(a) The person holds a water use subject to transfer;
(b) The type of use specified in the original water use subject to transfer is irrigation;
(c) The person to whom the right is transferred is:
(A) Located within the Deschutes River Basin; and
(B) A city, a quasi-municipal corporation, a domestic water supply district formed under ORS chapter 264, a water supplier as defined in ORS 448.115 or a water authority formed under ORS chapter 450;
(d) The proposed use is municipal use; and
(e) The proposed temporary transfer will not result in injury to any existing water right.
(2) An application for a temporary transfer under this section shall:
(a) Be submitted in writing to the Water Resources Department;
(b) Be accompanied by the appropriate fee for a change in the place of use and type of use as set forth in ORS 536.050;
(c) Include the information required under ORS 540.520 (2); and
(d) Include any other information the Water Resources Commission by rule may require.
(3)(a) Any portion of the use of a water right that is not temporarily transferred under this section may be used on the designated part of the lands described in the original water right permit, certificate or adjudication under ORS chapter 539 as evidenced by a court decree, if the use does not encompass more than the remaining portion of the lands, enlarge the water right or increase the rate, duty, total acreage benefited or season of use.
(b) The Water Resources Department shall designate the lands on which water may be applied under this subsection and shall prescribe mapping, measurement and recording requirements under this subsection.
(4) Upon expiration of a temporary transfer period, all uses of water for which a temporary transfer is allowed under this section shall revert automatically to the terms and conditions of the original water right permit, certificate or adjudication under ORS chapter 539 as evidenced by a court decree.
(5) The time during which water is used under an approved temporary transfer order does not apply toward a finding of forfeiture under ORS 540.610.
(6) The department may revoke a prior approval of a temporary transfer at any time if:
(a) The department finds that the transfer is causing injury to any existing water right; or
(b) The person fails to comply with the requirements prescribed by the department pursuant to subsection (3) of this section.
(7) The department shall provide notice, in the manner provided in ORS 540.520 (5), that the department received an application for a temporary transfer under this section.
(8) The department may:
(a) Prescribe the duration of the temporary transfer period allowed under this section, up to 25 years;
(b) Impose conditions in the terms of the temporary transfer, including revocation of the transfer for noncompliance with applicable state, local or federal laws; and
(c) Determine the parties that may participate in the review of applications submitted under this section. [2003 c.705 ยง6]
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.