OAR 690-380-7300: Permit Amendment Final Order

(1) A permit amendment application shall be approved through issuance of a final order if the Department determines that: (a) The water right permit to be amended is not cancelled (b) The time specified in the permit to perfect the water right, or the time specified in the last-approved extension of time to perfect the water right, has not expired; (c) The proposed permit amendment would not result in enlargement as defined in OAR 690-380-0100(2); (d) The proposed permit amendment would not result in injury as defined in 690-380-0100(3); (e) All other terms of the permit remain the same, including but not limited to the beneficial use for which the water is used and the number of acres to which water is applied; (f) Prior approval is obtained from the district if the water is transported or conveyed by an irrigation district organized under ORS 545, a drainage district organized under ORS chapter 547, a water improvement district organized under ORS chapter 552, a water control district organized under chapter 553, or a district improvement company or a corporation organized under ORS chapter 554; (g) The holder of the water right permit provides written notice to the Department at least 60 days before making any changes to the lands, point of diversion or point of appropriation described in the permit; and (h) Any other requirements applicable to water right permit amendments are met. (2) For purposes of this rule, a complete permit amendment application shall serve as the written notice to the Department described in subsection (1)(g) of this rule. In no circumstance shall a permit amendment application be construed as being approved prior to the issuance of a final order to approve the application.