OAR 690-018-0062: Completion of Conservation Project and Testing Period

(1) If the order approving the application for allocation of conserved water allows a time period for completing the conservation measures and finalizing the allocations of conserved water prior to certification, following notice from the applicant that the project has been completed, the Director shall issue a completion order: (a) Canceling the original water right certificate that is modified by the allocation of conserved water. (b) Allowing the continued use of water for the purposes and at the locations described in the original water right certificates at the reduced rate and duty prescribed under OAR 690-018-0050(7); and (c) Allowing the use and management of the conserved water as a dedication of the water instream. (2) Consistent with the order approving the allocation of conserved water and at the request of the applicant within the period allowed under OAR 690-018-0050(7)(a)(A)(ii) or -0050(7)(b)(A) for finalization of the project, the Director may increase the amount of water to be used pursuant to subsection (1)(b) of this rule and decrease by a like amount the quantity of conserved water needed to mitigate for harm to existing water rights and the quantity of conserved water to be allocated if the Director finds that the changes are necessary because the conservation project has not performed as expected and that the applicant’s use of additional water would not be wasteful. A request for additional water submitted under this section shall include sufficient information to demonstrate that: (a) The project is less effective than was expected when the order approving the allocation of conserved water was issued; (b) The lack of performance is not caused by the applicant’s failure to maintain the project; and (c) The amount of water remaining for use under the original water rights is insufficient to satisfy the beneficial uses.