OAR 690-380-5000: Approval of Transfers

(1) A transfer application shall be approved if the Department determines that: (a) The water right affected by the proposed transfer is a water use subject to transfer as defined in ORS 540.505(4) and OAR 690-300-0010(59)) and, for a right described under 690-300-0010(59)(d), the proof of completion has been approved under OAR 690-380-6040; (b) The portion of the water right to be transferred is not cancelled pursuant to ORS 540.610; (c) The right has been used over the past five years according to the terms and conditions of the right and that the right is not subject to forfeiture under ORS 540.610; (d) The water user is ready, willing and able to use the portion of the right to be transferred; (e) The proposed transfer would not result in enlargement as defined in OAR 690-380-0100(2); (f) Except as provided in OAR 690-380-5030, the proposed transfer would not result in injury as defined in OAR 690-380-0100(3); and (g) Any other requirements for applicable to water right transfers are met. (2) If no protest of a proposed final order is timely received, as a matter of law, the proposed final order shall become a final order, and if applicable draft remaining right certificate(s) shall become final on the date that is 33 days after the close of the time period for submitting a protest, with no further action required by the Department. (3) Not more than 33 days after the close of the time period for submitting a protest, the department may withdraw a proposed final order for reconsideration and issuance of a superseding proposed final order.