OAR 690-315-0020: Application for Extension of Time for Other Than Municipal and Quasi-Municipal Water Use Permits

(1) Under this rule, unless otherwise specified in ORS 537.230 or ORS 537.630, water right permit holders for other than municipal or quasi-municipal uses may apply to the Department for one extension of time to complete construction and/or apply the water to the full beneficial use pursuant to ORS 537.230 or 537.630, as follows: (a) For extension of time applications submitted on or after April 1, 2026, for group domestic and group domestic expanded water use permits, a maximum of 10 years from the date of issuance of an extension final order may be granted. (b) For other than group domestic and group domestic expanded water use permits, a maximum of two years from the date of issuance of an extension final order may be granted, provided: (A) A proposed final order on the water right permit application was issued before April 1, 2026, and the extension application is submitted on or after April 1, 2026; or (B) The extension application was submitted before April 1, 2026, and a proposed final order on the extension application has not been issued before April 1, 2026. (2) To apply for an extension of time to complete construction and/or to apply the water to the full beneficial use, a water right permit holder shall submit to the Department a completed extension application. A separate extension application must be completed for each permit. Application forms are available from the Department. (3) The completed extension application must include the fee specified in ORS 536.050 and an application form setting forth: (a) The name and mailing address of the water right permit holder(s); (b) The permit number for which an extension is requested; (c) If the water right permit holder receives delivery of the subject water right permit from a municipality, municipal corporation, or other special district, the applicant shall provide the name of the entity and evidence that a copy of the application for extension of time has been provided to the entity responsible for delivering the water; (d) Evidence of the actions taken to begin actual construction within the time period in the permit or previous extension: (A) "Actual construction" means physical work performed towards completion of the water system, which demonstrates both the present good faith of the water right permit holder and the water right permit holder's intention to complete the project with reasonable diligence; (B) "Actual construction" does not include planning a diversion system, formulating a business plan, securing financing, letting contracts, purchasing but not installing equipment, or surveying. (e) Evidence of progress made toward completion of the water development and application to full beneficial use, which includes but is not limited to: (A) The annual accomplishments toward perfecting the water right under the terms and conditions of the permit, including the dates on which each condition contained in the relevant permit and any previous extension(s) was satisfied or the reason the condition was not satisfied; (B) The maximum rate, or duty if applicable, of diversion, if any, made to date; and (C) If for irrigation, a listing by year of the number of acres irrigated each year since permit issuance, the total number of acres irrigated to date under the permit or previous extension, and a copy of the application map showing the acres irrigated. (f) A description of financial expenditures made toward completion of the water development; (g) An estimate of the cost to complete the water development; (h) A summary of any additional unforeseen events which delayed completion of the water development or application of water to full beneficial use, including other governmental requirements, if any, relating to the project which have significantly delayed completion of construction or perfection of the right; (i) The date by which the water development will be completed and water put to full beneficial use; (j) A summary of the applicant's plan and schedule to complete construction and/or perfect the water right; (k) Justification of why the requested time in subsection (i) is needed to complete the project and/or apply the water to full beneficial use; (l) A description of any undue hardship to the applicant which will result from denial of the extension, and that there are no other reasonable alternatives for meeting water use needs; (m) Any other information the applicant determines is relevant to evaluate the application in accordance with applicable statutes and these rules; and (n) Any other information required in the application form that is necessary to evaluate the application in accordance with applicable statutory requirements. (4) If the Department does not receive a claim of beneficial use or an extension application within 90 days after the required date of completion specified by the permit or previous permit extension, the Department may begin cancellation proceedings on the permit pursuant to ORS 537.260 or 537.410.