OAR 690-380-2330: Substitution of Supplemental Groundwater Right for Primary Surface Water Right

(1) As provided in ORS 540.524, the holder of both a primary surface water right certificate and a supplemental ground water right certificate or permit may substitute the use of the supplemental water right for the primary water right. This rule does not authorize a change in place of use, character of use, point of diversion or point of appropriation. (2) A substitution may not be made under section (1) of this rule if the use of the supplemental water right results in an enlargement of the primary water right or if the use results in injury to other existing water rights. (3) An application shall be submitted on a form provided by the Department with the appropriate fee as established under ORS 536.050. The Department may request additional information if necessary to assist with the injury and enlargement evaluation. (4) Upon receiving an application, the Department shall provide notice of the application in the Department’s weekly public notice and accept written public comments for 30 days. (5) The Director shall issue a proposed final order recommending approval or denial of the substitution within 90 days after the Department receives an application under section (1) of this rule. If the proposed substitution will result in injury or enlargement, the Director shall prohibit or condition the use to avoid or mitigate the injury or enlargement. The Department shall provide notice of the proposed final order and accept protests and requests for party status in the manner described in OAR 690-380-4020 and 690-380-4030. (6) For the purpose of this rule, a substituted primary surface water right shall be treated as a supplemental water right and a substituted supplemental ground water right shall be treated as a primary water right. (7) A completed and approved substitution of a supplemental ground water right for a primary surface water right under this rule may be terminated upon a request by the water right holder or by an order of the Director if the Director determines that the use of the ground water as the primary water right causes injury or enlargement. Upon termination, the substituted primary and supplemental water rights shall revert back to their original status. (8) Following approval of a substitution as outlined in section (7) of this rule, no change in place of use, character of use, point of diversion, or point of appropriation may occur except upon termination of the substitution and approval of a new transfer application.