ORS 540.586: Denial of change in point of appropriation; exceptions.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
The Water Resources Department may deny a change in the point of appropriation under ORS 540.505 to 540.586 for a ground water right if the proposed point of appropriation is for a source of ground water restricted under ORS 536.415 and the proposed use is subject to the restrictions, unless the proposed point of appropriation is: (1)(a) In a critical ground water area designated under ORS 537.730; (b) In the same aquifer as the existing point of appropriation; and (c) In the same portion of the critical ground water area as the existing point of appropriation; (2) In an area for which a ground water bank that is established by law or by rule mitigates the effects of the use of ground water; or (3) Related to the recovery of stored ground water under an artificial recharge or aquifer storage and recovery project. [2025 c.282 §24]
Official history and status
History: Note: 540.586 becomes operative April 1, 2026, and applies to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025.
Administrative rules citing this section
- OAR 690-013-0005: Introduction — implements
- OAR 690-013-0010: Definitions — implements
- OAR 690-013-0030: Eligibility to Petition — implements
- OAR 690-013-0050: Individual Applications — implements
- OAR 690-013-0070: Interim Transfers — implements
- OAR 690-013-0100: District Petitions — implements
- OAR 690-013-0110: Requests for Additional Information — implements
- OAR 690-013-0150: District Shall Certify Petition — implements
- OAR 690-013-0310: Processing of Petition — implements
- OAR 690-013-0350: Field Verification of the Petition and Map — implements
- OAR 690-380-2110: Change in Point of Diversion or Point of Appropriation — implements
This rule cites
- ORS 540.505 — resolved
- 540.586 — resolved
- ORS 536.415 — resolved
- ORS 537.730 — resolved
Cited by
- ORS 537.010: Definition of “Water Rights Act.”
- ORS 537.348: Purchase, lease or gift of water right for conversion to in-stream water right; priority dates; split use.
- ORS 537.490: Use of conserved water; notice of dispensation of right to use.
- ORS 540.505: Definitions.
- ORS 540.545: Transfer of water rights following county acquisition of land.
- ORS 545.484: Computation of amount to be raised; apportionment of charges; fixing due date and delinquency date; fee for other services.
- OAR 690-380-2110: Change in Point of Diversion or Point of Appropriation
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors540.html