OAR 690-019-0059: Temporary Substitution of Supplemental Ground Water Right for Surface Water Primary Right

(1) After the Governor declares that a severe, continuing drought exists, any person holding both a primary water right originating from a surface water source and a supplemental water right from a ground water source may apply to the Director to temporarily substitute the use of the supplemental right for the primary right. Applications must be for use in a designated drought area. The fee required under OAR 690-019-0100(4) shall accompany the application. Application forms may be obtained from the Department. (2) The Department shall expedite the notice and waiting requirements of ORS 540.524. Upon receiving a completed application under section (1) of this rule, notice of the proposed temporary substitution application, or proposed approval of the application shall be included in the weekly notice published by the Department. (3) Within 10 days after publication of the notice under section (2) of this rule, any person may file with the Department a protest against approval of the application. If a timely protest is filed, the Department shall hold a hearing on the matter pursuant to ORS 540.520(7). (4) The Director shall approve a temporary substitution, with any appropriate conditions, including water use conservation, measurement, and water curtailment measures, provided the proposed substitution will not result in injury to other water rights. The Director may condition the approval of a temporary substitution to avoid or mitigate injury. (5) A temporary substitution approved under this rule shall include a condition to require the Director to revoke the temporary substitution order if injury to existing water rights is shown and cannot be mitigated to the satisfaction of the Director and the injured parties. (6) The expiration of a temporary substitution granted under 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.