(1) Any person or group of persons holding a water use subject to transfer as defined in ORS 540.505 may submit an application to the Water Resources Commission for approval of an allocation of conserved water for a measure that:\n(a) The person or group of persons intends to implement; or\n(b) Was implemented by the person or group of persons within five years prior to the submission of the application.\n(2) An application submitted under subsection (1)(a) of this section shall include:\n(a) A description of the proposed measures;\n(b) A description of the existing diversion facilities and an estimate of the amount of water that can be diverted at the facilities;\n(c) The amount of water that will be needed to supply existing rights after implementation of the conservation measures;\n(d) The amount of conserved water expected from implementation of the conservation measures;\n(e) The proposed allocation and use of the conserved water if different from the allocation specified in ORS 537.470;\n(f) The intended use of any water allocated to the applicant;\n(g) The applicant’s choice of priority date for the conserved water; and\n(h) Any other information the commission considers S 537.470;\n(f) The intended use of any water allocated to the applicant;\n(g) The applicant’s choice of priority date for the conserved water; and\n(h) Any other information the commission considers necessary to evaluate the effectiveness of the proposal.\n(3) An application under subsection (1)(b) of this section shall include:\n(a) A description of the measure as implemented and the date on which the measure was implemented;\n(b) A description of the diversion facilities before the conservation measure was implemented and the amount of water that was diverted at the facilities before the conservation measure was implemented;\n(c) The amount of water needed to supply existing rights after implementation of the conservation measure;\n(d) The amount of water conserved by implementing the conservation measure;\n(e) The proposed allocation and use of the conserved water if different from the allocation specified in ORS 537.470;\n(f) The intended use of any water allocated to the applicant;\n(g) The applicant’s choice of priority date for the conserved water;\n(h) Evidence that the measure was implemented within five years prior to the date of filing the application; and\n(i) Any icant;\n(g) The applicant’s choice of priority date for the conserved water;\n(h) Evidence that the measure was implemented within five years prior to the date of filing the application; and\n(i) Any other information the commission considers necessary to evaluate the application.\n(4) If a person proposes conservation measures within the boundaries of an irrigation district organized under ORS chapter 545 or a water control district organized under ORS chapter 553, at the time the person submits the application, the person also must submit evidence that the district has approved the conservation application. [1987 c.264 §3; 1993 c.641 §3; 1995 c.274 §10; 2003 c.93 §3]\nNote:\nSee note under 537.455.
Oregon Legal Code