OAR 736-060-0040: Purchase, Lease, or Gift of Water Rights for Instream Water Rights

(1) The Department may purchase, lease, or accept as gifts, water rights for the purpose of transferring the water right to an instream water right for the public uses and purposes set forth in OAR 736-060-0000 through 736-060-0040: (a) Water rights that may be transferred to instream water rights shall be reviewed for potential benefits and adverse impacts to recreation values and scenic attraction; (b) Standards set out in this rule shall apply to establish priorities for water rights that are to be bought or leased; (c) Gifts of water rights shall be accepted regardless of priorities set out in OAR 736-060-0020, if the transfer does not harm recreation or scenic attraction values. Donors of gifts shall be recognized through a formal Commission process. (2) Instream water rights are held by the Water Resources Department in the public interest in accordance with ORS 537.332 to 537.360.