OAR 690-019-0058: Temporary Drought Instream Leases

(1) Notwithstanding the requirements of OAR 690-077-0077, after the Governor declares that a severe, continuing drought exists, any person holding a water use subject to transfer may enter into a temporary drought instream lease agreement to convert a water right or a portion of a water right to an instream water right. The Director shall approve a temporary drought instream lease provided: (a) The temporary drought instream lease will not result in injury to an existing right; and (b) Total water use for the proposed instream lease will not exceed the amount in the leased right. (2) The full value of a right may be leased. However, if a right proposed for lease is for irrigation purposes and the lease is made after the beginning of an irrigation season, only that portion of the right available for use during the remainder of that irrigation season may be used for the instream water right. (3) A temporary drought instream lease approved under this rule shall include a condition to require the Director to revoke the temporary drought instream lease 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 instream lease 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 instream lease application or approval of such application shall be included in the Department’s weekly notice.