ORS 540.572
Application of certificated water elsewhere within district

  • notice

(1)

Upon compliance with this section and ORS 540.574 (Petition for approval of transfer) and 540.576 (Notice of petition), whenever land within the legal boundaries of a district is no longer irrigated or susceptible of irrigation, the district may apply the certificated water to which such land is entitled to other irrigable lands within the legal boundaries of the district if the district:

(a)

Is managed by a full-time manager; and

(b)

Is implementing a conservation plan approved by the Water Resources Commission, and meets all other management responsibility criteria for districts and conservation and efficiency criteria required by the Water Resources Commission.

(2)

If a water user of a district has not made beneficial use of the water to which the user is entitled for a period of four successive years, the district shall advise the user and any security interest holder of record that if the user does not use the water for a fifth successive year, the district may petition the Water Resources Commission for a transfer of the water right under ORS 540.574 (Petition for approval of transfer).

(3)

When a district wishes to transfer the use of water under this section, the district shall provide notice of its intent to petition for a transfer to the user and any security interest holder of record of the land whose right of record would be transferred. The notice shall be sent to the last-known address for the user with a return receipt requested.

(4)

The notice required under subsection (3) of this section shall:

(a)

Include:

(A)

The number of acres for which the user is being charged or assessed;

(B)

A general description or tax lot of the land to which the water is assigned;

(C)

A description of the use; and

(D)

A request for confirmation that the information in the notice is correct.

(b)

Advise the user that:

(A)

The district has determined that the user’s land is no longer irrigated or susceptible of irrigation and that the district intends to petition the Water Resources Commission for approval to transfer the user’s water right to other lands in the district.

(B)

If the user disagrees with the determination of the district that the user’s land is no longer irrigated or susceptible of irrigation or if the user has some other objection to the proposed action of the district, the user shall so advise the district in writing within 30 days after the notice is mailed.

(C)

The user shall advise the district in writing within the foregoing time period if the user believes the presumption of forfeiture under ORS 540.610 (Use as measure of water right) is rebuttable for a reason provided under ORS 540.610 (Use as measure of water right).

(5)

If the district receives a written objection within 30 days after the mailing of the notice under subsection (3) of this section, the district manager shall attempt to resolve the matter with the user. If the user’s objections cannot be resolved by the manager, a hearing shall be held before the board of directors who shall make a determination whether to proceed with the petition to the Water Resources Commission.

(6)

If no written objections are received by the district within 30 days after the mailing of the notice under subsection (3) of this section, or following resolution or hearing under subsection (5) of this section, the district may petition the Water Resources Commission for approval of the transfer under ORS 540.574 (Petition for approval of transfer).

(7)

As used in this section:

(a)

“Irrigable land” means land that is currently under irrigation or susceptible of irrigation for agricultural, horticultural, viticultural or grazing purposes.

(b)

“No longer irrigated or susceptible of irrigation” means:

(A)

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

(B)

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

(c)

“Owned” or “controlled” means ownership in fee, purchase on a land sale contract, option to purchase or lease.

(d)

“User” means an owner of land with an appurtenant water right who is subject to the charges or assessments of a district and from whose land the water right would be transferred by the petition and map filed under ORS 540.574 (Petition for approval of transfer) and an owner of land to which the water right would be transferred. [1991 c.957 §3]

Source: Section 540.572 — Application of certificated water elsewhere within district; notice, 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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