OAR 690-077-0070: Application for Instream Transfer

(1) As provided in ORS 537.348(1), any person may apply for an instream transfer, including a time-limited instream transfer. (2) A holder of a water use subject to transfer that is for surface water, above-ground storage of surface water, or the use of stored surface water may change all or a portion of the right. (3) For an instream transfer of an above-ground storage right, the applicant shall consult with the watermaster prior to submittal of the application to determine necessary measurement and reporting requirements to prevent enlargement. (4) An application for instream transfer shall include the following information: (a) The transfer application requirements described in OAR 690-380-3000, except that the application map for instream transfer shall be consistent with the requirements outlined under OAR 690-077-0071; (b) Description of the time periods of the instream use and quantity of water to be transferred to instream use; (c) The location of the proposed instream use. If a reach or lake level is requested, identify the upstream and downstream extent of the reach or the appropriate lake level; (d) Recommendations, if any, for conditions on the instream water right that would avoid taking away or impairing existing permitted, certificated or decreed rights. Such conditions may include, but are not limited to the instream flow levels in cfs per month or total acre feet, the effective reach(es) or lake levels of the instream flow, measuring locations and the strategy for monitoring the instream flow or lake levels; and (e) For a time-limited instream transfer, the duration or number of years for which the time-limited instream transfer is being requested and the requested provisions, if any, for early termination. (5) For instream transfer of an above-ground storage right, in addition to the application requirements under section (4) of this rule, the application shall: (a) Be consistent with the results of the watermaster consultation outlined in section (3) of this rule and shall include, but is not limited to, the following requirements specified by the watermaster: (A) A description of the location(s) and type(s) of measuring device(s); (B) A description of the frequency of the measurements; and (C) Identification of the parties responsible for performing the respective measurements; (b) Identify the total volume or rate authorized under the above-ground storage right; (c) Identify the total volume or rate of the above-ground storage right that is allocated to secondary water right(s) for use of the stored water and the associated permit or certificate number(s) of the secondary water right(s); (d) Identify the total volume or rate of the above-ground storage right proposed for instream transfer; and (e) Include affidavits of voluntary cancellation for secondary water right(s), as applicable, if the combined total volume or rate of subsections (5)(c) and (5)(d) of this rule exceeds the volume or rate identified under subsection (5)(b) of this rule, to ensure the authorized volume or rate of water under the above-ground storage right is not exceeded. (6) The Department may require additional information needed to complete the evaluation of the proposed conversion under this rule.