OAR 690-380-2240: Layered Water Rights and Certificates of Registration

(1) Except as provided in section (5) of this rule, a change in place of use or character of use of a water use subject to transfer, or a permit that is layered shall be approved or recognized only if concurrent changes to the other layered water uses subject to transfer, permits, and certificates of registration are approved or recognized. (2) Pursuant to ORS 540.510(1), when reviewing an application for a transfer or permit amendment, the Department shall notify the applicant if other layered water uses subject to transfer, permits, or certificates of registration are identified for which applications for concurrent changes have not been filed. The Department’s notification shall identify the layering issue(s) that must be resolved and the options for resolution outlined in section (3) of this rule, and shall be sent to the applicant through either: (a) Issuance of an initial review, if required; or (b) Sending a letter by electronic means, or if requested by regular mail, for those transfers that do not require issuance of an initial review. (3) The Department shall provide an applicant notified under section (2) of this rule a period of not less than 30 days to: (a) Submit applications for concurrent changes in the other layered water uses subject to transfer, permits, and certificates of registration, or otherwise as allowed under section (5) of this rule; (b) Submit affidavits of voluntary cancellation for the other layered water uses subject to transfer, permits, and certificates of registration; or (c) Withdraw the application. (4) If the Department determines that an application filed pursuant to (3)(a) of this rule to transfer a layered water use subject to transfer, amend a layered permit, or modify a layered certificate of registration identified under section (2) of this rule should be denied or not recognized, the Department shall notify the applicant of the Department’s intent to issue final orders denying or not recognizing the application and all associated applications unless, within 30 days after the date of Department notification, the applicant: (a) Submits an affidavit of voluntary cancellation for the portion of the water use subject to transfer, permit, or certificate of registration that the Department has determined cannot be transferred, amended, or modified; or (b) Withdraws the applications. (5) A supplemental irrigation water right may be moved separately from the associated primary irrigation water right if another primary irrigation water right with similar reliability is appurtenant to the lands to which the supplemental right is to be moved.