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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:
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:
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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