OAR 690-019-0055: Temporary Drought Transfers

(1) After the Governor declares that a severe, continuing drought exists, any person holding a water right permit, certificate, decree or claim to a right under ORS Chapter 539 who because of the effects of the drought is unable to use water, may apply to the Director for a temporary change in use, place of use, or point of diversion of water from another water use subject to transfer, or a claim to a right under ORS Chapter 539, without complying with the notice and waiting requirements of ORS 540.520. The Director shall approve such temporary drought transfer, with any appropriate conditions, including water use conservation, measurement and water curtailment measures, if: (a) The temporary drought transfer will not result in injury to an existing right; and (b) Total water use at the receiving location does not exceed the maximum rate and duty for the receiving location. (2) The full value of a right may be transferred. However, if a right proposed for transfer is for irrigation purposes and the transfer is made after the beginning of an irrigation season, only that portion of the right available for use during the rest of that irrigation season may be used at the new place of use. (3) A temporary drought transfer approved under this rule shall include a condition to require the Director may to revoke the temporary drought transfer order if injury to existing water rights is shown and cannot be mitigated to the satisfaction of the Director and injured parties. (4) The expiration date for the temporary drought transfer granted pursuant to this rule shall not exceed one year or the term of the Governor's declared drought, whichever is shorter, unless otherwise renewed pursuant to OAR 690-019-0085. (5) Public notice of a temporary drought transfer application or approval of such application shall be included in the Department’s weekly notice.