ORS 540.520: Application for change of use, place of use or point of diversion; public notice; protest; proposed final order; hearing; exemptions.

(1)(a) Except when the application is made under ORS 541.327 or when an application for a temporary transfer is made under ORS 540.523, if the holder of a water use subject to transfer for irrigation, domestic use, manufacturing purposes, or other use, for any reason desires to change the place of use, the point of diversion, or the use made of the water, an application to make such change, as the case may be, shall be filed with the Water Resources Department. (b) A holder of a water right certificate that authorizes the storage of water may change the type of use identified in the water right certificate, as described in this section. (2) The application required under subsection (1) of this section shall include: (a) The name of the owner; (b) The previous use of the water; (c) A description of the premises upon which the water is used; (d) A description of the premises upon which it is proposed to use the water; (e) The use that is proposed to be made of the water; (f) The reasons for making the proposed change; and (g) Evidence that the water has been used over the past five years according to the terms and conditions of the owner’s water right certificate or that the water right is not subject to forfeiture under ORS 540.610. (3) If the application required under subsection (1) of this section is necessary to allow a change in a water right pursuant to ORS 537.348, is necessary to complete a project funded under ORS 541.932, or is approved by the State Department of Fish and Wildlife as a change that will result in a net benefit to fish and wildlife habitat, the Water Resources Department, at the discretion of the Water Resources Director, may waive or assist the applicant in satisfying the requirements of subsection (2)(c) and (d) of this section. The assistance provided by the department may include, but need not be limited to, development of an application map. (4) If the application is to change the point of diversion, the transfer shall include a condition that the holder of the water right provide a proper fish screen at the new point of diversion, if requested by the State Department of Fish and Wildlife. (5) The Water Resources Department shall undertake an initial review of an application under subsection (1) of this section. (6)(a) Upon completion of the initial review, the department shall notify the applicant of its preliminary determinations, identify any outstanding information that is necessary to continue processing the application and allow the applicant 30 days from the date of notice to: (A) Notify the department to stop processing the application; or (B) Notify the department to continue processing the application and provide any outstanding information to the department. (b) If, within 30 days from the date of the notice, the applicant does not notify the department as provided in paragraph (a) of this subsection, does not provide all outstanding information as provided in paragraph (a)(B) of this subsection or notifies the department to stop processing the application, the department shall close the file for the application and take no further action on the application. The department may allow an applicant up to 60 additional days to provide outstanding information if the applicant requests additional time and the department determines that the applicant is undertaking reasonable efforts to provide the information in a timely manner to the department. (c) If, within 30 days from the date of the notice or an additional time period allowed under paragraph (b) of this subsection, the applicant notifies the department to proceed with the application and provides any outstanding information necessary to continue processing the application, the department shall: (A) Proceed with processing the application. (B) Give notice of the initial review in the weekly public notice of the department and accept written public comments for 30 days. (7) Upon issuance of a proposed final order, the department shall give notice of the order in the weekly public notice of the department. If the department determines that more than five water rights would be injured as a result of the change proposed in an application under subsection (1) of this section, the department shall publish notice once each week for two consecutive weeks in a newspaper of general circulation in the area in which the water rights are located. The cost of the publication shall be paid by the applicant in advance to the department. (8) Within 30 days after the publication in the department’s weekly public notice any person may file a protest against the proposed final order. (9) The provisions of ORS 536.076 and 536.077, and rules adopted thereunder, apply to a contested case proceeding on a proposed final order issued under this section. (10) If in the opinion of the Water Resources Director a hearing is necessary to determine whether the proposed changes as described by the application would result in injury to existing water rights, the department shall hold a hearing on the matter. (11) An application for a change of use under this section is not required if the beneficial use authorized by the water use subject to transfer is irrigation and the owner of the water right uses the water for incidental agricultural, stock watering and other uses related to irrigation use, so long as there is no increase in the rate, duty, total acreage benefited or season of use. (12) A water right transfer under subsection (1) of this section is not required for a general industrial use that was not included in a water right certificate issued for a specific industrial use if: (a) The quantity of water used for the general industrial use is not greater than the rate allowed in the original water right and not greater than the quantity of water diverted to satisfy the authorized specific use under the original water right; (b) The location where the water is to be used for general industrial use was owned by the holder of the original water right at the time the water right permit was issued; and (c) The person who makes the change in water use provides the following information to the Water Resources Department: (A) The name and mailing address of the person using water under the water right; (B) The water right certificate number; (C) A description of the location of the industrial facility owned by the holder of the original water right at the time the water right permit was issued; and (D) A description of the general industrial use to be made of the water after the change. [Amended by 1983 c.807 §1; 1985 c.673 §94; 1987 c.339 §3; 1989 c.1000 §7; 1995 c.274 §7; 1995 c.490 §2; 1997 c.42 §3; 1999 c.555 §4; 1999 c.664 §2; 2011 c.52 §6; 2021 c.633 §2; 2025 c.575 §§20,20a] 540.520. (1)(a) Except when the application is made under ORS 541.327 or when an application for a temporary transfer is made under ORS 540.523, if the holder of a water use subject to transfer for irrigation, domestic use, manufacturing purposes, or other use, for any reason desires to change the place of use, the point of diversion, or the use made of the water, an application to make such change, as the case may be, shall be filed with the Water Resources Department. (b) A holder of a water right certificate that authorizes the storage of water may change the type of use identified in the water right certificate, as described in this section. (2) The application required under subsection (1) of this section shall include: (a) The name of the owner; (b) The previous use of the water; (c) A description of the premises upon which the water is used; (d) A description of the premises upon which it is proposed to use the water; (e) The use that is proposed to be made of the water; (f) The reasons for making the proposed change; and (g) Evidence that the water has been used over the past five years according to the terms and conditions of the owner’s water right certificate or that the water right is not subject to forfeiture under ORS 540.610. (3) If the application required under subsection (1) of this section is necessary to allow a change in a water right pursuant to ORS 537.348, is necessary to complete a project funded under ORS 541.932, or is approved by the State Department of Fish and Wildlife as a change that will result in a net benefit to fish and wildlife habitat, the department, at the discretion of the Water Resources Director, may waive or assist the applicant in satisfying the requirements of subsection (2)(c) and (d) of this section. The assistance provided by the department may include, but need not be limited to, development of an application map. (4) If the application is to change the point of diversion, the transfer shall include a condition that the holder of the water right provide a proper fish screen at the new point of diversion, if requested by the State Department of Fish and Wildlife. (5) Upon the filing of the application the department shall give notice by publication in a newspaper having general circulation in the area in which the water rights are located, for a period of at least two weeks and not less than one publication each week. The notice shall include the date on which the last notice by publication will occur. The cost of the publication shall be paid by the applicant in advance to the department. In applications for only a change in place of use or for a change in the point of diversion of less than one-fourth mile, and where there are no intervening diversions between the old diversion of the applicant and the proposed new diversion, no newspaper notice need be published. The department shall include notice of such applications in the weekly notice published by the department. (6) The department shall issue a proposed final order approving or denying the application or approving the application with modifications or conditions. Within 30 days after the publication in the department’s weekly public notice any person may file a protest against the proposed final order. (7) The provisions of ORS 536.076 and 536.077, and rules adopted thereunder, apply to a contested case proceeding on a proposed final order issued under this section. (8) If in the opinion of the Water Resources Director a hearing is necessary to determine whether the proposed changes as described by the application would result in injury to existing water rights, the department shall hold a hearing on the matter. (9) An application for a change of use under this section is not required if the beneficial use authorized by the water use subject to transfer is irrigation and the owner of the water right uses the water for incidental agricultural, stock watering and other uses related to irrigation use, so long as there is no increase in the rate, duty, total acreage benefited or season of use. (10) A water right transfer under subsection (1) of this section is not required for a general industrial use that was not included in a water right certificate issued for a specific industrial use if: (a) The quantity of water used for the general industrial use is not greater than the rate allowed in the original water right and not greater than the quantity of water diverted to satisfy the authorized specific use under the original water right; (b) The location where the water is to be used for general industrial use was owned by the holder of the original water right at the time the water right permit was issued; and (c) The person who makes the change in water use provides the following information to the Water Resources Department: (A) The name and mailing address of the person using water under the water right; (B) The water right certificate number; (C) A description of the location of the industrial facility owned by the holder of the original water right at the time the water right permit was issued; and (D) A description of the general industrial use to be made of the water after the change.