(1) The Water Resources Commission shall issue an order allowing an exchange unless the commission finds any of the following:
(a) The proposed exchange would adversely affect other appropriators.
(b) The proposed exchanges would be too difficult to administer.
(c) The proposed exchange would adversely affect the public interest as determined under ORS 537.170 (8).
(d) A sufficient quantity of water would not be available to replace the water to be used under the exchange. In determining whether replacement water will be equal to the water exchanged, the commission may consider relative consumptive uses and transmission losses.
(2) The commission may include any condition the commission considers necessary in an order allowing an exchange.
(3) The commission shall issue an order terminating the exchange:
(a) If water is not applied under the exchange within the time fixed by the commission in the order approving the exchange;
(b) Upon written request signed by all parties to the exchange;
(c) Upon finding that any other termination condition specified in the original order has occurred; or
(d) Upon attainment of a termination date specified in the original exchange order.
(4) For purposes of subsection (3) of this section, the time fixed for implementing the exchange shall include any extension granted by the commission for good cause shown. [1987 c.815 §4; 1995 c.416 §38]
Section: Previous 540.524 540.525 540.530 540.531 540.532 540.533 540.535 540.537 540.539 540.540 540.541 540.543 540.545 540.550 540.560 NextLast modified: August 7, 2008