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Other Transfers

​If an individual (not a company, government body, or other entity) has been using a diversion point for more than ten years that is not the authorized POD, the individual may request an abbreviated transfer process to change the certificated POD to the current POD. This change may only be made if there have been no complaints about the alternate POD and if the change can take place without causing injury to other water rights. please refer to ORS 540.532 and OAR 690-380 for more information.​

​Upon the Governor’s issuance of an Executive Order declaring a drought emergency, the Department is allowed to offer certain tools to water right holders in a drought declared County.

These tools have an expedited review process, reduced fee schedule, and are intended to be short-term emergency authorizations, not permanent solutions to deal with water supply challenges. Water right holders seeking long-term solutions should contact their Watermaster to help identify what options may exist. For more information, please refer to ORS 536-750 and OAR 690.019​.​

​Changing to a general industrial use that was not included in a water right certificate issued for a specific industrial use does not require the filing of a Transfer Application, provided that:

  • 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;
  • 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
  • The person who makes the change in water use provides the following information to the Department:
    • The name and mailing address of the person using water under the water right;
    • The water right certificate number;
    • 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
    • A description of the general industrial use to be made of the water after the change. 

No fee is required for this type of change.  For more information, please refer to ORS 540.520 (9) and OAR 690-380.​

​POD changes or additional PODs necessitated by government action that creates a reasonable expectation of a change in the surface level of a surface water source that impairs or threatens to impair access to an authorized POD do not require the filing of a Transfer Application, provided that the owner notifies the Department in writing before changing the POD. The change may be approved unless it would result in injury to other existing water rights.  All other terms and conditions of the water right remain in effect. No fee is required for this type of change.  Please refer to ORS 540.510(6) and OAR 690-380 for more information.​

​For surface water rights, an application proposing a transfer of the authorized POD to allow the appropriation of groundwater may be allowed if:

  1. The new POD appropriates groundwater from an aquifer that is hydraulically connected to the authorized surface water source;
  2. The proposed change in POD will not result in enlargement of the original water right or in injury to other water right holders;
  3. The use of the new POD will affect the surface water source similarly to the authorized POD specified in the water use subject to transfer; and
  4. The withdrawal of groundwater at the new POD is located within 500 feet of the surface water source and, when the surface water source is a stream, is also located within 1,000 feet upstream or downstream of the original POD as specified in the water use subject to transfer. 

If the withdrawal of groundwater at the new POD is not located within the distance requirements set forth in Item 4 above, the holder of the surface water right must submit to the department evidence prepared by a licensed geologist that demonstrates that the use of the groundwater at the new POD will meet the criteria set forth in Items 1 – 3 above.

The transfer must also meet the requirements for a change in POD specified in ORS 540.520 and 540.530. For information on additional requirements associated with this type of transfer, please refer to ORS 540.531 and OAR 690-380. ​


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