OAR 690-385-5600: District Permanent Transfer of Water Right for Nonuse Approval and Final Orders

A district permanent transfer application submitted under ORS 540.572 and OAR 690-385-5000 shall be approved if the Department determines that: (1) The water right proposed for transfer is subject to transfer as defined in ORS 540.505(4) and OAR 690-385-0100(17) and, for a right described under 690-385-0100(17)(d), that proof of completion has been approved under 690-385-7400; (2) The proposed transfer would not result in enlargement as defined in OAR 690-385-0100(4); (3) The proposed transfer would not result in injury as defined in OAR 690-385-0100(6); (4) Any other applicable requirements for district permanent transfers of water right for nonuse are met; (5) The district submitted the application no later than the end of the calendar year of the fifth year of nonuse under ORS 540.610(1); and (a) The district received no written objections to the proposed transfer within the 30-day time period following the mailing of notice under OAR 690-385-5100; or (b) The district board of directors submitted the permanent district transfer application after having: (A) Received written objections to the proposed transfer within the 30-day time period following the mailing of notice under OAR 690-385-5100; (B) Failed to resolve the objections; and (C) Held a hearing to review and consider the objections.