OAR 690-385-5000: District Permanent Transfer of Water Right for Nonuse Criteria

Pursuant to ORS 540.572, the Department may approve a district permanent transfer application to permanently change the place of use of the water right appurtenant to land no longer irrigated or susceptible to irrigation provided: (1) The district employs a full-time manager; (2) The district is implementing an approved water management and conservation plan consistent with the requirements of OAR 690, division 086; (3) The proposed transfer involves the use of water on lands located within the boundaries of the district; (4) The district has determined a user has not made beneficial use of water for four successive years; and (5) The district provides notice to the user of intent to transfer the right and provides the user an opportunity to resolve the matter in the manner described by ORS 540.572 and OAR 690-385-5400 and 690-385-5600.