Application for change of place of use, point of diversion or use
- • contents
- • form of map
(1) Whenever the owner of a water right for irrigation, domestic use, stock water storage or other use, for any reason desires to change the place of use, the point of diversion or the use made of the water under ORS 541.327 (Failure or refusal of district to act), an application shall be filed with the Water Resources Department.
(2) The application required under subsection (1) of this section shall include:
(a) The name of the owner;
(b) The previous use of the water;
(c) A description of the premises upon which the water is used;
(d) A description of the premises upon which it is proposed to use the water;
(e) The use which is proposed to be made of the water;
(f) The reasons for making the proposed change;
(g) If the application is made under ORS 541.327 (Failure or refusal of district to act) (1), evidence that the water has been used within the past five years upon lands owned or controlled by the owner of the water right;
(h) In the event the application is made pursuant to ORS 541.327 (Failure or refusal of district to act) (2), evidence that the water has been used within the past five years in the quarter quarter of a section; and
(i) The approval of the district in which the water right is located.
(3) The description of the premises or mapping required under ORS 541.329 (Petition for approval of district map) (2) shall not require a map prepared by a certified water right examiner, but shall be in a form satisfactory to the Water Resources Commission. If the water right is on a tract of land of five acres or less, the assessor’s tax map with a notation of the acres of water right shall be sufficient for identification of the tract and place of use.
(4) A certificate issued under this section has the evidentiary effect provided for in ORS 537.270 (Conclusiveness of certificate) except when the right to appropriate water described in the certificate is abandoned after the certificate is amended or issued. [1989 c.1000 §5; 1995 c.554 §8]
Note: See note under 541.325 (Definitions for ORS 541.327 to 541.333).
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