OAR 690-077-0079: Split Season Use Instream Leasing

(1) An application for a split season use instream lease of water shall include the information required under OAR 690-077-0076 and follow the lease process described under 690-077-0077. (2) The applicant shall consult with the Department prior to submittal of the application to determine necessary measurement and reporting requirements to prevent enlargement. Measurement devices required by the Department as a result of this consultation shall be in place prior to water use for both the existing purpose and the proposed instream purpose. (3) In addition to the application requirements described in OAR 690-077-0076, split season use lease applications shall: (a) Be submitted to the Department two weeks prior to water use either for the existing purpose or for the proposed instream purpose, whichever comes first; (b) Be submitted on a form provided by the Department; (c) Describe when the water will be used for the existing purpose and when the water will be used for the instream purpose, in accordance with the following: (A) The existing water use and the instream use shall not be concurrent. However, a portion of an existing water right appurtenant to one piece of land may undergo split season use, while another portion appurtenant to a different piece of land may undergo a different time period for split season use; and (B) The type of use under a split season use may be changed only once during a calendar year, except for full-year uses which may have a single instream use period and two existing use periods; (d) Be consistent with the results of the Department consultation outlined in section (2) of this rule and shall include, but is not limited to, the following requirements specified by the Department: (A) A description of the location(s) and type(s) of measuring device(s); (B) A description of the frequency of measurements and reporting; and (C) Identification of the parties responsible for performing the respective measurements and reporting; and (e) Identify the total amount of water proposed to be used, listed by rate and duty or volume for the existing purpose and for the instream purpose, including monthly or partial season rate, duty, or volume limitations, if appropriate. (4) Upon issuance of an order approving a split season use instream lease application, consistent with the consultation and the requirements described in sections (2) and (3)(d) of this rule, the applicant (lessor or lessee), or the designated third party to be responsible for performing the measurements, shall measure and report to the Department, the amount of water used for the existing purpose authorized under the water right(s) and for the instream purpose.