ORS 540.523
Temporary transfer of water right or permit

  • terms
  • revocation
  • status of supplemental water right or permit

(1)

In accordance with the provisions of this section, any person who holds a water use subject to transfer may request that the Water Resources Department approve the temporary transfer of place of use and, if necessary to convey water to the new temporary place of use, temporarily change the point of diversion or point of appropriation for a period not to exceed five years. An application for a temporary transfer shall:

(a)

Be submitted in writing to the Water Resources Department;

(b)

Be accompanied by the appropriate fee for a change in the place of use as set forth in ORS 536.050 (Fees);

(c)

Include the information required under ORS 540.520 (Application for change of use, place of use or point of diversion) (2); and

(d)

Include any other information the Water Resources Commission by rule may require.

(2)

Notwithstanding the notice and waiting requirements under ORS 540.520 (Application for change of use, place of use or point of diversion), the department shall approve by order a request for a temporary transfer under this section if the department determines that the temporary transfer will not injure any existing water right.

(3)

All uses of water for which a temporary transfer is allowed under this section shall revert automatically to the terms and conditions of the water use subject to transfer upon expiration of the temporary transfer period.

(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 (Use as measure of water right).

(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 to any existing water right.

(6)

Any map that may be required under subsection (1) of this section need not be prepared by a certified water right examiner.

(7)

The lands from which the water right is removed during the period of a temporary transfer shall receive no water under the transferred water right.

(8)

When an application for a temporary change of the place of use for a primary water right is submitted in accordance with this section, the applicant also shall indicate whether the land described in the application has an appurtenant supplemental water right or permit. If the applicant also intends to temporarily transfer the supplemental water right or permit, the applicant also shall include the information required under ORS 540.520 (Application for change of use, place of use or point of diversion) (2) for the supplemental water right or permit. If the applicant does not include the supplemental water right or permit in the temporary transfer application, the Water Resources Department shall notify the applicant that the supplemental water right or permit will be canceled before the department issues the order approving the temporary transfer of the primary water right, unless within 30 days the applicant modifies the application to include the supplemental water right or permit or withdraws the application. The department may approve the temporary transfer of the supplemental water right or permit in accordance with the provisions of this section. The department may not approve the temporary transfer of a supplemental water right or permit if the temporary transfer would result in enlargement of the original water right or injury to an existing water right. 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 for the temporary transfer of the primary water right. If the department does not allow the temporary transfer of the supplemental right, the supplemental right shall remain appurtenant to the land described in the application, but may not be exercised until the primary right reverts to the original water use. If the primary water right does not revert soon enough to allow use of water under the supplemental right within five years, the supplemental right shall become subject to cancellation for nonuse under ORS 540.610 (Use as measure of water right).

(9)

In issuing an order under subsection (2) of this section, the department shall include any condition necessary to protect other water rights. [1995 c.274 §6; 1997 c.42 §4; 1997 c.587 §12; 2001 c.788 §§3,9]

Source: Section 540.523 — Temporary transfer of water right or permit; terms; revocation; status of supplemental water right or permit, https://www.­oregonlegislature.­gov/bills_laws/ors/ors540.­html.

540.010
Water districts
540.020
Watermasters
540.030
Water Resources Director
540.045
Watermaster duties
540.050
Appearance of district attorney
540.060
Arrest by watermaster
540.075
Office and equipment for watermaster
540.080
Assistant watermasters
540.100
Division of water among users
540.120
Lien for wages and expense
540.130
Advance payment
540.135
Disposition of funds collected under ORS 540.100 to 540.130 and 540.220
540.140
Insufficiency of water
540.145
Distribution of water
540.150
Rotation in water use
540.155
Periodic review and report regarding department program for Deschutes Basin ground water study area
540.210
Distribution from ditch or reservoir
540.220
Payment of assistant watermaster
540.230
Distribution of waste or seepage water
540.240
Lien for wages and expense
540.250
Lien, notice of intent to claim
540.260
Lien for wages and expense
540.270
Distribution from irrigation districts and improvement companies
540.310
Ditches and canals
540.320
Noncompliance with requirements
540.330
Reservoirs
540.340
Reservoir and diversion dam
540.355
Inspection, evaluation and assessment of hydraulic structures
540.410
Delivery of reservoir water
540.420
Jointly owned ditches
540.430
Nonpayment by ditch co-owner
540.435
Installation of totalizing measuring device
540.440
Owner to clear weeds from ditch right of way
540.443
Definitions for ORS 540.443 to 540.491
540.446
Dams not subject to ORS 540.443 to 540.491
540.449
Construction plan approval
540.452
Removal plan approval
540.455
Dam inspections and analysis
540.458
Notice for owner corrective action to address safety issues
540.461
Plan and time frame for corrective action
540.464
Examinations, inspections and reports by specialists
540.467
Owner action to address maintenance issues
540.470
Contested case hearings
540.473
Application for injunction
540.476
Action to declare dam public nuisance
540.479
Dam owner responsibilities
540.482
Emergency action plan for dam with high hazard rating
540.485
Actual or potential dam failure
540.488
Water Resources Commission duties and powers
540.491
Dam owner or operator liability
540.505
Definitions
540.510
Appurtenancy of water to premises
540.520
Application for change of use, place of use or point of diversion
540.523
Temporary transfer of water right or permit
540.524
Substitution of supplemental water right from ground water source for primary water right from surface water source
540.525
Installation of fish screening or by-pass device as prerequisite for transfer of point of diversion
540.530
Order authorizing change of use, place of use or point of diversion
540.531
Transfer of surface water point of diversion to ground water
540.532
Request for change in point of diversion to reflect historical use
540.533
Application for exchange of water
540.535
Notice of application for exchange
540.537
Order allowing exchange
540.539
Exchange subject to beneficial use requirements
540.541
Delivery and use of water under exchange
540.543
Regulation of headgates when water provided by exchange
540.545
Transfer of water rights following county acquisition of land
540.560
Order changing description of land to which water right is appurtenant
540.570
Temporary transfers within districts
540.572
Application of certificated water elsewhere within district
540.574
Petition for approval of transfer
540.576
Notice of petition
540.578
Filing of protest
540.580
Permanent transfer of place of use of water within district
540.585
Temporary transfers within Deschutes River Basin
540.587
Report on implementation of temporary transfer provisions
540.589
Ratification of prior transfer of water rights to irrigation district
540.610
Use as measure of water right
540.612
Exemption from forfeiture
540.621
Cancellation of abandoned water right upon request of owner
540.631
Cancellation of forfeited water right
540.641
Protest of cancellation
540.650
Issuance of new water right certificate for water rights not canceled
540.660
Affidavit of watermaster that circumstances prevent use of water right in accordance with terms of certificate
540.670
Effect of cancellation of primary water right on supplemental right
540.710
Interference with headgate, or use of water denied by watermaster or other authority
540.720
Unauthorized use or waste of water
540.730
Obstruction interfering with access to or use of works
540.740
Injunctive relief against action of watermaster
540.750
Injunction suits
540.990
Criminal penalties
540.995
Civil penalties
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