Oregon Statutes 540.533 – Application for exchange of water
(1) As used in this section, ‘person holding a water right, certificate or permit’ means a person that:
Terms Used In Oregon Statutes 540.533
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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]