the supplemental water right for the primary water right. This rule does not authorize a change in place of use, character of use, point of diversion or point of appropriation.

(2) A substitution may not be made under section (1) of this rule if the use of the supplemental water right results in an enlargement of the primary water right or if the use results in injury to other existing water rights.

(3) An application shall be submitted on a form provided by the Department with the appropriate fee as established under ORS 536.050. The Department may request additional information if necessary to assist with the injury and enlargement evaluation.

(4) Upon receiving an application, the Department shall provide notice of the application in the Department’s weekly public notice and accept written public comments for 30 days.

(5) The Director shall issue a proposed final order recommending approval or denial of the substitution within 90 days after the Department receives an application under section (1) of this rule. If the proposed substitution will result in injury or enlargement, the Director shall prohibit or condition the use to avoid or mitigate the injury or enlargement. The Department shall provide notice of the proposed final order and accept protests and requests for party status in the manner described in OAR 690-380-4020 and 690-380-4030.

(6) For the purpose of this rule, a substituted primary surface water right shall be treated as a supplemental water right and a substituted supplemental ground water right shall be treated as a primary water right.

(7) A completed and approved substitution of a supplemental ground water right for a primary surface water right under this rule may be terminated upon a request by the water right holder or by an order of the Director if the Director determines that the use of the ground water as the primary water right causes injury or enlargement. Upon termination, the substituted primary and supplemental water rights shall revert back to their original status.

(8) Following approval of a substitution as outlined in section (7) of this rule, no change in place of use, character of use, point of diversion, or point of appropriation may occur except upon termination of the substitution and approval of a new transfer application.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532, ORS 536.076 & ORS 536.077
History:
WRD 76-2026, minor correction filed 08/12/2026, effective 08/12/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f & cert. ef. 5-1-03

690-380-2340
Specific-to-General Industrial Water Use Change

A water right transfer is not required for a general industrial use that was not included in a water right certificate issued for a specific industrial use if:

(1) The quantity of water used for the general industrial use is not greater than the rate allowed in the original water right and not greater than the quantity of water diverted to satisfy the authorized specific use under the original water right;

(2) The location where the water is to be used for general industrial use was owned by the holder of the original water right at the time the water right permit was issued; and

(3) The person who makes the change in water use provides the following information to the Department:

(a) The name, email address (if available), and mailing address of the person using water under the water right;

(b) The water right certificate number;

(c) A description of the location of the industrial facility owned by the holder of the original water right at the time the water right permit was issued;

(d) Water use measurement data, system capacity information, or other data acceptable to the Department regarding the maximum instantaneous rate and annual volume of water diverted to satisfy the authorized specific use under the original water right, as well as the date(s) or time frame associated with the data or information provided; and

(e) A description of the general industrial use to be made of the water after the change.

(4) The Department may request additional information necessary to validate the data or information provided under section (3)(d) of this rule or to establish that the water right is not subject to forfeiture under ORS 540.610.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 2-2003, f & cert. ef. 5-1-03

690-380-2410
Municipal Water Rights

(1) Water used under a permit or certificate issued to a municipality, under rights conferred by ORS 538.410 to 538.450, or under the registration system set forth in ORS 537.132 may be applied to beneficial use on:

(a) Any lands acquired by the municipality through annexation, merger, consolidation, or by the formation of a water supply authority in accordance with ORS 540.510(3)(a)(A) so long as the rate and duty allowed under the right is not exceeded;

(b) Subject to the limitations in section (3), lands other than those described in subsection (1)(a) of this rule in accordance with ORS 540.510(3)(a)(B) so long as the use continues to be for municipal purposes and the rate and duty allowed under the right is not exceeded;

(c) Any lands for which the use is authorized by the Department of Environmental Quality or Department of Agriculture under ORS 468B.050 or 468B.053 and for which a reclaimed water registration has been filed under ORS 537.132.

(2) A municipality may seek authorization to use water for municipal purposes on lands other than those described in section (1) of this rule under a water use subject to transfer by submitting a water right transfer application to change the place of use or character of use under OAR 690-380-3000.

(3) The Director may order termination of the use of water under subsection (1)(b) of this rule or, in consultation with the municipal water supplier, may impose other restrictions necessary to eliminate interference with or impairment of prior vested water rights resulting from the use of water under subsection (1)(b) of this rule.

(4) As used in this rule, "municipal purposes" includes municipal use, quasi-municipal use, group domestic, domestic use, and human consumption as defined in OAR 690, division 300.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.510
History:
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0140
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 19-1990, f. & cert. ef. 12-14-90

690-380-2420
Notice of Merger, Consolidation or Formation of a Water Authority

(1) Municipal water supply entities that merge, consolidate or form a water authority may notify the Department of such action and request issuance of superseding certificates pursuant to sections (2) and (3) of this rule. The notice and request for issuance of superseding certificates shall include the following:

(a) A listing of the entities in the merger, consolidation or formation of a water authority;

(b) A copy of the documents filed with the city, county or state authorities approving such action;

(c) A copy of the cooperative agreement, or other evidence, between the authority and the county or other authority granted coordinative functions under ORS Chapter 197 showing consistency with local comprehensive plans;

(d) A listing of the certificated water rights by number of all water rights for the usual municipal purposes of all entities involved;

(e) A map, meeting the requirements of OAR 690-380-3100, showing the legal boundaries of the water service area and the points of diversion or appropriation;

(f) The name and address of the authority authorized to conduct business; and

(g) A written request that new water right certificates be issued to the authority.

(2) After verifying the information submitted in accordance with subsections (1)(a) to (g) of this rule, the Director shall issue superseding certificates confirming the resulting municipal use of water, showing the place of use within the legal description of the service boundaries of the new entity as it was officially formed.

(3) After verifying the information submitted in accordance with subsections (1)(a) to (g) of this rule, the Director shall issue certificates to supersede the certificates that were issued before a merger, consolidation or formation of a water authority. Superseding certificates describing the place of use shall be issued to the authority.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.530
History:
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0150
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 19-1990, f. & cert. ef. 12-14-90

690-380-2430
Acquisition of Water Rights by a Water Authority

(1) In addition to using the process described in OAR 690-380-2420, a water authority may acquire water rights from a municipality, a domestic water supply district, an irrigation district, a drainage district, a water improvement district, or a water control district.

(2) A water authority that acquires a water right may:

(a) Exercise the right subject to the limitations in section (4) of this rule if the right is for municipal purposes;

(b) Submit a request for issuance of a superseding certificate that includes the information described in section (3) of this rule if the right is a certificated right for municipal use;

(c) Submit a water right transfer application to change the character of use if the right is subject to transfer; or

(d) Submit a water right transfer application to change the point of diversion or appropriation if the right is a permit or a right subject to transfer.

(3) A request for issuance of a superseding certificate submitted pursuant to subsection (2)(b) of this rule shall be in writing and include:

(a) The name and address of the water authority;

(b) The certificate number of the water right acquired by the water authority; and

(c) A map, meeting the requirements of OAR 690-380-3100, showing the legal boundaries of the water service area and the existing points of diversion or appropriation for the right.

(4) The Director may restrict the use of water by a water authority to the lands described by previous water use authorizations or, in consultation with the water authority, may impose other restrictions on the use as needed to eliminate the interference with or impairment of prior vested water rights.

(5) As used in this rule, “municipal purposes” includes municipal use, quasi-municipal use, group domestic, domestic use, and human consumption as defined in OAR chapter 690, division 300.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.530
History:
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0130
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 19-1990, f. & cert. ef. 12-14-90

690-380-3000
Application for Transfer

A separate application is required for each water use subject to transfer that is involved in the proposed transfer, except for those circumstances outlined in OAR 690-380-2240(1) and (5) or unless the criteria under OAR 690-380-3220 are met. Each transfer application shall be prepared in ink or typewritten on forms provided by the Department. Applications shall contain the following information concerning the primary water right and any appurtenant supplemental water right or permit, if applicable:

(1) Applicant’s name, mailing address, email address (if available), and telephone number.

(2) Type of change proposed.

(3) Name appearing on permit, certificate, decree or proof of appropriation.

(4) Name of decree and certificate number, if applicable.

(5) Permit number and certificate number, if applicable.

(6) Source of water (from permit, decree or certificate).

(7) Date of priority.

(8) The existing authorized and proposed points of diversion or appropriation located accurately in reference to a public land survey corner. If the request is for a change in point of diversion, then the application shall also:

(a) Indicate whether the proposed point of diversion is located upstream or downstream from the existing authorized point of diversion; and

(b) Provide any information, if known, regarding fish screens and passage at the proposed point of diversion, including but not limited to the following:

(A) Any previous ODFW fish screening certification letter and/or passage approval number;

(B) A copy of any preliminary ODFW fish screen and/or passage determination; and

(C) Name and contact information for the ODFW representative(s) with whom the applicant is working.

(9) The existing authorized use of water.

(10) A description of the current water delivery system that demonstrates that the applicant is ready, willing, and able to exercise the right and includes information on the capacity of any pumps, canals, and pipelines used to divert and convey the water to the authorized use.

(11) The existing authorized place of use identified by its location within the public land survey and tax lot number.

(12) Evidence that the water has been used beneficially over the past five years in accordance with the terms and conditions of the right or that the right is not subject to forfeiture under ORS 540.610. The evidence shall include:

(a) A completed evidence of use affidavit on a form provided by the Department;

(b) If the right has been used during the past five years, one or more affidavits from persons, such as the owner or operator, a neighbor, crop field person for a cannery or other product buyer, or Natural Resources Conservation Service (NRCS) representatives, who can attest from personal knowledge or professional expertise that the right was exercised at the authorized location and for the authorized purpose. Such affidavits shall state the specific grounds for the affiant’s knowledge, the specific use to which the water was put (e.g., the crops grown, the nursery stock watered), and the delivery system used to apply the water and include supporting documentation which may include, but is not limited to:

(A) Records such as Farm Service Agency crop reports, irrigation district records, an NRCS farm management plan, or records of other water suppliers;

(B) Dated satellite imagery, dated aerial photographs of the lands, or other photographs containing sufficient detail to establish the location and date of the photograph; or

(C) Any other documentation with sufficient detail to support the affidavit attesting to beneficial use of the water right during the past five years.

(c) If the right has not been used during the past five years, documentation that the presumption of forfeiture would be rebutted under ORS 540.610(2), or is exempt under ORS 540.610(3)-(4) or 540.612.

(13) For permanent transfers under OAR 690-380-2000:

(a) A signed statement that the applicant understands that:

(A) For all applications other than a change in point of diversion to reflect historical use under OAR 690-380-2120, upon receipt of the initial review described in OAR 690-380-4000 and prior to the Department issuing a proposed final order on the transfer, the applicant will be required to provide landownership information and evidence that the applicant is authorized to pursue the transfer as identified in OAR 690-380-4000(6); or

(B) For an application to make a change in point of diversion to reflect historical use under OAR 690-380-2120, prior to Department approval of the transfer, the applicant will be required to provide landownership information and evidence that the applicant is authorized to pursue the transfer as identified in OAR 690-380-4000(6);

(b) A statement affirming that the applicant is a municipality as defined in ORS 540.510(3)(b) and that the right is in the name of the municipality or a predecessor; or

(c) Documentation that the applicant is an entity with the authority to condemn property and is acquiring by condemnation the property to which the water right proposed for transfer is appurtenant. Such an entity may only apply for a transfer under this subsection if it has filed a condemnation action to acquire the property and deposited the funds with the court as required by ORS 35.265. Such an entity need not obtain the consent or authorization for the change from any other person or entity.

(14) For temporary transfers under OAR 690-380-8000, name of the deeded landowner of the land to which the water right is appurtenant and a copy of the recorded deed to the subject lands. If the applicant is not the deeded landowner, the applicant shall provide a notarized statement from the landowner authorizing the change.

(15) The proposed use of water.

(16) The proposed place of use shall be identified by its location within the public land survey and, if the applicant is not a municipality as defined in ORS 540.510(3)(b), by tax lot number and name and address of each tax lot owner(s) other than the applicant.

(17) Reason for the proposed change.

(18) Map as required in OAR 690-380-3100.

(19) Land use information as outlined in the Department’s Land Use Planning Procedures Guide, except for those transfers that meet the following four requirements:

(a) Where existing and proposed water uses would be located entirely within lands zoned for exclusive farm use as provided in ORS 215.203 or within irrigation districts;

(b) That involve changes in place of use only;

(c) That do not involve the placement or modification of structures including but not limited to water diversion, impoundment, or distribution facilities, water wells, and well houses; and

(d) That involve irrigation water uses only.

(20) If the request is for a change in point of diversion to a well, or a change in point of appropriation, copies of water well reports for the authorized and proposed point of appropriation. If water well reports are not available, a description of the construction of each well, including but not limited to, well depth, static water level, casing size, and any other necessary information to establish the groundwater body developed or proposed to be developed.

(21) A listing of the names and mailing addresses of:

(a) All affected local governments, including but not limited to, county, city, municipal corporations, and tribal governments; and

(b) Any district in which the affected water right is located or that serves the right and any district in which the affected water right would be located or that would serve the right after the proposed transfer.

(22) An oath that the information contained in the application is true and accurate.

(23) If a portion of the fee is waived pursuant to OAR 690-380-3400, documentation showing that the proposed transfer qualifies for the fee waiver.

(24) The signature of the applicant, and if an entity, the title of the person signing the form.

(25) The appropriate fee as required under ORS 536.050, less any portion waived pursuant to OAR 690-380-3400.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.531, ORS 536.050 & ORS 536.045
History:
WRD 53-2026, minor correction filed 07/31/2026, effective 07/31/2026
WRD 4-2026, minor correction filed 06/15/2026, effective 06/15/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 8-2004, f. & cert. ef. 11-5-04
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0060
Reverted to WRD 5-1996, f. & cert. ef. 7-11-96
WRD 1-2000(Temp), f. 5-16-00, cert. ef. 5-16-00 thru 11-10-00
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 16-1990, f. & cert. ef. 8-23-90
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 10-1988, f. & cert. ef. 8-10-88
WRD 7-1987, f. & ef. 6-11-87

690-380-3050
Additional Application Requirements

(1) For the purpose of clarifying the water right record, the Department shall require the applicant to provide the additional information in section (2) of this rule if:

(a) The proposed transfer involves rights for lands under more than one ownership and not all of the owners are applicants; or

(b) The final proof survey maps on file with the Department for any quarter-quarter section in which lands involved in the proposed transfer are located do not adequately describe the location of the place of use or the associated priority dates of the associated water rights.

(2) The supplemental information to be provided by the applicant shall include:

(a) A list of the name and address of each landowner whose lands the Department concludes may be included in the portion of the water right proposed for transfer and written proof of service of a copy of the application on those landowners and a map delineating the location, acreage, priority dates, and ownership of the subject water right; and

(b) Other information sufficient to establish that no portion of the right to be transferred is held by persons other than those proposing the transfer and, for rights with multiple priority dates, the priority dates for the right to be transferred are consistent with the decree or other document establishing the right.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532
History:
WRD 2-2003, f & cert. ef. 5-1-03

690-380-3100
Map Requirements

(1) A map shall be included with a transfer application as required under OAR 690-380-3000. The map shall meet the standards in OAR chapter 690, division 305, as well as the following criteria:

(a) Except as otherwise provided under OAR chapter 690, division 380 or 382, the map shall be prepared by a certified water right examiner.

(b) Horizontal field accuracy shall be consistent with standard surveying practices for the purpose of locating and quantifying water rights.

(c) If the proposed transfer involves changes in place of use or character of use for more than three water rights, a separate map shall be provided for each water right.

(d) If existing final proof survey maps on file with the Department accurately identify the points of diversion or appropriation and the place of use for the water rights affected by the proposed transfer and include the information described in section (2) of this rule, on advance written or e-mail approval by the Department, the existing final proof survey maps may be submitted to meet the requirements of OAR 690-380-3000(18).

(2) The map(s) shall include the following information:

(a) The certified water rights examiner's stamp and signature, if applicable. A digital stamp or seal and signature are acceptable, provided the requirements under OAR 690-014-0050 are satisfied;

(b) The location of each existing and proposed point of diversion or appropriation;

(c) For a change in point of diversion or appropriation that does not also include a change in place of use, identification of the lands to be served by the proposed point of diversion or appropriation. If the proposed point of diversion or appropriation is intended to serve the entire right of record, a copy of the existing final proof survey map for the right of record may be submitted to satisfy this requirement. If the proposed point of diversion or appropriation is not intended to serve the entire right of record, the specific lands to be served shall be identified and the number of certificated acres to be served by the new point of diversion or appropriation shall be listed;

(d) For a change in place of use or character of use, the location of the authorized and proposed place of use of the water. If the application is for irrigation, nursery use, cranberry use, or other similar uses, the place of use indicated on the map shall be shaded or hachured and shall show the number of acres in each quarter-quarter section, government lot, or quarter-quarter section as projected within government lots, donation land claims, or other recognized public land survey subdivisions. If the water right involved in the proposed transfer has multiple priority dates or uses, the lands to be served by each priority date and on which each use is proposed must be separately identified;

(e) The location of any part of the right not involved in the proposed transfer. For transfers involving less than 67 percent of the entire place of use of the right, the map shall include at least the location of the portions of the right not involved in the proposed transfer which are included in the same quarter-quarter sections as the proposed transfer. The applicant shall have the burden of proving the proposed transfer involves less than 67 percent of the entire place of use of the water use subject to transfer. However, the Department may require a greater portion of the use subject to transfer or the entire use subject to transfer be mapped, if necessary to make a determination of potential injury;

(f) The location of property lines for the property involved in the transfer, in the vicinity of the transfer. For transfer of municipal, quasi-municipal, and other similar rights, the property lines need not be shown, however, the service area boundaries shall be indicated.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2012, f. 1-31-12, cert. ef. 2-1-12
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 8-2004, f. & cert. ef. 11-5-04
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0070
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88
WRD 7-1987, f. & ef. 6-11-87

690-380-3200
District May Submit Application for Water Users

(1) A district, authorized to act on behalf of its members, may apply for a water right transfer under the provisions of ORS 540.520. If the proposed change is for other than a change in point of diversion or appropriation, the application shall contain a notarized statement from the owner of the right authorizing the proposed change.

(2) An application for a change in the place of use of water rights managed by a district may be made pursuant to OAR chapter 690, division 385.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.510 - 540.520
History:
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 8-2004, f. & cert. ef. 11-5-04
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0020
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 7-1987, f. & ef. 6-11-87

690-380-3220
Separate Application Required for Each Water Right

For changes involving more than one landowner or water use subject to transfer, a separate transfer application is required for each water use subject to transfer from each landowner involved, except when one or more of the following circumstances applies:

(1) A change in point or points of diversion or appropriation to a new common point of diversion or appropriation for a delivery system serving multiple rights or multiple ownerships;

(2) A change in use or place of use of all rights on a single parcel from all sources;

(3) A change in use or place of use from as many as four landowners may be allowed within a district. Such a change must be for the same water right and not total more than 10 acres transferred; or

(4) Transfers between two parcels using water from the same source.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.520
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0025
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 16-1990, f. & cert. ef. 8-23-90, Renumbered from 690-015-0035
WRD 10-1988, f. & cert. ef. 8-10-89
WRD 7-1987, f. & ef. 6-11-87

690-380-3400
Waiver of Fees

The Director shall waive $100 or 50 percent of the application fee, whichever is greater, for that portion of a change to a water right permit under ORS 537.211(4) or a water right subject to transfer under 540.520 or 540.523, that is:

(1) To establish an instream water right pursuant to ORS 537.348;

(2) Is necessary to complete a project funded by the Oregon Watershed Enhancement Board under ORS 541.932; or

(3) Determined and endorsed in writing by ODFW as a change that will result in a net benefit to fish and wildlife habitat except when this determination is as a result of a request for consent to injury to an instream water right as outlined in OAR 690-380-5050.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532, ORS 541.932 & ORS 536.050
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
RD 2-2003, f & cert. ef. 5-1-03

690-380-3410
Waiver of Mapping Requirements

(1) The Director may waive or assist the applicant in satisfying the requirements of OAR 690-380-3100 for a change to a water right subject to transfer under ORS 540.520 or 540.523, if the change is:

(a) To establish an instream water right pursuant to ORS 537.348;

(b) Necessary to complete a project funded by the Oregon Watershed Enhancement Board under ORS 541.932; or

(c) Determined and endorsed in writing by ODFW as a change that will result in a net benefit to fish and wildlife habitat.

(2) A request to waive or assist the applicant in satisfying the mapping requirements of OAR 690-380-3100 shall be submitted on a form provided by the Department. The form must be completed by the applicant and signed by the appropriate field staff prior to submittal of the transfer application.

(3) A waiver of mapping requirements under this rule shall only be approved if:

(a) The transfer would establish an instream water right as described in subsection (1)(a) of this rule:

(A) If the entirety of the right is being transferred to an instream water right and the location of the instream water right can be clearly delineated through reference to the existing point of diversion for the transferred right and other points of diversion or geographic reference points such as the mouth of the stream; or

(B) A map meeting the requirements of OAR 690-380-3100 is available showing the lands not included in the transfer and the location of the instream water right can be clearly delineated through reference to the existing point of diversion for the transferred right and other points of diversion or geographic reference points such as the mouth of the stream.

(b) At the determination of the Director, other circumstances are present that make an application map unnecessary.

(4) The assistance provided by the Department may include, but need not be limited to, development of an application map.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532 & ORS 541.932
History:
WRD 36-2025, minor correction filed 12/23/2025, effective 12/23/2025
WRD 2-2003, f & cert. ef. 5-1-03

690-380-4000
Initial Review

(1) On receipt of an application for transfer, the Department shall review the application to determine if the applicant has included the information required by OAR 690-380-3000, all fees have been paid, and if the water rights proposed for transfer are water uses subject to transfer as defined in ORS 540.505(4) and OAR 690-300-0010.

(2) If the Department determines that the application does not include the required information, or fees, or that the water rights proposed for transfer are not subject to transfer, the Department shall return the application and any fees to the applicant along with a written description of the deficiencies in the application.

(3) If the Department determines the application is complete, all fees have been paid, and the water rights proposed for transfer are uses subject to transfer, the Department shall file the application and undertake an initial review of the application that includes an assessment of whether:

(a) The water right affected by the proposed transfer is a water use subject to transfer as defined in ORS 540.505(4) and OAR 690-300-0010(59) and, for a right described under 690-300-0010(59)(d), the proof of completion is approved under OAR 690-380-6040;

(b) The portion of the water right to be transferred is cancelled pursuant to ORS 540.610;

(c) The right is subject to forfeiture under ORS 540.610;

(d) The water user is ready, willing and able to use the portion of the right to be transferred;

(e) The proposed transfer would result in enlargement as defined in OAR 690-380-0100(2); 

(f) The proposed transfer would result in injury as defined in OAR 690-380-0100(3); and

(g) Any other requirements set forth in applicable laws for water right transfers are met.

(4) For an initial review that indicates an application is not consistent with the approval criteria outlined in OAR 690-380-5000(1) and should be denied, the initial review shall:

(a) Describe any inconsistencies with the approval criteria; and

(b) Identify any conditions or restrictions that, if included in the transfer, would address the inconsistencies.

(5) Upon completion of the initial review, the Department shall provide by electronic means, or if requested by regular mail, a copy of the initial review to 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, except as provided in section (10) of this rule, provide any outstanding information to the Department including, but not limited to:

(A) Amending the application to address any issues or deficiencies identified by the Department in the initial review; and

(B) For permanent transfers under OAR 690-380-2000, submitting documentation to satisfy the requirements of sections (6), (7), and (8) of this rule, as applicable.

(6) Upon receipt of the initial review, an applicant other than an entity that meets the criteria described in OAR 690-380-3000(13)(b) or (c) shall submit the following information:

(a) A report of ownership information as defined in OAR 690-380-0100(9) for the land to which the water right is appurtenant;

(b) A copy of water right conveyance agreement(s) for the land to which the water right is appurtenant, if applicable; and

(c) If the landowner identified in the report of ownership information is not the applicant, documentation to demonstrate that the applicant is authorized to pursue the transfer, which shall include:

(A) A notarized statement by the landowner(s) identified in the report of ownership information consenting to the transfer;

(B) If the interest in the water right has been conveyed, a notarized statement consenting to the transfer from the person or authorized representative(s) of the entity to whom the interest in the water right has been conveyed identified in a water right conveyance agreement; or

(C) Other documentation demonstrating that the applicant is authorized to pursue the transfer.

(7) The report of ownership information required under subsection (6)(a) of this rule must:

(a) Be prepared no earlier than three months prior to the date of the initial review showing current ownership; or

(b) If the interest in the water right has been conveyed be prepared within three months of the date the water right conveyance agreement was recorded or show ownership for the appurtenant land at the time the water right conveyance agreement was recorded.

(8) Upon receipt of an initial review indicating that an application should be denied due to a finding of injury resulting from a proposed change in point of diversion or appropriation, if the applicant intends to request consent to the injurious transfer pursuant to OAR 690-380-5030 as applicable, then the applicant shall submit the following:

(a) For a finding of injury to any water right other than an instream water right as identified in OAR 690-380-5030(1), a written statement in accordance with OAR 690-380-5030(1) notifying the Department that the applicant intends to request consent to the injury of the water right(s) and indicating the applicant understands that, upon receipt of the complete listing of injured water rights and contact information from the Department, the applicant must provide the information required under OAR 690-380-5030(1) and OAR 690-380-5040; or

(b) For a finding of injury to any instream water right granted pursuant to a request under ORS 537.336 or created pursuant to ORS 537.346(1) and held in trust by the Department, a written statement in accordance with OAR 690-380-5050(1) notifying the Department that the applicant intends to request consent to injury to an instream water right pursuant to OAR 690-380-5030(2) and OAR 690-380-5050.

(9) Except as provided in section (10) of this rule, the Department shall permanently close the file for the application and take no further action on the application if, within 30 days from the date of the notice described in section (5) of this rule, the applicant:

(a) does not notify the Department as provided in subsections (5)(a) and (b) of this rule;

(b) does not provide all outstanding information as provided in subsection (5)(b) of this rule; or

(c) notifies the Department to stop processing the application.

(10) If requested within the 30-day time period specified in section (5) of this rule, the Department may allow an applicant up to 60 additional days, not to exceed a total of 90 days from the date the Department provided notice of the initial review to the applicant pursuant to section (5) of this rule, to provide the outstanding information described in subsection (5)(b) of this rule 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.

(11) The initial review shall constitute the notification of the Department's intent to cancel a supplemental right required under OAR 690-380-2250.

(12) If the applicant amends the application or provides additional information in support of approval of the application, the Department may either revise the initial review and give notice of the revised initial review in the manner set forth under OAR 690-380-4005 or incorporate the amendments into the proposed final order.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532, ORS 536.045 & ORS 537.150
History:
WRD 78-2026, minor correction filed 08/14/2026, effective 08/14/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2012, f. 1-31-12, cert. ef. 2-1-12
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 8-2004, f. & cert. ef. 11-5-04
WRD 2-2003, f & cert. ef. 5-1-03

690-380-4005
Request for Comments

If, within 30 days from the date of the Department’s notification to the applicant described in OAR 690-380-4000(5), the applicant notifies the Department to proceed with the application and provides any outstanding information necessary to continue processing the application, or if applicable provides the outstanding information within an additional time period allowed under OAR 690-380-4000(10), the Department shall proceed with processing the application and give notice of the initial review in the Department’s weekly public notice and accept written public comments for 30 days.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.520, ORS 536.045 & ORS 537.150
History:
WRD 79-2026, minor correction filed 08/14/2026, effective 08/14/2026
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

690-380-4010
Proposed Final Order

(1) After the conclusion of the public comment period described in OAR 690-380-4005(1)(b), the Department shall:

(a) Issue a proposed final order indicating whether the application should be approved or denied taking into account comments received in response to the notice provided under OAR 690-380-4005(1)(b) and the considerations described in section (2) of this rule;

(b) Give notice of the transfer application and proposed final order in the manner described in OAR 690-380-4020; and

(c) If applicable, issue draft remaining right certificate(s).

(2) The Department's proposed final order shall include an assessment of whether the application is consistent with the following approval criteria:

(a) The water right affected by the proposed transfer is a water use subject to transfer as defined in ORS 540.505(4) and OAR 690-300-0010(59) and, for a right described under 690-300-0010(59)(d), the proof of completion has been approved under OAR 690-380-6040;

(b) The portion of the water right to be transferred is not cancelled pursuant to ORS 540.610; 

(c) The right has been used over the past five years according to the terms and conditions of the right and that the right is not subject to forfeiture under ORS 540.610;

(d) The water user is ready, willing and able to use the portion of the right to be transferred;

(e) The proposed transfer would not result in enlargement as defined in OAR 690-380-0100(2);

(f) Except as provided in OAR 690-380-5030, the proposed transfer would not result in injury as defined in OAR 690-380-0100(3); and

(g) Any other requirements for applicable to water right transfers are met.

(3) For a proposed final order that indicates that an application should be denied because it is not consistent with the approval criteria outlined in section (2) of this rule, the proposed final order shall:

(a) Describe the basis for the denial; and

(b) Identify any conditions or restrictions that, if included in the transfer, would allow approval of the transfer.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532 & ORS 537.623
History:
WRD 84-2026, minor correction filed 09/17/2026, effective 09/17/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2009, f. & cert. ef. 6-18-09
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 8-2004, f. & cert. ef. 11-5-04
WRD 2-2003, f & cert. ef. 5-1-03

690-380-4020
Notice of Proposed Final Order

(1) Upon issuance of the Department's proposed final order and, if applicable, draft remaining right certificate(s), the Department shall:

(a) Send copies of the proposed final order and, if applicable, draft remaining right certificate(s) to the applicant by registered or certified mail in accordance with ORS 183.415; and

(b) Give notice of the transfer application and proposed final order:

(A) By publication in the Department's weekly public notice;

(B) By publication in a newspaper having a general circulation in the area in which the water uses subject to transfer are located for a period of at least once each week for two consecutive weeks, if the Department determines that more than five water rights would be injured as a result of the change proposed in the transfer application; and

(C) By sending by electronic means, or if requested by the recipient, by regular mail, a copy of the proposed final order, and the notice, and if applicable, the draft remaining right certificate(s), to each person who submitted comments under OAR 690-380-4005(1).

(2) The notice shall include the following information about the application:

(a) The type of transfer proposed and any amendments to the application that were made subsequent to the notice required under OAR 690-380-4005;

(b) The locations of the applicant's existing and proposed water uses, the amount of water allowed under the right or portion thereof to be transferred, and the authorized source for the right;

(c) The application file number;

(d) The applicant's name and mailing address;

(e) A statement that any person may file, jointly or severally, with the Department a protest within 30 days after the date of publication of the notice in the Department’s weekly public notice as prescribed by subsection (1)(a) of this rule; and

(f) A summary of the Department's proposed final order.

(3) If newspaper notice is required in subsection 1(b)(B), as provided in ORS 540.520(7), the cost of publication in a newspaper shall be paid by the applicant in advance of publication. The applicant shall include payment for the cost of publication including the direct cost of the notice and indirect costs which may not exceed twenty (20) percent of the direct costs. If publication in a newspaper is required, a copy of the notice, and a request for payment for the cost of publishing the notice shall be sent to the applicant by electronic means, or if requested by regular mail. The Department shall allow the applicant a period of not fewer than 30 days after the request for payment of newspaper publication costs to submit the required funds. The Department shall submit the notice to the newspaper within 15 days after receiving the payment.

(4) The Department may deny the application for failure to pay in advance the costs of publication of the newspaper notice within the period allowed under section (3) of this rule.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.520, ORS 540.532, ORS 536.045, ORS 537.623, ORS 536.076 & ORS 536.077
History:
WRD 83-2026, minor correction filed 09/17/2026, effective 09/17/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2012, f. 1-31-12, cert. ef. 2-1-12
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0080
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 5-1991, f. & cert. ef. 4-26-91
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 7-1987, f. & ef. 6-11-87

690-380-4030
Protests and Hearings

(1) Except as described subsection (2) of this rule, protests of, requests for party status, and contested case proceedings concerning proposed final orders are governed by ORS 536.076, ORS 536.077, and OAR chapter 690 division 002. Proposed final orders shall become final if no protest is filed or by default as provided in OAR 690-002-0235.

(2) Within 30 days after the publication in the department’s weekly public notice any person may file a protest against the proposed final order.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 183.310 - 183.550, ORS 536.050, ORS 540.530, ORS 536.076, ORS 536.077 & ORS 536.620
History:
WRD 74-2026, minor correction filed 08/12/2026, effective 08/12/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0085
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 7-1987, f. & ef. 6-11-87

690-380-4200
Hearings

(1) If a protest is filed under OAR 690-380-4030, the Department shall hold a hearing on the matter.

(2) If a protest has asserted that a water right to be transferred has been forfeited through non-use, the Department shall issue a notice of cancellation proceeding in accordance with ORS 540.631, and the hearing held pursuant to OAR 690-380-4200(1) shall also include the procedures described in OAR 690-017-0600 to 690-017-0900. The hearing on the transfer protest(s) shall include issues related to the notice of cancellation proceeding. The Department may also consolidate for hearing the protest(s) of a transfer application with a notice of proposed cancellation if:

(a) The transfer application and the notice of proposed cancellation affect the same water right(s), and

(b) The Department issues the notice of proposed cancellation prior to referral of the transfer protest to the Office of Administrative Hearings.

(3) If the Department issues a proposed final order finding that a change in point of diversion or appropriation will not result in injury, but after hearing the Office of Administrative Hearings issues a proposed order finding that the change will result in injury, the applicant may file a notification of intent to request consent to the injurious transfer under OAR 690-380-5030 to 690-380-5050 within 15 days of receipt of the proposed order. Notwithstanding OAR 690-002-0175, a notification of intent pursuant to OAR 690-380-5030(1) stays the deadline for filing exceptions for a period of 90 days. A notification of intent pursuant to OAR 690-380-5030(2) stays the deadline for filing exceptions for a period of 180 days.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532, ORS 536.076, ORS 536.077 & ORS 537.620
History:
WRD 54-2026, minor correction filed 07/31/2026, effective 07/31/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f & cert. ef. 5-1-03

690-380-5000
Approval of Transfers

(1) A transfer application shall be approved if the Department determines that:

(a) The water right affected by the proposed transfer is a water use subject to transfer as defined in ORS 540.505(4) and OAR 690-300-0010(59)) and, for a right described under 690-300-0010(59)(d), the proof of completion has been approved under OAR 690-380-6040;

(b) The portion of the water right to be transferred is not cancelled pursuant to ORS 540.610;

(c) The right has been used over the past five years according to the terms and conditions of the right and that the right is not subject to forfeiture under ORS 540.610;

(d) The water user is ready, willing and able to use the portion of the right to be transferred;

(e) The proposed transfer would not result in enlargement as defined in OAR 690-380-0100(2);

(f) Except as provided in OAR 690-380-5030, the proposed transfer would not result in injury as defined in OAR 690-380-0100(3); and

(g) Any other requirements for applicable to water right transfers are met.

(2) If no protest of a proposed final order is timely received, as a matter of law, the proposed final order shall become a final order, and if applicable draft remaining right certificate(s) shall become final on the date that is 33 days after the close of the time period for submitting a protest, with no further action required by the Department.

(3) Not more than 33 days after the close of the time period for submitting a protest, the department may withdraw a proposed final order for reconsideration and issuance of a superseding proposed final order.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532, ORS 536.076, ORS 536.077 & ORS 537.620
History:
WRD 55-2026, minor correction filed 07/31/2026, effective 07/31/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 8-2004, f. & cert. ef. 11-5-04
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0050
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 7-1987, f. & ef. 6-11-87

690-380-5030
Approval of Injurious Transfers

Following the issuance of an initial review pursuant to OAR 690-380-4000, the Department may approve a transfer of a point of diversion or appropriation that would injure another water right if:

(1) For any water right other than an instream water right, the applicant:

(a) Notifies the Department, as outlined in OAR 690-380-4000(8)(a), that the applicant:

(A) Intends to request consent to injury of the water right; and

(B) Indicates that the applicant understands that, upon receipt of the complete listing of the injured water right and water right holder contact information from the Department, the applicant must file an affidavit from every holder of the injured water rights consenting to the change that conforms to OAR 690-380-5040; and

(b) Submits to the Department completed affidavits that conform to OAR 690-380-5040 from every holder of the injured water right(s) consenting to the change; and

(2) For any instream water right granted pursuant to a request under ORS 537.336 or an instream water right created pursuant to ORS 537.346(1) and held in trust by the Department, provided:

(a) The applicant notified the Department that the applicant intends to request consent to injury to an instream water right resulting from a change in point of diversion of appropriation as outlined in OAR 690-380-4000(8)(b); and

(b) The Department consents to the change after complying with the provisions of OAR 690-380-5050.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532 & ORS 537.341
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f & cert. ef. 5-1-03

690-380-5040
Affidavits of Consent

An affidavit consenting to a proposed change in point of diversion or appropriation under OAR 690-380-5030(1) shall be notarized and shall include statements that the affiant:

(1) Is the holder of a water right that the Department has determined would be injured;

(2) Has reviewed the initial review of the Department, or, as applicable, the proposed order issued by the administrative law judge after a contested case hearing, concluding the transfer would result in injury and recognizes the nature of the injury;

(3) Understands that approval of the proposed transfer may permanently reduce the quantity of water available for use under the water right; and

(4) Consents to the injury resulting from the proposed change in point of diversion or appropriation.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532 & ORS 537.623
History:
WRD 85-2026, minor correction filed 09/17/2026, effective 09/17/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f & cert. ef. 5-1-03

690-380-5050
Consent to Injury of Instream Water Rights

(1) Following the issuance of an initial review pursuant to OAR 690-380-4000, if the applicant notifies the Department that the applicant intends to request consent to injury to an instream water right resulting from a change in point of diversion or appropriation as outlined in OAR 690-380-4000(8)(b), the Department shall seek a recommendation on whether to consent or not consent from the agency that requested the instream water right.

(2) In requesting a recommendation under section (1) of this rule, the Department shall provide to the appropriate agency a copy of the initial review issued under OAR 690-380-4000 or proposed order issued after hearing and, to facilitate the analysis of cumulative impacts, identify any previously approved transfers injuring the same instream water right as the proposed transfer.

(3) If the agency that requested the instream water right recommends that the Department consent to injury, the agency’s recommendation shall be in writing and include:

(a) A description of the extent of the injury to the instream water right;

(b) A description of the effect of the injury on the resource;

(c) An evaluation of the net benefit that will occur as a result of the proposed change that includes an analysis of the cumulative impact of any previously approved changes that injured the instream water right; and

(d) Any proposed conditions necessary to ensure that the proposed change will be consistent with the recommendation.

(4) On receipt of a recommendation to consent to injury that complies with section (3) of this rule, the Department shall:

(a) Provide notice of the opportunity to comment on the recommendation:

(A) To the applicant, persons who filed comments under OAR 690-380-4005, and affected Indian Tribes; and

(B) By publication in the Department’s weekly notice; and

(b) Seek to consult with affected Indian Tribes pursuant to ORS 540.530(1)(d)(A).

(5) Within 30 days after the date of the notice required in section (4) of this rule, any person may submit written comments on the recommendation or a written request for a public meeting to review the recommendation.

(6) The Department shall provide copies of any comments submitted in response to the notice in section (4) of this rule to the recommending agency.

(7) Within 90 days of receipt of a written request for a public meeting on the recommendation, the Department and the agency providing the recommendation shall hold a joint public meeting to review the recommendation and to receive public comments.

(8) If no comments or requests for a public meeting to review the recommendation are received by the Department in response to the notice provided under section (4) of this rule or if, after consideration of any written comments or the discussions during the public meeting described in section (7) of this rule or Tribal consultation in subsection 4(b), the recommending agency notifies the Department that it will not withdraw its recommendation to consent to injury, the Department may issue a proposed final order recommending approval of the transfer and consent to the injury to the instream water right. The proposed final order shall, in addition to the considerations and approval criteria outlined in OAR 690-380-4010, include:

(a) Findings on the extent of the injury to the instream water right and the effect on the resource;

(b) Findings on the net benefit that will occur as a result of the change that reflect an analysis of the cumulative impact of any previously approved changes that injured the instream water right; and

(c) Any conditions necessary to ensure that the change will be consistent with the findings and will result in a continued net benefit to the resource consistent with the purposes of the instream water right.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532, ORS 536.076, ORS 536.077 & ORS 536.623
History:
WRD 86-2026, minor correction filed 09/17/2026, effective 09/17/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 2-2003, f & cert. ef. 5-1-03

690-380-5060
Fish Screening and By-Pass Devices

(1) Pursuant to ORS 540.525, when an application for a change in point of diversion is received, the Department shall consult with ODFW to determine whether a fish screening or by-pass device is necessary to prevent fish from leaving the body of water and entering the diversion.

(2) If requested by ODFW, a condition requiring a proper fish screen at the new point of diversion shall be attached to any transfer approval order for a change in point of diversion.

(3) The Department’s consultation with ODFW shall determine whether the diversion is:

(a) Equipped with an appropriate fish screen or by-pass device; or

(b) Included in the list of priority screening projects established under ORS 498.306(14)(a).

(c) If the original point of diversion is included in the priority list referenced in subsection (3)(b) of this rule, the Department, after consulting with ODFW, may require the installation of an appropriate fish screening or by-pass device at the new point of diversion.

(d) Any individual required to install a fish screening or by-pass device under (3)(c) at a point of diversion for a diversion of under 30 cubic feet per second may participate in ODFW’s cost sharing program for the installation of screening and by-pass devices.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.525, ORS 540.532 & ORS 498.306
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0073
WRD 5-1996, f. & cert. ef. 7-11-96

690-380-5100
Compatibility with Acknowledged Comprehensive Plans

(1) The Department and Commission shall meet requirements established in OAR 690-005-0045 (Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans) in evaluating and taking action on applications for transfers except as specified in OAR 690-005-0025 and 690-380-3000(19).

(2) In the event of a land use dispute, as defined in OAR 690-005-0015 (Definitions), the Department shall follow procedures provided in 690-005-0040 (Resolution of Land Use Dispute).

Statutory/Other Authority: ORS 197, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.510 - 540.531
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0057
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 12-1990, f. & cert. ef. 8-8-90

690-380-5110
Original Right Terminated

Approval of a change in use or place of use terminates the right to use water for the existing character of use or place of use under the original water right as described in the transfer application form required under OAR 690-380-3000.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532
History:
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0040
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 7-1987, f. & ef. 6-11-87

690-380-5120
Multiple Primary Water Rights on the Same Lands

If the water right records show two or more irrigation rights as primary on the same land, the right with the oldest priority date shall be considered the primary water right unless the applicant designates a right, other than the right with the oldest priority date, as the primary water right. All other water rights shall be diminished to supplemental water rights.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532
History:
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0045
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 16-1990, f. & cert. ef. 8-23-90
WRD 7-1987, f. & ef. 6-11-87

690-380-5130
Assignment or Change of Ownership

(1) When a change of ownership or interest occurs in lands described by a transfer application or by an order approving a transfer, the record holder may request the director to record an assignment to the new owner.

(2) If the record holder is not available, the new owner may furnish proof of ownership to change the Department’s records for that transfer. The Department shall also record a change in ownership to an heir or devisee under a will upon receiving proof of death of the record holder, or to a trustee upon receiving proof of a transfer to trust by the record holder. Proof of ownership of the involved lands shall include but not be limited to one or more of the following documents:

(a) A deed to the land;

(b) A land sales contract;

(c) Documentation of survivorship of property held jointly; or

(d) A court order or decree.

(3) The person making the assignment shall identify the current owner of all property involved in the transfer at the time of assignment. The person making the assignment shall furnish proof that notice of the assignment has been given or attempted for each identified owner not party to the assignment.

(4) When approval of a transfer for a change in place of use moves the water use subject to transfer to lands owned by another owner, the order shall contain the name and address of the receiving landowner and the Department’s records shall be changed to show the receiving landowner as the transfer holder. It shall be the responsibility of the receiving landowner to complete the transfer.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.530
History:
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0075
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 6-1990, f. & cert. ef. 8-23-90

690-380-5140
Time for Completion

(1) The Department shall fix a time limit in the order authorizing a change of character of use, place of use or point of diversion or appropriation within which the approved changes may be completed.

(2) Extensions of time to complete a transfer may be granted pursuant to OAR 690-380-6020.

(3) The time allowed by the Department for completion of an authorized change shall not be used when computing a five-year period of non-use under the provisions of ORS 540.610(1). The time for completion of the change requested in a transfer application is one full year plus the time until the next October 1. The time for completion of the change of a municipal or quasi-municipal right is five years plus the time until the next October 1. A longer time for completion may be allowed if the applicant can justify the need for a longer period of time.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.530
History:
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0087
WRD 5-1996, f. & cert. ef. 7-11-96

690-380-6010
Failure to Complete a Transfer as Grounds for Cancellation

(1) Upon approval of a change in use or place of use, the water use subject to transfer is considered inchoate (incomplete) until the authorized change has been completed to the satisfaction of the director.

(2) Any part of a transferred water use that is not applied to beneficial use under the terms of the transfer order for change in use or place of use, or within any extension of time allowed for completion, is lost.

(3) Non-completion of a change in point of diversion or appropriation does not forfeit the water use subject to transfer. However, upon expiration of the time allowed for completion, the water use shall again become subject to forfeiture pursuant to the provisions of ORS 540.610.

(4) For a change in point of diversion or appropriation, the claim of beneficial use shall identify the lands served by the new point of diversion or appropriation using:

(a) The existing final proof survey map for the right of record; or

(b) Another map prepared in accordance with OAR chapter 690, division 14.

(5) A new application is required to change the point of diversion or appropriation to a new location not authorized by the order.

(6) If the change in point of diversion or appropriation is not completed, the point of diversion or appropriation shall revert to the last authorized point of diversion or appropriation prior to the transfer.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.530
History:
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0090
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 7-1987, f. & ef. 6-11-87

690-380-6020
Extension of Time

(1) An order authorizing a water right transfer sets a time limit in which to beneficially use the water. If the transfer is not completed within the time limit, the owner may file an application for an extension of time. The application shall contain sufficient information for the director to determine reasonable diligence in the attempt to complete the project within the initial time allowed.

(2) If multiple receiving owners are involved, a separate application is required from each receiving owner requesting an extension.

(3) Extensions are granted for one year, from October 1 to October 1 of each year. An extension for up to five years may be granted for transfers involving municipal or quasi-municipal use. Extensions may be granted for longer time if the applicant can justify the need for a longer period of time by submission of pertinent evidence.

(4) In reviewing an application for an extension of time, the director shall determine whether reasonable diligence was made by the applicant to complete the project within the time period established under OAR 690-380-5140. Reasonable diligence shall include, but is not limited to:

(a) The purchase and installation of water delivery system;

(b) The expansion or restructuring of the existing delivery system;

(c) Actual use of a portion of the water according to the terms of the transfer order; or

(d) For municipal, quasi-municipal and group domestic uses only, the continued increase in population and number of service connections.

(5) Applications for succeeding extensions shall show reasonable diligence within the time allowed by the previous extension and shall be subject to the Department review based on section (4) of this rule.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.530
History:
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0100
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 10-1988, f. & cert. ef. 8-10-88
WRD 7-1987, f. & ef. 6-11-87

690-380-6030
Proof Of Use

(1) Transfers shall have a Claim of Beneficial Use report and map prepared by a certified water right examiner in accordance with OAR chapter 690, division 14.

(2) If any property described in the order approving the transfer application is not included in the request for a water right certificate, the owners of the transfer shall provide to the Department the name and address of the landowner of that property.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.530
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0110
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88
WRD 7-1987, f. & ef. 6-11-87

690-380-6040
Proof of Completion of Change

(1) The director shall issue a certificate of water right upon satisfactory proof of completing the change or changes authorized by a transfer approval order. Satisfactory proof shall be one of the following:

(a) A determination by the Department that appropriation of water to beneficial use under the terms of the transfer approval order was completed to the extent authorized; or

(b) A determination by the Department that appropriation of water to a beneficial use under the terms of the transfer approval order was completed to an extent less than authorized. Such determination shall constitute proof for that portion of the appropriation.

(2) If the Department determines that proof has been made to an extent different or less than that approved, a proposed certificate of water right shall be prepared. The proposed certificate shall describe the right determined completed under the provisions of the transfer approval order. The proposed certificate shall be sent by first class mail, or with the consent of the recipient, by electronic means to the transferee, together with notice that the transferee or the landowner has a period of 60 days from the date the proposed certificate was sent within which to request the Department reconsider the contents of the proposed certificate of water right. If no request for reconsideration is received within the 60-day period, the director shall issue a water right certificate to the transferee or landowner pursuant to ORS 540.530(2) and the transfer approval order.

(3) If the Department determines that proof has been made to the full extent granted by the approval order, a certificate may be issued without the necessity of a proposed certificate.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.530
History:
WRD 1-2012, f. 1-31-12, cert. ef. 2-1-12
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0120
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 16-1990, f. & cert. ef. 8-23-90

690-380-6050
Waiver of Proof of Completion

(1) The Director may waive any of the proof of completion requirements of OAR 690-380-6040, if:

(a) The waiver of the mapping requirements has been previously approved under OAR 690-380-3410; or

(b) The Director determines that other circumstances are present that make any of the requirements for proof of completion unnecessary and the transfer complies with the requirements of OAR 690-380-3410 for a waiver of mapping requirements.

(2) The Department may assist the applicant in satisfying any of the proof of completion requirements of OAR 690-380-6040 if the transfer complies with the requirements of OAR 690-380-3410. The assistance provided by the Department may include, but need not be limited to, development of a final proof survey map and claim of beneficial use.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.510 - 540.532
History:
WRD 2-2003, f & cert. ef. 5-1-03

690-380-6060
Petition for Reconsideration

(1) A petition for reconsideration of the content of a proposed certificate may be submitted in writing to the Department by the transferee or landowner. The petition shall describe the disagreement with the proposed certificate.

(2) The petition shall set forth the changes to the proposed certificate or the final proof map and shall include any facts which support the request. Maps, photographs, affidavits, receipts or other such evidence may be included to support the request.

(3) The director may allow reasonable time beyond the time set under OAR 690-380-6040(2) for a transferee or landowner to complete and submit a written petition for reconsideration.

(4) Upon receipt of a petition for reconsideration, the director shall:

(a) Approve the petition without verification and issue a certificate with the changes included;

(b) Schedule field verification of the requested changes and pursuant thereto approve or deny the request; or

(c) Deny it by a letter to the requesting person.

(5) If field verification is scheduled, a new proposed certificate may be prepared and sent as prescribed by OAR 690-380-6040.

(6) A petition for reconsideration of a new proposed certificate issued under section (5) of this rule shall be filed in accordance with sections (1) to (3) of this rule. Such petitions shall be approved or denied by an order of the director. The order shall provide for either issuance of a certificate of water right in conformance with the director’s findings, or for the scheduling of a contested case hearing as provided under OAR 690, division 2.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.530
History:
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0125
WRD 5-1996, f. & cert. ef. 7-11-96
WRD 16-1990, f. & cert. ef. 8-23-90

690-380-7000
Types of Permit Amendments

As provided in ORS 537.211(4), the water right permit holder of record may request to change the point of diversion or appropriation pursuant to OAR 690-380-7010, the point of diversion to allow the appropriation of groundwater pursuant to OAR 690-380-7020, or the place of use pursuant to OAR 690-380-7030.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 537.211
History:
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

690-380-7010
Change in Point of Diversion or Appropriation

(1) The point of diversion or point of appropriation of a water right permit may be changed if the proposed change meets the criteria outlined in OAR 690-380-7300, the proposed change meets the requirements under OAR 690-380-2110(2) and (4)(c), and for a change in point of diversion or additional point(s) of diversion, the new diversion(s) is equipped with a proper fish screen if requested by ODFW.

(2) The Department may deny a change in the point of appropriation pursuant to ORS 537.211(5).

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 537.211
History:
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

690-380-7020
Change from Surface Water Point of Diversion to a Groundwater Appropriation

The surface water point of diversion of a water right permit, or portion thereof, may be changed to allow the appropriation of groundwater instead of surface water, provided the proposed change meets the standards set forth in:

(1) ORS 540.531(2) or (3);

(2) OAR 690-380-2130(2) to (11), except that the water right permit need not be a water use subject to transfer; and

(3) OAR 690-380-7300.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 537.211, ORS 540.531(2) & ORS 540.532(3)
History:
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

690-380-7030
Change in Place of Use

(1) The place of use of a water right permit may be changed, provided the land on which the water is to be used is owned or controlled by the permit holder of record and the proposed place of use is contiguous to the land to which the permit is appurtenant.

(2) Notwithstanding the requirements of section (1) of this rule, the water right permit holder of record may change the place of use of all or any portion of water under the permit to land that is not contiguous to the land to which the permit is appurtenant if:

(a) The change to noncontiguous land is in furtherance of mitigation or conservation efforts undertaken for the purposes of benefiting a species listed as sensitive, threatened or endangered under ORS 496.171 to 496.176 and OAR 635-100-0040 or the federal Endangered Species Act of 1973 (PL 93-205, 16 U.S.C. § 1531, as amended), as determined by the listing agency; and

(b) All other requirements of OAR 690-380-7300 are met.

(3) For water right permits with an authorized place of use tied to specific acreage, including but not limited to irrigation, nursery operations, or cranberry operations, a change in place of use must involve a physical movement that alters the location of the water right permit from the existing authorized place of use to the proposed place of use such that, consistent with OAR 690-380-7300(1)(c) and OAR 690-380-0100(2)(c), the lands from which the water right is removed do not continue to receive water from the same source.

(4) As used in this rule, “contiguous” means land sharing a common border or touching, but includes land separated from the land to which a water right permit is appurtenant by the following:

(a) Roads;

(b) Utility corridors;

(c) Irrigation ditches; or

(d) Publicly owned rights of way.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 537.211
History:
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

690-380-7100
Permit Amendment Application Requirements

A separate application is required for each water right permit proposed to be amended. Each permit amendment application shall be prepared in ink or typewritten on forms provided by the Department. Permit amendment applications shall contain the following information concerning the permit and any other appurtenant water right, permit, or water use, if applicable:

(1) Applicant’s name, mailing address, email address (if available), and telephone number.

(2) Type of change proposed.

(3) Name of the record holder appearing on the water right permit or, if the permit has been assigned pursuant to ORS 537.220 and OAR 690-320-0060, the name of the new record holder to whom the water right permit has been assigned. If the applicant is not the water right permit holder of record, the permit amendment application shall be accompanied by a request for assignment under OAR 690-320-0060 and the appropriate fee required in ORS 536.050 for filing and recording the assignment.

(4) The time specified in the permit to perfect the water right, or the time specified in the last-approved extension of time to perfect the water right permit. If the specified time to perfect the water right permit has expired, or will expire in 120 days or less, the Department may return the application. A water right permit for which the specified time to perfect the water right has expired is not subject to amendment under ORS 537.211.

(5) Application number and permit number.

(6) Source of water listed on the water right permit.

(7) Date of priority.

(8) The location of the existing authorized and proposed points of diversion or appropriation located accurately in reference to a public land survey corner.

(9) The existing authorized use of water.

(10) The existing authorized place of use identified by its location within the public land survey and tax lot number.

(11) The proposed place of use, if applicable, shall be identified by its location within the public land survey and, if the applicant is not a municipality as defined in ORS 540.510(3)(b), by tax lot number and name and address of each tax lot owner(s) other than the applicant.

(12) Reason for the proposed change.

(13) A map prepared pursuant to the requirements of OAR 690-380-3100, except it need not be prepared by a certified water right examiner.

(14) Land use information as outlined in the Department’s Land Use Planning Procedures Guide, except for those permit amendments that meet the following four requirements:

(a) Where existing and proposed water uses would be located entirely within lands zoned for exclusive farm use as provided in ORS 215.203 or within irrigation districts;

(b) That involve changes in place of use only;

(c) That do not involve the placement or modification of structures including but not limited to water diversion, impoundment, or distribution facilities, water wells, and well houses; and

(d) That involve irrigation water uses only.

(15) If the request is for a change in point of appropriation, or a change in point of diversion to allow the appropriation of groundwater, copies of water well reports for the authorized and proposed point of appropriation. If water well reports are not available, a description of the construction of each well, including but not limited to, well depth, static water level, casing size, and any other necessary information to establish the groundwater body developed or proposed to be developed.

(16) A listing of the names and mailing addresses of:

(a) All affected Tribal governments and local governments, including but not limited to, county, city, municipal corporations, and

(b) Any district in which the affected water right permit is located or that serves the permit and any district in which the affected permit would be located or that would serve the permit after the proposed permit amendment.

(17) An oath that the information contained in the application is true and accurate.

(18) The signature of the applicant, and if an entity, the title of the person signing the form.

(19) The appropriate fee as required under ORS 536.050.

(20) The Department may require the applicant to provide any additional information related to the proposed permit amendment that is necessary in determining whether to approve the application.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 537.211 & ORS 536.045
History:
WRD 87-2026, minor correction filed 09/17/2026, effective 09/17/2026
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

690-380-7110
Permit Amendment on Behalf of a Public Corporation

For an application made by or on behalf of a public corporation, the Department may issue a permit approving the application without requiring the applicant to obtain prior written authorization or an easement permitting access to lands affected by the proposed permit amendment that are not owned by the public corporation. However, nothing in this subsection shall be construed to allow any person to trespass on the lands of another person.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 537.211
History:
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

690-380-7200
Notice of Permit Amendment

(1) On receipt of an application for permit amendment, the Department shall review the application to determine if the applicant has included the information required by OAR 690-380-7100 and if the time specified in the permit, or the last approved extension of time, to perfect the water right is expired or will expire in 120 days or less from the date the Department received the application.

(2) If the Department determines that the application does not include the information required by OAR 690-380-7100 or that the time specified in the permit, or the last approved extension of time, to perfect the water right is expired or will expire in 120 days or less from the date the Department received the application, the Department may return the application and any fees to the applicant along with the following, as applicable:

(a) A written description of the deficiencies in the application; and

(b) A request that the applicant file and obtain approval of a permit extension of time application, if allowable under OAR Chapter 690, Division 315, before filing a new permit amendment application.

(3) If the Department determines the application is complete and the time specified in the permit, or the last approved extension of time, to perfect the water right is not expired and will not expire in 120 days or less from the date the Department received the application, the Department shall file the permit amendment application and publish notice of the application in the Department’s weekly public notice.

(4) If, during the time the application is pending before the Department, the time specified in the permit, or the last approved extension of time, to perfect the water right expires, the Department shall notify the applicant that a permit extension of time application must be submitted and approved, if allowable under OAR Chapter 690, Division 315, before a final order approving the permit amendment application can be issued. If a permit extension of time application is not allowable or is not submitted within 90 days of notification under this rule or, if submitted, the permit extension of time application is denied, then the Department may issue a final order denying the permit amendment application.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 537.211
History:
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

690-380-7300
Permit Amendment Final Order

(1) A permit amendment application shall be approved through issuance of a final order if the Department determines that:

(a) The water right permit to be amended is not cancelled

(b) The time specified in the permit to perfect the water right, or the time specified in the last-approved extension of time to perfect the water right, has not expired;

(c) The proposed permit amendment would not result in enlargement as defined in OAR 690-380-0100(2);

(d) The proposed permit amendment would not result in injury as defined in 690-380-0100(3);

(e) All other terms of the permit remain the same, including but not limited to the beneficial use for which the water is used and the number of acres to which water is applied;

(f) Prior approval is obtained from the district if the water is transported or conveyed by an irrigation district organized under ORS 545, a drainage district organized under ORS chapter 547, a water improvement district organized under ORS chapter 552, a water control district organized under chapter 553, or a district improvement company or a corporation organized under ORS chapter 554;

(g) The holder of the water right permit provides written notice to the Department at least 60 days before making any changes to the lands, point of diversion or point of appropriation described in the permit; and

(h) Any other requirements applicable to water right permit amendments are met.

(2) For purposes of this rule, a complete permit amendment application shall serve as the written notice to the Department described in subsection (1)(g) of this rule. In no circumstance shall a permit amendment application be construed as being approved prior to the issuance of a final order to approve the application.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 537.211
History:
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

690-380-8000
Temporary Transfers

Any person who holds a water use subject to transfer may request that the Department approve:

(1) For a period of not to exceed five years, a temporary transfer of the place of use and, if necessary to convey the water to the new temporary place of use, point of diversion or appropriation; or

(2) For a period of not to exceed 25 years, a temporary transfer in the Deschutes River Basin of place of use, type of use, and point of diversion or appropriation if necessary to convey water to the new temporary place of use, of all or a portion of a water right.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 536.050, ORS 540.520, ORS 540.523 & ORS 540.585
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 1-2004, f. & cert. ef. 3-17-04
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0300
WRD 5-1996, f. & cert. ef. 7-11-96

690-380-8002
Temporary Transfer Applications under OAR 690-380-8000(1)

(1) Applications for a temporary transfer under OAR 690-380-8000(1) shall be on the Department’s water right transfer application form, shall be clearly marked “Temporary Transfer,” and shall include the following:

(a) The information required in OAR 690-380-3000;

(b) The length of time for which the change is being requested;

(c) The appropriate fee pursuant to ORS 536.050; and

(d) A map prepared pursuant to the requirements of OAR 690-380-3100, except it need not be prepared by a certified water right examiner.

(2) Notwithstanding the requirements of OAR 690-380-4020, the Department shall issue an order to approve a request for a temporary transfer under this rule if the Department determines that the temporary transfer will not injure any existing water right, will not result in enlargement as defined in OAR 690-380-0100(2), and that all applicable requirements of OAR 690-380-8010 and OAR 690-380-8020 are met. In issuing the order, the Department may include any conditions necessary to protect other water rights.

(3) All uses for which a temporary transfer is allowed under this rule shall revert automatically to the terms and conditions of the water use subject to transfer upon expiration of the temporary transfer period, or earlier if requested in writing by the applicant.

(4) The time during which water is used under an approved temporary transfer order does not apply toward a finding of forfeiture under ORS 540.610.

(5) The Department may revoke a prior approval of the temporary transfer at any time if the Department finds that the transfer is causing injury or enlargement.

(6) If the Department determines that the application is incomplete or defective or that all fees have not been paid, the Department shall return the application.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.523
History:
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2004, f. & cert. ef. 3-17-04

690-380-8003
Renewal of a Previously Approved Temporary Transfer Application under OAR 690-380-8000(1)

(1) Any person who holds a water use subject to transfer for which a temporary transfer application was approved within the past 5 years may request that the Department approve renewal of the temporary transfer for a period of not to exceed five years.

(2) A request for renewal of a previously approved temporary transfer shall be submitted on the application form provided by the Department titled “Temporary Transfer Renewal” and shall include the following:

(a) The Temporary Transfer Application number the applicant is requesting to be renewed;

(b) The length of time for which the renewal is being requested;

(c) The name of the deeded landowner of the land to which the water right is appurtenant and a copy of the recorded deed to the subject lands. If the applicant is not the deeded landowner, the applicant shall provide a notarized statement from the landowner authorizing the renewal;

(d) Land use information as outlined in the Department’s Land Use Planning Procedures Guide, except for those transfers that meet the following four requirements:

(A) Where existing and proposed water uses would be located entirely within lands zoned for exclusive farm use as provided in ORS 215.203 or within irrigation districts;

(B) That involve changes in place of use only;

(C) That do not involve the placement or modification of structures including but not limited to water diversion, impoundment, or distribution facilities, water wells, and well houses; and

(D) That involve irrigation water uses only.

(e) An oath that the information contained in the renewal application is true and accurate;

(f) The signature of the applicant, and if an entity, the title of the person signing the form;

(g) The appropriate fee pursuant to ORS 536.050; and

(h) A notarized statement from the applicant indicating that:

(A) All changes previously approved under the temporary transfer remain the same;

(B) The use of water under the previously approved temporary transfer was made in accordance with the terms and conditions of the approval order;

(C) All measurement devices required as a condition of the previously approved temporary transfer shall remain in place and in good working order; and

(D) The applicant will continue to comply with all other conditions of the previously approved temporary transfer.

(3) Notwithstanding the requirements of OAR 690-380-4020, the Department shall issue an order to approve a request for renewal of a previously approved temporary transfer under this rule if the Department determines that the temporary transfer will not injure any existing water right and will not result in enlargement as defined in OAR 690-380-0100(2). In issuing the renewal order, the Department may include any conditions:

(a) Necessary to protect other water rights; and

(b) Necessary to comply with the requirements outlined in OAR 690-380-8010 and OAR 690-380-8020.

(4) All uses for which a renewed temporary transfer is allowed under this rule shall revert automatically to the terms and conditions of the water use subject to transfer upon expiration of the temporary transfer renewal period, or earlier if requested in writing by the applicant.

(5) The time during which water is used under an approved temporary transfer renewal order does not apply toward a finding of forfeiture under ORS 540.610.

(6) The Department may revoke a prior approval of the temporary transfer renewal at any time if the Department finds that the transfer is causing injury or is resulting in enlargement.

(7) If the Department determines that the application is incomplete or defective, that any of the proposed terms of the renewal are not the same as the previously approved temporary transfer, or that all fees have not been paid, the Department shall return the application.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 536.050, ORS 540.520 & ORS 540.523
History:
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

690-380-8004
Temporary Transfer Applications under OAR 690-380-8000(2)

(1) Applications for a temporary transfer under OAR 690-380-8000(2) shall be on the Department’s water right transfer application form, shall be clearly marked “Temporary Transfer,” and shall include the following:

(a) The information required in OAR 690-380-3000;

(b) The length of time for which the change is being requested;

(c) The appropriate fee for the transfer pursuant to ORS 536.050;

(d) A map prepared pursuant to the requirements of OAR 690-380-3100, except it need not be prepared by a certified water right examiner;

(e) Where applicable, a description of the use of any portion of the water right not proposed to be transferred under OAR 690-380-8000(2);

(f) Evidence that an agreement exists between the landowner, district, and receiving municipality if the water right to be temporarily transferred is served by a district.

(2) Any portion of the use of a water right that is not temporarily transferred under OAR 690-380-8000(2) may be used on the designated part of the lands described in the original water right permit, certificate, or adjudication under ORS Chapter 539 as evidenced by a court decree, if the use:

(a) Does not encompass more than the remaining portion of the lands;

(b) Does not enlarge the water right or increase the rate, duty, total acreage benefited or season of use; and

(c) Is within the same land ownership as the water right proposed for transfer.

(3) If the Department determines that the application is incomplete or defective or that all fees have not been paid, the Department shall return the application.

(4) Upon receipt of a complete application for a temporary transfer under OAR 690-380-8000(2), the Department shall file the application and provide notice of the application in its weekly public notice and accept written public comments for 30 days.

(5) Notwithstanding the requirements of OAR 690-380-4020, the Department shall issue an order to approve a request for a temporary transfer under this rule if:

(a) The proposed temporary transfer will not result in injury to any existing water right or enlargement of the water right;

(b) The person holds a water right subject to transfer;

(c) The type of use specified in the original water use subject to transfer is irrigation;

(d) The person to whom the right is transferred is:

(A) Located within the Deschutes River Basin; and

(B) A city, a quasi-municipal corporation, a domestic water supply district formed under ORS Chapter 264, a water supplier as defined in 448.115 or a water authority formed under ORS Chapter 450;

(e) The proposed use is municipal use; and

(f) Any applicable requirements under OAR 690-380-8020 are met.

(6) In issuing the order, the Department may:

(a) Include any conditions necessary to protect existing water rights, including any reporting, measurement, and mapping requirements to ensure that use of any remaining portion of the right is consistent with the transfer; and

(b) Prescribe the duration of the temporary transfer period, up to 25 years.

(7) For temporary transfers proposing to use a remaining portion of the right under section (2) of this rule, the Department shall require the installation of a measuring device, monthly recording of water use, and annual reporting of water use.

(8) All temporary transfers allowed under this rule shall revert automatically to the terms and conditions of the water use subject to transfer upon expiration of the temporary transfer period, or earlier if requested in writing by the applicant.

(9) The time during which water is used under an approved temporary transfer order does not apply toward a finding of forfeiture under ORS 540.610.

(10) The Department may revoke a prior approval of the temporary transfer at any time if:

(a) The Department finds that the transfer is causing injury or results in enlargement; or

(b) Reporting, mapping, or measurement conditions associated with use of any remaining portion of the right under section (2) of this rule are not met.

(11) Prior to revoking a temporary transfer under this rule for failing to comply with any of the conditions of the transfer, the Department may seek compliance with the terms of the temporary transfer.

(12) The Department shall provide notice and review of temporary transfer applications under this rule pursuant to OAR 690-380-4010 through 690-380-4200.

(13) Opportunities to protest a temporary transfer under this rule shall be pursuant to OAR 690-380-4030.

(14) The Department shall issue final orders on temporary transfer applications under this rule pursuant to OAR 690-380-5000.

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.585 & ORS 537.150
History:
WRD 80-2026, minor correction filed 08/14/2026, effective 08/14/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2004, f. & cert. ef. 3-17-04

690-380-8010
Seasonal Use

Except as provided in OAR 690-380-8004, the lands from which the water use subject to transfer is removed shall receive no water, under the appurtenant rights, during the period of a temporary transfer. In the case of a temporary transfer approved during the season for which there is a specified season of use, such as the irrigation season, the lands from which the water use subject to transfer is being removed shall have received no water, under the appurtenant rights, during that season, including water used prior to the approval of the temporary transfer. If the lands have received water, under the appurtenant rights, during that season, the temporary transfer may not take effect until the following season.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.523
History:
WRD 1-2004, f. & cert. ef. 3-17-04
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0310
WRD 5-1996, f. & cert. ef. 7-11-96

690-380-8020
Supplemental Water Rights

(1) When an application for a temporary transfer of the place of use is filed with the Department, the applicant also shall indicate whether the land described in the application has an appurtenant supplemental water right or permit. The applicant shall also indicate whether the supplemental water right or permit is intended to be temporarily transferred with the primary water right or to remain unexercised at the place of use as described in the original water right during the period of the temporary transfer.

(2) If the applicant also intends to temporarily transfer the supplemental water right or permit, the applicant shall include the information required under OAR 690-380-3000 and 690-380-8000 for the supplemental water right or permit.

(3) If an existing supplemental water right or permit is not included in the temporary transfer application, the Department shall notify the applicant and the landowner, as identified under OAR 690-380-3000(14), that the order approving the temporary transfer of the primary water right will not allow the exercise of the supplemental water right or permit.

(4) The notice shall contain the following:

(a) A description of the supplemental water right or permit and the land to which it is appurtenant;

(b) A statement that the applicant and landowner, as identified under OAR 690-380-3000(14), has 30 days, from the date of the notice, to either modify the application to include the supplemental water right, or withdraw the application;

(c) A statement that, unless the applicant complies with subsection (4)(b) of this rule, the order approving the application for the temporary transfer of the primary water right will not allow the exercise of the supplemental water right or permit.

(5) If the application is withdrawn, the Department shall keep the examination fee, and shall refund any other fees submitted with the application.

(6) If the application is not modified or withdrawn, the director shall enter an order approving the temporary transfer of the primary water right and not allowing the exercise of the supplemental water right until the primary water right reverts to the original water use.

(7) The Department shall not approve the temporary transfer of a supplemental water right or permit if the temporary transfer would result in injury or enlargement.

(8) If the Department approves the temporary transfer of the primary water right but does not approve the temporary transfer of the supplemental water right or permit, the Department shall notify the applicant of the Department’s intent not to allow the temporary transfer of the supplemental water right or permit before the Department issues the order approving the temporary transfer of the primary water right. The notice shall inform the applicant that the supplemental water right or permit shall remain appurtenant to the land described in the application, but may not be exercised until the primary water right reverts to the original water use.

(9) If the primary water right does not revert soon enough to allow the use of water under the supplemental water right within five years, the supplemental water right shall become subject to cancellation for nonuse under ORS 540.610.

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.523
History:
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0320
WRD 5-1996, f. & cert. ef. 7-11-96

690-380-9000
Clarification of Water Rights

(1) If the Director decides that a certificate of water right does not identify the lands to which the right is appurtenant with sufficient specificity for management, delivery, or transfer of that right, the Director may issue a proposed final order clarifying and defining the description of the land to which the right is appurtenant.

(2) A clarification proposed final order may not reduce the rate, duty or number of acres stated in the perfected right. The sole purpose of the order is to better define the location to which the water right is appurtenant.

(3) Any proposed final order issued under this section shall be served on the legal owner of the land to which the water right is appurtenant and on the occupant of the land, by certified mail, return receipt requested. If the owner or occupant files a written protest within 30 days after issuance of the proposed final order, the Department shall conduct a contested case hearing.

(4) Except as described in subsection (3) of this rule, protests of and contested case proceedings concerning proposed final orders are governed by ORS 536.076, ORS 536.077, and OAR 690-002. Proposed final orders shall become final if no protest is filed or by default as provided in OAR 690-002-0235.

(5) If no protest of a proposed final order is timely received, as a matter of law, the proposed final order shall become a final order on the date that is 33 days after the close of the time period for submitting a protest, with no further action required by the Department.

(6) Not more than 33 days after the close of the time period for submitting a protest, the Department may withdraw a proposed final order for reconsideration and issuance of a superseding proposed final order.

(7) The Department’s final order shall be filed with the certificate that the order clarifies. For all purposes, the final order shall constitute the description of the land to which the water right is appurtenant.

Statutory/Other Authority: ORS 183, ORS 339, ORS 536, ORS 537, ORS 540 & ORS 649
Statutes/Other Implemented: ORS 540.560, ORS 536.076 & ORS 536.077
History:
WRD 88-2026, minor correction filed 09/17/2026, effective 09/17/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 2-2003, f. & cert. ef. 5-1-03, Renumbered from 690-015-0400
WRD 10-1988, f. & cert. ef. 8-10-88