OAR 690-380-8003: Renewal of a Previously Approved Temporary Transfer Application under OAR 690-380-8000(1)

(1) Any person who holds a water use subject to transfer for which a temporary transfer application was approved within the past 5 years may request that the Department approve renewal of the temporary transfer for a period of not to exceed five years. (2) A request for renewal of a previously approved temporary transfer shall be submitted on the application form provided by the Department titled “Temporary Transfer Renewal” and shall include the following: (a) The Temporary Transfer Application number the applicant is requesting to be renewed; (b) The length of time for which the renewal is being requested; (c) The name of the deeded landowner of the land to which the water right is appurtenant and a copy of the recorded deed to the subject lands. If the applicant is not the deeded landowner, the applicant shall provide a notarized statement from the landowner authorizing the renewal; (d) Land use information as outlined in the Department’s Land Use Planning Procedures Guide, except for those transfers that meet the following four requirements: (A) Where existing and proposed water uses would be located entirely within lands zoned for exclusive farm use as provided in ORS 215.203 or within irrigation districts; (B) That involve changes in place of use only; (C) That do not involve the placement or modification of structures including but not limited to water diversion, impoundment, or distribution facilities, water wells, and well houses; and (D) That involve irrigation water uses only. (e) An oath that the information contained in the renewal application is true and accurate; (f) The signature of the applicant, and if an entity, the title of the person signing the form; (g) The appropriate fee pursuant to ORS 536.050; and (h) A notarized statement from the applicant indicating that: (A) All changes previously approved under the temporary transfer remain the same; (B) The use of water under the previously approved temporary transfer was made in accordance with the terms and conditions of the approval order; (C) All measurement devices required as a condition of the previously approved temporary transfer shall remain in place and in good working order; and (D) The applicant will continue to comply with all other conditions of the previously approved temporary transfer. (3) Notwithstanding the requirements of OAR 690-380-4020, the Department shall issue an order to approve a request for renewal of a previously approved temporary transfer under this rule if the Department determines that the temporary transfer will not injure any existing water right and will not result in enlargement as defined in OAR 690-380-0100(2). In issuing the renewal order, the Department may include any conditions: (a) Necessary to protect other water rights; and (b) Necessary to comply with the requirements outlined in OAR 690-380-8010 and OAR 690-380-8020. (4) All uses for which a renewed temporary transfer is allowed under this rule shall revert automatically to the terms and conditions of the water use subject to transfer upon expiration of the temporary transfer renewal period, or earlier if requested in writing by the applicant. (5) The time during which water is used under an approved temporary transfer renewal order does not apply toward a finding of forfeiture under ORS 540.610. (6) The Department may revoke a prior approval of the temporary transfer renewal at any time if the Department finds that the transfer is causing injury or is resulting in enlargement. (7) If the Department determines that the application is incomplete or defective, that any of the proposed terms of the renewal are not the same as the previously approved temporary transfer, or that all fees have not been paid, the Department shall return the application.