OAR 690-382-0200: Layered Water Rights and Certificates of Registration

(1) Except as provided in section (5) of this rule, a change in place of use or character of use of a certificate of registration that is layered shall be recognized only if concurrent changes to the other layered water uses subject to transfer, permits, and certificates of registration are approved or recognized. (2) When reviewing an application for a registration modification, the Department shall notify the applicant if other layered water uses subject to transfer, permits, or certificates of registration are identified for which applications for concurrent changes have not been filed. The Department’s notification shall identify the layering issue(s) that must be resolved and the options for resolution outlined in section (3) of this rule and shall be sent to the applicant through issuance of an initial review. (3) The Department shall provide an applicant notified under section (2) of this rule a period of not less than 30 days to: (a) As applicable, amend the groundwater registration modification application for concurrent changes in the other layered certificates of registration, submit applications for concurrent changes in the other layered water uses subject to transfer or other layered permits, and submit an application as otherwise allowed under section (5) of this rule; (b) Submit affidavits of voluntary cancellation for the other layered water uses subject to transfer, permits, and certificates of registration; or (c) Withdraw the application. (4) If the Department determines that an application filed pursuant to (3)(a) of this rule to transfer a layered water use subject to transfer, amend a layered permit, or modify a layered certificate of registration should be denied or not recognized, the Department shall notify the applicant of the Department’s intent to issue final orders not recognizing or denying the groundwater registration modification application and all associated applications unless, within 30 days after the date of Department notification, the applicant: (a) Submits an affidavit of voluntary cancellation for the portion of the water use subject to transfer, permit, or certificate of registration that the Department has determined cannot be transferred, amended, or modified; or (b) Withdraws the applications. (5) A certificate of registration that the applicant designates as being for supplemental irrigation use may be moved separately from the associated primary irrigation water right if another primary irrigation water right with similar reliability is appurtenant to the lands to which the certificate of registration is to be moved.