Oregon Statutes - Chapter 540 - Distribution of Water; Watermasters; Change in Use, Transfer or Forfeiture of Water Rights - Section 540.533 - Application for exchange of water; fee.

(1) Any person holding a water right established by court decree, a water right certificate or a water right for which proof of beneficial use has been approved by the Water Resources Director or Water Resources Commission or any person applying for or holding a permit issued under ORS 537.211 for use of water for an in-stream purpose may apply to the Water Resources 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 personís 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, but cannot economically convey the water to its point of use.

(2) A person may apply for an exchange under this section among any combination of surface, storage or ground water rights.

(3) An application for exchange shall be accompanied by:

(a) Any map, plan or other information required by the commission; and

(b) The fee required under ORS 536.050. [1987 c.815 §2]

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Last modified: August 7, 2008