OAR 690-380-3410: Waiver of Mapping Requirements

(1) The Director may waive or assist the applicant in satisfying the requirements of OAR 690-380-3100 for a change to a water right subject to transfer under ORS 540.520 or 540.523, if the change is: (a) To establish an instream water right pursuant to ORS 537.348; (b) Necessary to complete a project funded by the Oregon Watershed Enhancement Board under ORS 541.932; or (c) Determined and endorsed in writing by ODFW as a change that will result in a net benefit to fish and wildlife habitat. (2) A request to waive or assist the applicant in satisfying the mapping requirements of OAR 690-380-3100 shall be submitted on a form provided by the Department. The form must be completed by the applicant and signed by the appropriate field staff prior to submittal of the transfer application. (3) A waiver of mapping requirements under this rule shall only be approved if: (a) The transfer would establish an instream water right as described in subsection (1)(a) of this rule: (A) If the entirety of the right is being transferred to an instream water right and the location of the instream water right can be clearly delineated through reference to the existing point of diversion for the transferred right and other points of diversion or geographic reference points such as the mouth of the stream; or (B) A map meeting the requirements of OAR 690-380-3100 is available showing the lands not included in the transfer and the location of the instream water right can be clearly delineated through reference to the existing point of diversion for the transferred right and other points of diversion or geographic reference points such as the mouth of the stream. (b) At the determination of the Director, other circumstances are present that make an application map unnecessary. (4) The assistance provided by the Department may include, but need not be limited to, development of an application map.