OAR 690-385-3145: Temporary Change in Point of Diversion in Response to an Emergency

(1) As provided in ORS 540.570, a temporary change in point of diversion may be made in response to an emergency as defined in OAR 690-385-0100(19). (2) A temporary change in point of diversion is restricted to the same source of surface water or to ground water from an unconfined aquifer that is hydraulically connected to the same source of surface water pursuant to OAR 690-385-3150, and shall be limited to diverting no more than the quantity of water available for diversion from the surface water source at the original point of diversion. (3) Pursuant to OAR 690-385-3000(1), a district may submit and the Department may approve an application for a temporary change in point of diversion in response to an emergency for a period of time not to exceed one irrigation season. (4) If more than one irrigation season is necessary to correct the emergency under OAR 690-385-0100(19), a district shall submit an application for a temporary change in point of diversion for the succeeding irrigation season. (5) Under this rule, a district may be limited to filing no more than two temporary transfer applications, for successive irrigation seasons, in response to the same emergency. (6) An applicant shall not divert water from a temporary change in point of diversion in response to an emergency prior to: (a) Submitting a complete application as required under OAR 690-385-3200(3)(a)(C) that lists the agencies and governments and contact names with whom the applicant has notified and consulted; and (b) Consulting with applicable state agencies such as ODFW and DSL, and applicable local governments and tribal governments about the temporary change in point of diversion. (7) The Department shall consult with ODFW to determine whether a fish screen device is necessary for the diversion pursuant to OAR 690-385-3520. (8) Pursuant to OAR 690-385-3500, a final order approving a temporary change in point of diversion in response to an emergency may include any conditions or restrictions necessary to prevent injury to another water right. (9) If the proposed transfer affects an instream water right, the Department shall develop any conditions or restrictions necessary to prevent injury to the instream water right in consultation with the state agency that has management responsibility for the resources protected by the instream water right. (10) The Department, may at any time upon determining a temporary change in point of diversion results in injury to an existing water right: (a) Impose conditions to prevent injury; or (b) Reject or revoke the change.