(a) Holds a water right established by court decree;
(b) Holds a water right certificate or a water right for which proof of beneficial use has been approved by the Water Resources Director or the Water Resources Commission;
(c) Is applying for or holds a permit issued under ORS 537.211 for use of water for an in-stream purpose; or
(d) Holds a permit issued under ORS 537.135 for recharging ground water within the Umatilla Basin.
(2) A person holding a water right, certificate or permit may apply to the commission for permission to use stored, surface or ground water from another source in exchange for supplying replacement water in an equal amount to satisfy prior appropriations from the other source, if:
(a) The source of the person’s appropriation is at times insufficient to fully satisfy the appropriation;
(b) Better conservation and use of the waters of the state can be accomplished; or
(c) The person can develop water for appropriation under the permit for use of water for an in-stream purpose or the permit for recharging ground water, but cannot economically convey the water to its point of use.
(3) A person may apply for an exchange under this section among any combination of surface, storage or ground water rights.
(4) An application for exchange shall be accompanied by:
(a) Any map, plan or other information required by the commission;
(b) The fee required under ORS 536.050; and
(c) If the application for exchange is by a person that holds a permit issued under ORS 537.135 for recharging ground water within the Umatilla Basin, evidence satisfactory to the director that the exchange will result in no net loss of flow in the Umatilla River. [1987 c.815 §2; 2011 c.281 §1]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Section 540.020 - Watermasters; appointment; removal; powers of Water Resources Director.
Section 540.030 - Water Resources Director; duties regarding water distribution.
Section 540.045 - Watermaster duties.
Section 540.075 - Office and equipment for watermaster.
Section 540.080 - Assistant watermasters; compensation and expenses; termination.
Section 540.100 - Division of water among users; payment.
Section 540.120 - Lien for wages and expense; notice; foreclosure.
Section 540.145 - Distribution of water; rules; applicability.
Section 540.210 - Distribution from ditch or reservoir.
Section 540.220 - Payment of assistant watermaster.
Section 540.250 - Lien, notice of intent to claim; foreclosure; attorney fees.
Section 540.260 - Lien for wages and expense; enforcement; remedy not exclusive.
Section 540.310 - Ditches and canals; headgates; measuring devices; flumes along lines of ditches.
Section 540.330 - Reservoirs; measuring devices; effect of noncompliance.
Section 540.340 - Reservoir and diversion dam; suitable outlet; effect of noncompliance.
Section 540.355 - Inspection, evaluation and assessment of hydraulic structures.
Section 540.443 - Definitions for ORS 540.443 to 540.491.
Section 540.446 - Dams not subject to ORS 540.443 to 540.491.
Section 540.449 - Construction plan approval; fees; rules.
Section 540.452 - Removal plan approval.
Section 540.455 - Dam inspections and analysis.
Section 540.458 - Notice for owner corrective action to address safety issues.
Section 540.461 - Plan and time frame for corrective action; hearing; proposed and final orders.
Section 540.473 - Application for injunction.
Section 540.479 - Dam owner responsibilities.
Section 540.482 - Emergency action plan for dam with high hazard rating.
Section 540.485 - Actual or potential dam failure.
Section 540.488 - Water Resources Commission duties and powers; rules.
Section 540.491 - Dam owner or operator liability.
Section 540.505 - Definitions.
Section 540.532 - Request for change in point of diversion to reflect historical use; requirements.
Section 540.533 - Application for exchange of water.
Section 540.537 - Order allowing exchange; order terminating exchange.
Section 540.541 - Delivery and use of water under exchange.
Section 540.570 - Temporary transfers within districts; procedure; fee.
Section 540.572 - Application of certificated water elsewhere within district; notice.
Section 540.574 - Petition for approval of transfer.
Section 540.576 - Notice of petition; protest; user rights.
Section 540.578 - Filing of protest; hearing on proposed transfer.
Section 540.585 - Temporary transfers within Deschutes River Basin; procedure; fee.
Section 540.587 - Report on implementation of temporary transfer provisions.
Section 540.641 - Protest of cancellation; procedure.