OAR 690-380-2110: Change in Point of Diversion or Point of Appropriation

(1) No change in point of diversion or appropriation may be made except as described under OAR 690-380-0010 or as approved or recognized by the Department through a water right transfer, permit amendment under ORS 537.211 and OAR 690-380-7000 to OAR 690-380-7300, certificate of registration modification under OAR chapter 690, division 382, or allocation of conserved water under OAR chapter 690, division 18. (2) Except as provided in ORS 540.531 and OAR 690-380-2130, a change in point of diversion is restricted to the same source of surface water. A change in point of appropriation under a water right or certificate of registration modification is restricted to the same aquifer, as defined in OAR 690-200-0050(9). (3) The Department may: (a) condition the transfer to prevent injury or enlargement resulting from the change.; and (b) deny a change in the point of appropriation pursuant to ORS 540.586. (4) As provided in ORS 450.695(2), a water authority may change the points of diversion or appropriation or move the water intake sources of the water use permits or certificates conveyed to it by the districts and municipalities that formed the water authority. For the purposes of this subsection, moving a water intake source is the same as changing the location of a point of diversion. Water authorities shall be subject to the following requirements: (a) A request by a water authority to change the location of a point of diversion or appropriation from that authorized by a water right certificate shall be made pursuant to ORS chapter 540 and OAR chapter 690, division 380 transfer rules; (b) A request by a water authority to change the location of a point of diversion or appropriation authorized by a water use permit for which a request for issuance of a water right certificate under ORS 537.250 has been received and approved by the Commission under ORS 537.250, shall be subject to the same statutory and administrative review criteria prescribed by ORS chapter 540 and OAR chapter 690, division 380 transfer rules for water uses subject to transfer; and (c) A request by a water authority for changes in the location of the point of diversion or appropriation for water right permits other than those covered under subsection (3)(b) of this rule, shall be made pursuant to ORS 537.211 and OAR 690-380-7000 to OAR 690-380-7300.