The Oregon Water Resources Department released its Preliminary Determination for Transfer Application T-11116 for Lincoln City’s change in the Point of Diversion (P.O.D.) of their existing Rock Creek water right today. A Preliminary Determination provides the Department’s conclusion as to whether a proposed change in place of use, point of diversion or appropriation, or character of use of an existing water right should be approved. This week’s OWRD Public Notice contained the following statement.
T-11116 filed by THE CITY OF LINCOLN CITY, 801 SW HWY 101, LINCOLN CITY, OR 97367, proposes an additional point of diversion and a change in place of use under Certificate 21779. The right allows the use of 1.5 CUBIC FEET PER SECOND (priority date APRIL 22, 1947 for 0.75 cfs and JULY 18, 1949 for 0.75 cfs) from ROCK CREEK, tributary to DEVILS LAKE in Sec. 7, T 7 S, R 10 W and Sec. 12, T 7 S, R 11 W, W.M. for MUNICIPAL USE in Sec. 34, 35, and 36, T 6 S, R 11 W, and Sec. 1, 2, 3, 10, and 11, T 7S, R 11W. The applicant proposes an additional point of diversion approximately 2.9 miles downstream (Sec. 2, T 7 S, R 11 W, W.M.) and to change the place of use to Sec. 34, 35, and 36, T 6 S, R 11 W, and Sec. 1, 2, 3, 10, and 11, T 7S, R 11W, W.M. The Water Resources Department has concluded that the proposed transfer appears to be consistent with the requirements of ORS Chapter 540 and OAR 690-380-5000.
If protests are not filed pursuant to OAR 690-380-4030 (see below), the transfer application will be approved. Specific details of the Preliminary Determination for Transfer Application T-11116 can be found by following the link provided. Lacking any protest by a party with standing, the OWRB proposed actions are as follows:
- The additional point of diversion and change in place of use proposed in Transfer Application T-11116 are approved.
- The right to the use of the water is restricted to beneficial use at the place of use described, and is subject to all other conditions and limitations contained in Certificate 21779 and any related decree.
- Water right certificate 21779 is cancelled.
- The quantity of water diverted at the additional point of diversion is limited to no more than 0.5 cfs and, together with that diverted at the original points of diversion, shall not exceed the quantity of water lawfully available at the original points of diversion.
- Water use measurement conditions:
- Before water use may begin under this order, the water user shall install a totalizing flow meter, or, with prior approval of the Director, another suitable measuring device, at the new point of diversion.
- The water user shall maintain the meter or measuring device in good working order.
- The water user shall allow the Watermaster access to the meter or measuring device; provided however, where the meter or measuring device is located within a private structure, the Watermaster shall request access upon reasonable notice.
- Prior to diverting water, the water user shall install a fish screening and/or by-pass device, as appropriate, at the new point of diversion consistent with the Oregon Department of Fish and Wildlife’s (ODFW) design and construction standards. Prior to installation, the water user shall obtain written approval from ODFW that the required screen and/or bypass device meets ODFW’s criteria. Prior to submitting a Claim of Beneficial Use, the water user must obtain written approval from ODFW that the required screening and/or bypass device was installed to the state’s criteria. The water user shall maintain and operate the fish screen and/or by-pass device, as appropriate, at the point of diversion consistent with ODFW’s operational and maintenance standards.
- The approved changes shall be completed and full beneficial use of the water shall be made on or before October 1,2026. A Claim of Beneficial Use prepared by a Certified Water Right Examiner shall be submitted by the applicant to the Department within one year after the deadline for completion of the changes and full beneficial use of the water.
- When satisfactory proof of the completed changes is received, a new certificate confirming the right transferred will be issued.
Any person may protest the application and preliminary determination or may file a standing statement. Pursuant to OAR 690-380-4030(3) and OAR 690-382-0900, protests must raise all reasonably ascertainable issues and include all reasonably available arguments supporting the person’s position. In addition, protests must be accompanied by a $600 protest fee for non-applicant and $300.00 protest fee for applicant. A Water Right Transfer Protest Form is available at http://www.oregon.gov/OWRD/PUBS/forms.shtml or by calling 503-986-0888. Protests must be received by the Department on or before January 13, 2011, or within 30 days of the last date of publication in a newspaper, whichever is later. If no protests are filed, the Department will issue a final order consistent with the preliminary determination.
Please see “How to Participate in a Water Rights Proceeding” for a detailed description of the remaining steps in this process; we are currently at step 8 as described in the article.