ALTERNATE RESERVOIR PROCESS
BACKGROUND:
Why do I need a water right?
Under Oregon Law, all water belongs to the public. With few exceptions, any person wishing to take
and store surface water or ground water must first obtain a permit from the Water Resources
Department (Department). The water right, once developed, is a type of property right and is attached
to the land where it was established. Land with an attached water right may be several miles from the
actual source of water. In Oregon, landowners with water flowing past, through, or below their
property do not automatically have a right to use that water.
Oregon’s water laws are based on the principle of “prior appropriation.” That is, the first person to
obtain a water right to a water source is the last to be shut off in times of low flow. In water-short
times, water users with the oldest water right can demand the amount specified in their right regardless
of the needs of junior users. If there is a surplus beyond the specified amount of the senior right holder,
the person with the next oldest priority date can take their specified amount as necessary to satisfy
their appropriation under their right and so on down the line until there is no surplus. The date of
application for a permit determines the priority date of the right. Often, streamflow will not be
available for storage during an irrigation season, so reservoirs may be filled from excess winter
streamflow. Obtaining a water right secures your place within the prior appropriation system.
Oregon’s water code contains four basic provisions:
With few exceptions, surface or ground water may be diverted legally only if it is used under
the terms of a valid water right for a beneficial purpose.
The more senior the water right, the longer water is available in a time of shortage.
A water-right certificate is attached to the land where it was established. If the land is sold, the
water right goes with the land to the new owner. (This appurtenancy does not apply to water
rights still in permit status.)
A water right is valid as long as it is used at least once every five years, for its intended
purpose. If the right is unused for five consecutive years, it is legally forfeited and subject to
cancellation, with few exceptions.
By law, the land use associated with water use must comply with the statewide land-use goals and
local land-use plans. If state goals or local comprehensive plans prohibit the land use, the water-use
permit may not be exercised until land-use approval is obtained. City or county planning agencies can
provide information about local land-use plans and requirements.
THE WATER RIGHT:
Applying for a Permit to Use Water
A water-right permit is the authorization necessary from the Water Resources Department to be
allowed to store water. Additional permits and approvals from other agencies may be necessary prior
to construction of a storage facility. With few exceptions, the storage of water requires a water-right
permit; regardless of size, or whether or not the pond or reservoir already exists.
In 1995, the legislature created a new program, the Alternate Reservoir Process, for small ponds. A
permit issued under the Alternate Reservoir Process allows only for the storage of water. To use or
appropriate the stored water requires a “secondary” permit for all out-of-reservoir uses, with few
exceptions. The Surface Water Right Application Guidebook explains how to complete a secondary
application. The Alternate Reservoir Process does not allow the storage of groundwater (or water from
a well); to do so it is necessary to apply under the Groundwater Permit process.
In addition, the Alternate Reservoir Process is applicable to any pond or reservoir of any capacity with
a dam height of less than 10 feet. If the dam height is 10 feet or greater, the maximum amount of water
that may be stored under the Alternate Reservoir Process is less than 9.2 acre-feet. Any pond or
reservoir that stores 9.2 acre-feet or greater and with a dam height of 10 feet or greater requires
engineered plans and specifications; and must apply for permit under the Standard Reservoir Process.
A “bulge in the system” is a pond that will be used as an in-system storage facility during the irrigation
season to manage and handle water allotted by an irrigation district or water that is allowed under an
existing water right for irrigation or agricultural uses. If the waters held in the pond are used on a
rotational basis during the irrigation season under an existing right, a water storage permit is not
required. This would not include storing or holding water outside the irrigation season.
However, where storage for future use is needed, a permit is required.
THE PERMIT PROCESS:
How an Application is Processed
Before an application for an Alternate Reservoir water right is submitted, the applicant must contact
the local Fish and Wildlife office to assess what fish passage and screening requirements will need to
be addressed.
1
ODFW will provide the Alternate Reservoir Application Review Sheet form to be
included with the application, as described in the instructions below.
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The default assumption under ORS 509.585 is that fish passage will be provided if migratory fish are present or
were historically present, which requires the approval of a fish passage plan by ODFW. An alternative to providing
fish passage is to seek a fish-passage waiver or exemption from the Fish and Wildlife Commission. This will
require development of a plan and mitigation to be approved by the Fish and Wildlife Commission (ORS 509.585).
Once a fish-passage plan, waiver or exemption is approved, the applicant can then submit the completed Alternate
Reservoir application to WRD for processing. Fish-passage waiver and exemption-request applications can be found
at the ODFW Fish Passage Program website Fish Passage Requirements - ODFW
.
After a completed application has been received by the Department, the Department must make public
notice of the application within 60 days. The Department does not notify individual, neighboring
landowners of an application, unless they are identified in the application as affected landowners. The
public notice is to ensure that any person may submit detailed information requesting the Department
deny an application based on injury to existing water rights or based on a significant detrimental
impact to an existing fishery resource. All comments must be submitted within 60 days of the public
notice.
The Department issues a Final Order within 180 days of the priority date (i.e., date of submission of
the application). The Department recommends applicants not schedule excavation work or otherwise
expend financial resources until an ODFW fish passage plan and the alternate reservoir application
have been approved.
INSTRUCTIONS: What is needed to complete the application?
STEP 1: Print out the “Application for a Permit to Store Water in a
Reservoir (Alternate Review)” form, which includes the following three
supplemental forms:
1. Watermaster Alternate Reservoir Application Review Sheet – to be completed by the local
Watermaster, who is an employee with the Water Resources Department.
2. ODFW Alternate Reservoir Application Review Sheet – to be completed by a representative of
the Oregon Department of Fish and Wildlife (ODFW).
3. Land Use Information Form – to be completed by the local Planning Department.
STEP 2: Complete the application form and prepare a map
Note: All information should be typewritten or neatly printed with dark ink. All items
must be completed even if parts or all of the required information appears on
supplemental maps or drawings. Applications must be submitted on original forms that
are provided by the Department or watermaster. Sign the forms in INK.
1. Applicant Information
If you are an individual applying for a permit to store water in a reservoir, include your name, mailing
address and phone number. If there is a co-applicant, please indicate that information also. You may
include a fax number or e-mail address, if you have one. These numbers are not required, but helpful if
the Department must contact you.
For corporations, associations, firms, partnerships, cooperatives, and/or public and municipal
corporations, complete the Authorized Agent section, including the title of the authorized agent.
2. Location and Source
In order to examine your application properly, the Department must have an accurate map that shows
the location of the proposed reservoir and source or dam. The Department utilizes the following
criteria for your map to ensure the timeliest processing possible.
The map shall be of permanent quality and drawn clearly in ink on good quality paper.
Maps should be submitted on 8.5 x 11 inch paper. If a map is larger than 11 x 17
inches, submit four copies or draw on tracing vellum or Mylar.
The map must be drawn to a standard, even scale of not less than 4 inches = 1 mile.
Standard scales include 1”= 400’; 1”= 200’; 1”= 100’. Use only whole numbers.
U.S.G.S quad maps, title company maps or aerial photo maps will not be accepted.
Each copy of the map must clearly show the elements of the proposed appropriation:
The location of the dam and reservoir. The location must be referenced to a government
land survey corner (not the property corner unless it is also a government land survey
corner.) The reservoir location may be shown by coordinates (i.e., the number of feet
north or south and the number of feet east or west from survey corner). If there is no
dam, reference the center of the reservoir. If the reservoir is off-channel, include both
the dam/reservoir location and the location of the diversion point from the stream, if
applicable.
The Township, Range, Section and quarter-quarter section as well as tax lot lines and
tax lot numbers must be indicated clearly on the map.
Include the scale of the map as well as the North directional symbol.
A platted and recorded subdivision map, deed description survey map or a county assessor tax
lot map may be submitted as the application map if all the required information is clearly
shown on each print.
A. Reservoir Name: If there is no name, insert N/A. If applying for more than one reservoir, a
separate application is required for each pond. If all reservoirs are shown on one map, label each
accordingly. List as Pond #one, Pond #two, etc., unless named.
B. Source: List the commonly used name of the body of water from which the water will be diverted,
and the stream it flows to (tributary). If the source is diffuse run off, please state that.
NOTE: If the source of water is from a well, you may not file under the Alternate Reservoir Process;
use the Groundwater Permit Process.
C. Reservoir Location: Clearly indicate the location by Township, Range, Section, quarter-quarter
and tax lot number. This information can be found on the base map or by contacting your local tax
assessor’s office.
D. County of Use: Indicate the county where the pond or reservoir is located.
E. Dam: List the dam height. If there is no dam, enter “0 feet.” NOTE: If the dam is 10 feet or greater,
and the storage capacity of the reservoir is more than 9.2 acre-feet, you must apply under the Standard
Reservoir Process.
F: Quantity: List the total quantity of water to be stored at maximum capacity. List the total
in acre-feet. To determine capacity in acre-feet use the following calculation:
Acre-feet = (Average Length)(Average Width)( Average Depth) / 43,560
3. Water Use
In order to receive a water right, you must show that you will be using the water beneficially and
without waste. Indicate the type of use of the stored water. NOTE: You may wish to consider filing
for “multipurpose use” for your reservoir. Multipurpose use does not limit the types of future
uses for the stored water. Multipurpose covers all beneficial uses including: stock water, fish and
wildlife, aesthetics, domestic, irrigation, agriculture, fire protection, and pollution abatement.
Regardless of the type of storage listed, if any use will be out-of-reservoir, a secondary application
will be required to appropriate the stored water.
Examples of Beneficial Uses of Water Under Oregon Water Law
Agriculture Use Irrigation
Cranberry Use Nursery Operations
Stock water Temperature Control
Forest and Range Management Industrial
Commercial Fire Protection/Suppression
Mining Power Development
Aesthetics Domestic use
Municipal or Quasi-municipal Storm Water Management
Aquatic Life Pollution Abatement
Recreation Wetland Enhancement
Wildlife
4. Property Ownership
If the water you plan to use will be transported by ditch, canal or other work, or if your pond or
reservoir will back up water onto another property, you must own all the property or have legal access
to the property. This includes crossing any public roads or rights-of-way. Under ORS 274.040, if your
application proposes only irrigation and/or domestic use, written authorization or an easement is not
necessary to occupy state-owned submersible lands for the construction, maintenance and operation of
any structure or facility necessary for the use of water.
If you own all the land that includes the source, diversion and place of use of water,
mark YES and skip to the next section.
If not, attach a list of the names and addresses of the affected property owners. If there
are more than 25 landowners, you will be required to file a public notice in a newspaper
that circulates in the area of the water use.
5. Environmental Impact
A. Channel: Indicate if the pond or reservoir is in a stream channel.
B. Wetland: Indicate if the project is in a wetland.
C. Existing: Indicate if the project is an existing reservoir and if so, how long.
D. Fish Habitat: If there is fish habitat upstream of the proposed reservoir, please describe.
E. Partnerships: List any agencies such as the Natural Resources Conservation Service (NRCS) or
ODFW that you may be working with on a project.
6. Within a District
Indicate if the point of diversion or reservoir are located within or served by an irrigation or other
water district.
7. Signature
All applicants must sign the application in ink.
Properly completed application form(s). Only one reservoir per application. If there
is more than one applicant, each applicant must sign the application.
STEP 3: Obtain a completed review from the local watermaster.
The Watermaster Alternate Reservoir Application Review Sheet must be completed by the local
watermaster.
We suggest that you call to make an appointment with the local watermaster. For assistance in
locating the local watermaster office, please call 503-986-0900 or for a list of watermaster offices see:
www.oregon.gov/OWRD/aboutus/contactus/Pages/RegionalOfficesandWatermastersDirectory.aspx
The watermaster will review your completed application form and map showing the reservoir location
and source and determine if the reservoir will cause injury to an existing water right. In addition, the
watermaster will determine when and if water is available for the proposed use. If the watermaster
determines that the reservoir will injure any existing water right and cannot identify any condition(s)
that would mitigate such injury or if water is not available, the application cannot be accepted by the
Department.
STEP 4: Obtain a completed review from the local ODFW fish biologist.
The ODFW Alternate Reservoir Application Review Sheet must be completed by the local
ODFW representative.
We suggest that you call to make an appointment with the local fish biologist or other representative at
the appropriate ODFW office. For assistance in locating the local ODFW office, please call 503-947-
6200 or to see a map of ODFW’s regions, please see:
https://www.dfw.state.or.us/agency/directory/map_district_offices.asp. For a list of ODFW offices see:
http://www.dfw.state.or.us/agency/directory/local_offices.asp .
The ODFW representative will review your completed application form, the map indicating the
reservoir location, and the information you obtained from the watermaster. ODFW will then
determine if the reservoir will pose a significant detrimental impact to existing fishery resources. If
ODFW identifies such an impact and cannot identify condition(s) that would mitigate the impact, the
application cannot be accepted by the Department, and the applicant will need to either abandon the
reservoir project or utilize the standard reservoir application process.
Additionally, for reservoirs proposed to be in-channel, ODFW will also consider: 1) fish populations
and their distributions, and 2) whether fish passage requirements will be necessary. If fish passage is
required, either approval of a fish-passage plan will be required or the approval of a fish passage
wavier or exemption by the Fish and Wildlife commission will be needed before ODFW provides the
Alternate Reservoir Application Review Sheet.
STEP 5: Obtain a completed Land-Use Information Form or receipt stub
from the local planning agency.
The Land Use Information Form or receipt stub must be completed by a representative of the
local planning agency.
Determine if the reservoir location is within the boundaries of a city or county or other planning
jurisdiction. The representative from the planning agency will review your completed application,
which will describe the proposed use of water, and your map indicating the reservoir location and
determine if the proposed use of water is consistent with local land use rules. The Receipt for Request
for Land Use Information allows the Department to accept the application; however, the
demonstration of land-use compatibility is required before the Department will issue a permit for the
proposed use.
STEP 6: Submit the application, supplemental forms, map, and fees to
the Department.
Before submitting the application, be sure you include all the necessary items. Your application and
supplemental materials will be returned if not complete.
Watermaster Alternate Reservoir Application Review Sheet: Include a Watermaster Review Sheet
completed by the local watermaster. NOTE: If the watermaster determined that your reservoir will
injure an existing water right, and did not identify any conditions to mitigate such injury or if water is
not available, STOP here – the Department cannot accept the application.
ODFW Alternate Reservoir Application Review Sheet: Include an ODFW Review Sheet
completed by an ODFW representative. NOTE: If ODFW determined that your reservoir will pose a
significant detrimental impact to existing fishery resources and did not identify any conditions to
mitigate such impact, STOP here – the Department cannot accept the application.
Land Use Information Form: Include a Land Use Information Form or the Land Use Information
Form receipt stub signed (must be original) by a representative of the local planning agency having
jurisdiction (i.e., county or city planning).
Legible and accurate map: A map of the proposed development must accompany each application
for a permit. See pages 3 and 4 and the Minimum Requirements on page 8 for map requirements.
Payment: A check or money order made out to WRD for the examination fee. The base fee is $410.
In addition, there is a fee of $35 per acre-foot or fraction thereof. Example: 0.3 AF = $445; 1.5 AF =
$480; 20.0 AF = $1110; 30.0 AF = $1460.
NOTE: There is a $520 permit recording fee for Alternate Reservoir applications. You may pay the
permit recording fee at time of submittal or you may pay that fee at a later date prior to permit
issuance. For fastest processing, the Department recommends that the permit recording fee be paid in
advance. If the Department does not issue a permit, the permit recording fee will be refunded.
Secondary Application: Submit a secondary application if there will be out-of-reservoir
uses associated with this reservoir AFTER the reservoir has been permitted.
Alternate Reservoir Application Completeness Checklist
This is the checklist used by WRD staff
Application ______________ County ____________________________
Priority Date______________ Township _____Range _____ Section _____ Taxlot ______
Use _______________________________________ Caseworker ____________________
Amount (AF) _____________ Watermaster ______________________________________
Minimum Requirements (ORS 537.409)
Landowner Name, Mailing Address and Telephone Number.
Source and tributary listed. NO WELLS-MUST HAVE GW APP TO USE A WELL AS A SOURCE
Reservoir Location- Township, Range, Section, Quarter Quarter, Taxlot
Dam height, if applicable
Total Quantity of Storage Requested: ___________
Proposed Use of the water. Cannot accept application for use of this stored water at the same time (E2)
Property ownership indicated? If applicant does not own all the land is the affected landowner’s name and
mailing address listed? (Including: lands not owned by applicant, upon which the source is located OR that are
crossed by the diversion works. This includes any roads or rights-of-way.)
Environmental Impact section completed?
Application signed by the landowner(s)? All parties noted as applicants must sign the application.
Must be an original “wet” signature.
Acceptable map ** Indicates requirements of standards set forth by the Commission and causes fatal
flaw if not provided by the applicant.
Reservoir Location - noting Township, Range, Section, 1/4 1/4 and Tax Lot number(s)*
Scale of the Map, even scale such as
1” = 400’, 1” = 1000’, or 1” = 1320’ **
Reference corner on map
North Directional Symbol **
¼¼’s clearly identified
Reservoir clearly identified **
Dam or POD (If off channel) Location coordinates referenced to a government landsurvey corner*
If no dam, use coordinates to center of reservoir.**
□Completed Watermaster review sheet signed and dated by Watermaster.
Will the reservoir injure an existing water right? □ YES □ NO
If YES, can conditions be applied to mitigate the injury? □ YES □ NO If NO, return the application.
Did the watermaster determine when water is available for the proposed use? □ YES □ NO
The Watermaster review sheet must have been completed within the last 6 months.
If the watermaster determined that water is NOT available, return the application.
Completed ODFW review sheet signed and dated by ODFW representative.
Will the reservoir pose a significant detrimental impact to an existing fishery resource? □ YES □ NO
If YES, can conditions be applied to mitigate the impact? □YES □NO If NO, return the application.
The ODFW review sheet must have been completed within the last 6 months.
Completed Land-Use Form or receipt signed by the appropriate planning department official enclosed?
Does the use on land-use form match the proposed use on the application? Must be an original “wet”
signature within the last 12 months.
Provide a Legal Description of all the property involved with this application. You may include a copy of
your deed land sales contract or title insurance to meet this requirement.
Fees enclosed? Print page from fee calculator
Total Paid $___________ Total Fees $___________
Completeness Check by: ______________________ Date:__________________
Revised 2017-8-4
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Appendix A
Developing your water right often entails grading trenching or other types of construction within
waterways, riparian areas, and wetlands. Permits from local, state or federal agencies may be required.
A good first step is to check with your local city or county planning office. The following information
was provided by the Oregon Division of State Lands.
Activities in Wetlands and Waterways are Regulated by:
The Division of State Lands (DSL) under the State Removal-Fill Law
The U.S. Army Corps of Engineers (Corps) under the Federal Clean Water Act and Rivers and
Harbors Act
The State Department of Forestry under the Forest Practices Act
The U.S. Natural Resource Conservation Service (NRCS) under the Food, Agriculture,
Conservation and Trade Act
Some City and County land use ordinances
What Areas are Regulated?
Rivers streams and most creeks
Estuaries and tidal marshes
Lakes and some ponds
Permanent and seasonal wetlands
Regulations apply to all lands, public or private
A wetland does not have to be mapped by the state or otherwise ‘designated’ to fall under the
regulations
If you are uncertain if there are regulated wetlands on your property, contact DSL for
assistance.
What Activities are Regulated?
Placement of fill material
Alteration of stream bank or stream course
Ditching and draining
Plowing/disking non-farmed wetlands
Excavation or dredging of material
In-water construction (may also require a lease from DSL)
For some activities, joint application forms can be obtained from DSL or the Corps
What Activities are Exempt
Some routine maintenance activities
Established, ongoing agricultural activities and grazing
Some minor projects involving small amounts of fill or removal
How are Laws Enforced?
The best enforcement is to prevent illegal wetland alterations through information and education.
However, when violations do occur, a variety of enforcement tools may be used, including restoration
orders, fines of up to $10,000 per day (DSL), civil and/or criminal charges.
_________________________________
_________________________________ _____________________ ____________________
Oregon Water Resources Department
Application for a Permit to
725 Summer Street NE, Suite A
Salem Oregon 97301
Store Water
(503) 986-0900
www.wrd.state.or.us
in a Reservoir
(Alternate Review)
Alternate Review Process (ORS 537.409): You may use this form for any reservoir storing less than
9.2 acre-feet or with a dam less than 10 feet high.
Use a separate form for each reservoir
Please type or print in dark ink. If your application is found to be incomplete or inaccurate, we will return it to
you. If any requested information does not apply, insert "n/a". A summary of review criteria and procedures that
are generally applicable to these applications is available at www.wrd.state.or.us/OWRD/PUBS/forms.shtml.
1. APPLICANT INFORMATION
Applicant: ____________________________________ ____________________________________
First Last
Mailing Address: _________________________________________________________________________
_____________________________________
_____________________ ____________________
City State Zip
Phone: ____________________________ _____________________ ____________________
Home Work Other
Fax: _____________________________ E-Mail Address*:
* B
y providing an e-mail address, consent is given to receive all correspondence from the departme
nt
electronically
. (paper copies of the final order documents will also be mailed.)
2. AGENT INFORMATION
The agent is authorized to represent the applicant in all matters relating to this application.
Agent: _____________________________________ ______________________________________
First Last
Mailing Address: _________________________________________________________________________
City State Zip
Phone: ____________________________ _____________________ ____________________
Home Work Other
Fax: _____________________________ E-Mail Address*: _____________________________________
* By providing an e-mail address, consent is given to receive all correspondence from the department
electronically
. (paper copies of the final order documents will also be mailed.)
3. LOCATION AND SOURCE
A. Reservoir Name: _____________________________________________________________________
B. Source: Provide the name of the water body or other source from which water will be diverted, and the name
of the stream or lake it flows into. Indicate if source is run-off, seepage, or an unnamed stream or spring.
Source: ___________________________ Tributary to: ___________________________
C. County in which diversion occurs: ________________________________________
For Department Use
App. No. ________________ Permit No. _______________ Date_______________
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______________________________________________________________________________________
______________________________________________________________________________________
D. Reservoir Location
Township
(N or S)
Range
(E or W)
Section quarter/quarter tax lot number
E. Dam: Maximum height of dam: ______________ feet. If excavated, write “zero feet”.
F. Quantity: Amount of water to be stored in the reservoir at maximum capacity. List volume in
acre-feet: _____________________
Acre-feet = (Average Length)(Average Width)( Average Depth)
43,560
4. WATER USE
Indicate the proposed use(s) of the stored water. NOTE: You may wish to consider filing for “Multipurpose
use” for your reservoir. Multipurpose use does not limit the types of future uses for the stored water.
Multipurpose covers all uses including: stockwater, fish and wildlife, aesthetics, domestic, irrigation,
agriculture, fire protection and pollution abatement. If any use will be out of reservoir use, regardless of
the type of storage listed, a secondary application must be filed to appropriate the stored water.
5. PROPERTY OWNERSHIP
Please provide a copy of the recorded deed(s).
Do you own all the land where you propose to divert, transport, and use water?
Yes (please check appropriate box below then skip to section 5)
There are no encumbrances
This land is encumbered by easements, right of way, roads of way, roads or other encumbrances
No (Please check the appropriate box below)
I have a recorded easement or written authorization permitting access.
I do not currently have written authorization or easement permitting access.
Written authorization or an easement is not necessary, because the only affected lands I do not own are
state-owned submersible lands, and this application is for irrigated and/or domestic use only (ORS 274.040).
(Do not check this box if you described your use as “Multipurpose” in #3 above.)
List the names and mailing addresses of all affected landowners:
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6. ENVIRONMENTAL IMPACT
A. Channel: Is the reservoir: in-stream or off channel?
B. Wetland: Is the project in a wetland? Yes No Don’t know
C. Existing: Is this an existing reservoir? Yes No
If yes, how long has it been in place? _________ years.
D. Fish Habitat: Is there fish habitat upstream of the proposed structure? Yes
No Don’t know
If yes, how much? _____________ miles.
E. Partnerships: Have you been working with other agencies? Yes No
Indicate agency, staff and phone numbers of those involved. Also indicate any agencies that are cost sharing in
this project.
7. WITHIN
A DISTRICT
Check here if the point of diversion or place of use are located within or served by an irrigation or
other water district.
Irrigation District Name Address
City State Zip
8. DESCRIPTION
Provide a description of t
he design and operation of the proposed diversion, including a description of how live
flow will be passed outside the authorized storage season. Use this space for narrative. You may also provide
narrative and sketches on separate pages.
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____________________________________________________ _______________________
If the diversion involves a dam, use this space for sketches of the diversion (e.g. cross-section of the dam with
its dimensions, dimension and placement of outlet pipe, means of passing live flow outside of the authorized
storage season, and means for providing fish passage).
9. SIGNATURE
I swear that all statements made and information provided in this application are true and correct to the best of
my knowledge.
Applicant Signature Date
Before you submit your application be sure you have:
Answered each question completely.
Included a legible map that includes Township, Range, Section, quarter-quarter and tax lot number.
The map must meet map requirements to be accepted.
Included a land use form or receipt stub signed by a local planning official.
Incl
uded a check payable to Oregon Water Resources Department for the appropriate amount
.
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WATERMASTER ALTERNATE RESERVOIR APPLICATION REVIEW SHEET
Recommendations for Water Right Applications under the Alternate Reservoir review process (ORS 537.409)
In lieu of the water right application process set forth in ORS 537.140 to 537.211, an owner of a reservoir may submit an alternate
reservoir application for a reservoir that has a storage capacity less than 9.2 acre-feet or a dam or impoundment structure less than
10 feet in height. ORS 537.409 describes the criteria used to evaluate alternate reservoir applications.
The review shall be limited to issues pertaining to: a) water availability, b) potential detrimental impact to existing fishery
resources; and c) potential injury to existing water rights. (ORS 537.409 (6))
Within 60 days after the department provides public notice...any person may submit detailed, legally obtained information in
writing, requesting the department to deny the application for a permit on the basis that the reservoir: (a) Would result in injury to
an existing water right; or (b) Would pose a significant detrimental impact to existing fishery resources. (ORS 537.409 (5))
The review of alternate reservoirs is limited to these criteria only.
Application #: R- Applicant’s Name:
1) Does the proposed reservoir have the potential to injure existing water rights?
NO YES
Explain:
2) Can conditions be applied to mitigate the potential injury to existing water rights?
NO YES
If YES, which conditions are recommended:
3) Did you meet with staff from another agency to discuss this application?
NO YES
Who: Agency: Date:
Who: Agency: Date:
Watermaster printed name:______________________________________
Watermaster signature: Date:
WRD Contact: Caseworker: Water Rights Division, 503-986-0900 / Fax 503-986-0901
NOTE: This completed form must be returned to the applicant
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_________________________________________________________________________________________________
_________________________________________________________________________________________________
ODFW Alternate Reservoir Application Review Sheet
This portion to be completed by the applicant.
Applicant Name/Address/Phone/Email:______________________________________________________
______________________________________________________________________________________
Reservoir Name:______________________ Source: ______________________Volume (AF):__________
Twp Rng Sec QQ:___________________________ Basin Name: _____________________ in-channel
off-channel
Note: It is unlikely that ODFW will be able to complete this form while you wait, nevertheless we recommend making an
appointment to submit the form so as to provide any necessary clarifications. See pg. 6 of Instructions for contact information.
This portion to be completed by Oregon Department of Fish and Wildlife (ODFW) District staff.
1) Is the proposed project and AO
1
off channel? ………………………………….......................... YES NO
(if yes then proceed to #4; if no then proceed to #2)
2) Is the proposed project or AO located where NMF
2
are or were historically present?............. YES NO
(if yes then proceed to #3; if no then proceed to #4)
3) If NMF are or were historically present:
a. Is there an ODFW-approved fish-passage plan?....................................................................... YES NO
b. Is there an ODFW-approved fish-passage waiver or exem
ption?............................................ YES NO
If fish passage is required under ORS 509.580 through .910, then either 3(a) or 3(b) must be “Yes” to move
forward with the application. If responses to 3(a) and 3(b) are “No”, then the proposed reservoir does not meet
the requirements of Oregon Fish Passage Law and shall not be constructed as proposed.
4) Would the proposed project pose any other significant detrimental impact to an existing fishery resource
locally or downstream?.......................................................................................................................... YES NO
Explain below (for example, list STE species or other existing fishery resources that would be impacted
negatively.)
Any diversion or appropriation of water for storage during the period ______________________________
through ________________________ poses a significant detrimental impact to existing fishery resources.
(For example, if diversion of water for storage during a certain time period would cause a significant
detrimental impact to an existing fishery resource, then ODFW should recommend conditions or limitations.)
If NMF fish are present at the project site or point of water diversion then the applicant should be advised
that a fish screen consistent with screening criteria will be required.
This proposed pond or reservoir contemplates impounding water in the Columbia Basin above Bonneville
Dam. ODFW has determined that additional diversions of water in this area pose a significant detrimental
impact to existing fishery resources during the period April 15 through September 30.
1
AO = Artificial Obstruction means any dam, diversion, culvert or other humanmade device placed in waters of this state that
precludes or prevents the migration of native migratory fish. ORS 509.580 (1)
2
NMF = Native Migratory Fish Species in Oregon as defined by OAR 6354120005 (32)
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If YES, can conditions be applied to mitigate the significant detrimental impact to an existing fishery resource?
NO (explain) YES (select from Menu of Conditions on next page)
ODFW Signature: ___________________________________ Print Name: ___________________________________
ODFW Title: _______________________________________ Date: ______________________
NOTE: This completed form must be returned to the applicant.
Revised 10/4/12
MENU OF CONDITIONS FOR WRD, ODFW, DEQ AND ODA Revised June 24, 2011
Use this menu to identify appropriate conditions to be included in the permit, and indicate the abbreviations on the review form:
fishpass: As required by ORS 509.585, a person owning or operating an artificial obstruction (AO) may not construct or maintain any AO across any
waters of this state that are inhabited, or historically inhabited, by native migratory fish (NMF) without providing passage for NMF. A person owning or
operating an AO shall, prior to construction, fundamental change in permit status or abandonment of the AO in any waters of this state, obtain a
determination from ODFW as to whether NMF are or historically have been present in the waters. If ODFW determines that NMF are or historically have
been present in the waters, the person owning or operating the AO shall either submit a proposal for fish passage to ODFW or apply for a waiver or
exemption. Approval of the proposed fish-passage facility, waiver, or exemption must be obtained from the department prior to construction, permit
modification or abandonment of the AO. Approved fish-passage plans, waivers, and exemptions shall maintain adequate passage of NMF at all times (ORS
509.601) as per the approved plan, waiver or exemption.
fishself: The permittee shall install, maintain, and operate fish screening and by-pass devices consistent with current Oregon Department of Fish and
Wildlife (ODFW) standards. Fish screening is to prevent fish from entering the proposed diversion while by-pass devices provide adequate upstream and
downstream passage for fish. The required screen and by-pass devices are to be in place and functional prior to diversion of any water. Permittee shall
obtain written approval from ODFW that the installation of the required screen and by-pass devices meets the state’s criteria or the permittee shall submit
documentation that ODFW has determined screens and/or by-pass devices are not necessary.
fishapprove: The permittee shall install, maintain, and operate fish screening and by-pass devices consistent with current Oregon Department of Fish and
Wildlife (ODFW) standards. Fish screening is to prevent fish from entering the proposed diversion while by-pass devices provide adequate upstream and
downstream passage for fish. The required screen and by-pass devices are to be in place and functional, and approved in writing by ODFW prior to
diversion of any water. The permittee may submit evidence in writing that ODFW has determined screens and/or by-pass devices are not necessary.
fishdiv33: If the riparian area is disturbed in the process of developing a point of diversion, the permittee shall be responsible for restoration and
enhancement of such riparian area in accordance with ODFW’s Fish and Wildlife Habitat Mitigation Policy OAR 635-415. For purposes of mitigation, the
ODFW Fish and Wildlife Habitat Mitigation Goals and Standards, OAR 635-415, shall be followed.
The use may be restricted if the quality of the source stream or downstream waters decrease to the point that those waters no longer meet existing state or
federal water quality standards due to reduced flows.
The permittee shall install, maintain, and operate fish screening and by-pass devices consistent with current Oregon Department of Fish and Wildlife
(ODFW) standards. Fish screening is to prevent fish from entering the proposed diversion while by-pass devices provide adequate upstream and
downstream passage for fish. The required screen and by-pass devices are to be in place and functional, and approved in writing by ODFW prior to
diversion of any water. The permittee may submit evidence in writing that ODFW has determined screens and/or by-pass devices are not necessary.
fishmay: Not withstanding that ODFW has made a determination that fish screens and/or by-pass devices are not necessary at the time of p
ermit issuance,
the permittee may be required in the future to install, maintain, and operate fish screening and by-pass devices to prevent fish from entering the proposed
diversion and to provide adequate upstream and downstream passage for fish.
b52 Water may be diverted only when Department of Environmental Quality sediment standards are being met.
b5 The water user shall install and maintain adequate treatment facilities meeting current DEQ requirements to remove sediment before returning the
water to the stream.
b51a The period of use has been limited to _______ through _______.
b57 Before water use may begin under this permit, a totalizing flow meter must be installed at each diversion point.
b58 Before water use may begin under this permit, a staff gage that measures the entire range and stage between full reservoir level and dead-pool
storage must be installed in the reservoir. The staff gage shall be United States Geological Survey style porcelain enamel iron staff gage style A,
C, E or I.
futile call: The use of water allowed herein may be made only at times when waters from the (NAME OF SURFACE WATER) would not otherwise flow
into a tributary of the___________ River or sufficient water is available to satisfy all prior rights, including rights for maintaining instream flows.
riparian: If the riparian area is disturbed in the process of developing a point of diversion, the permittee shall be responsible for restoration and
enhancement of such riparian area in accordance with ODFW’s Fish and Wildlife Habitat Mitigation Policy OAR 635-415. For purposes of mitigation, the
ODFW Fish and Wildlife Habitat Mitigation Goals and Standards, OAR 635-415, shall be followed.
wq: The use may be restricted if the quality of the source stream or downstream waters decrease to the point that those waters no longer meet existing state
or federal water quality standards due to reduced flows.
fence: The stream and its adjacent riparian area shall be fenced to exclude livestock.
blv: Water must be diverted to a trough or tank through an enclosed water delivery system. The delivery system must be equipped with an automatic
shutoff or limiting flow control mechanism or include a means for returning water to the stream source through an enclosed delivery system. The use of
water shall not exceed 0.10 cubic feet per second per 1000 head of livestock.
Oregon Water Resources Department
Land Use
725 Summer Street NE, Suite A
Salem, Oregon 97301-1266
(503) 986-0900
Information Form
www.wrd.state.or.us
NOTE TO APPLICANTS
In order for your application to be processed by the Water Resources Department (WRD), this Land Use
Information Form must be completed by a local government planning official in the jurisdiction(s) where
your water right will be used and developed. The planning official may choose to complete the form
while you wait, or return the receipt stub to you. Applications received by WRD without the Land Use
Form or the receipt stub will be returned to you. Please be aware that your application will not be
approved without land use approval.
This form is NOT required if:
1) Water is to be diverted, conveyed, and/or used only on federal lands; OR
2) The application is for a water right transfer, allocation of conserved water, exchange, permit amendment, or ground water
registration modification, and all of the following apply:
a) The existing and proposed water use is located entirely within lands zoned for exclusive farm-use or within an
irrigation district;
b) The application involves a change in place of use only;
c) The change does not involve the placement or modification of structures, including but not limited to water diversion,
impoundment, distribution facilities, water wells and well houses; and
d) The application involves irrigation water uses only.
NOTE TO LOCAL GOVERNMENTS
The person presenting the attached Land Use Information Form is applying for or modifying a water
right. The Water Resources Department (WRD) requires its applicants to obtain land-use information to
be sure the water rights do not result in land uses that are incompatible with your comprehensive plan.
Please complete the form or detach the receipt stub and return it to the applicant for inclusion in their
water right application. You will receive notice once the applicant formally submits his or her request to
the WRD. The notice will give more information about WRD's water rights process and provide
additional comment opportunities. You will have 30 days from the date of the notice to complete the
land-use form and return it to the WRD. If no land-use information is received from you within that
30-day period, the WRD may presume the land use associated with the proposed water right is
compatible with your comprehensive plan. Your attention to this request for information is greatly
appreciated by the Water Resources Department. If you have any questions concerning this form, please
contact the WRD's Customer Service Group at 503-986-0801.
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Oregon Water Resources Department
Land Use
725 Summer Street NE, Suite A
Salem, Oregon 97301-1266
(503) 986-0900
Information Form
www.wrd.state.or.us
Applicant: _____________________________________________ _____________________________________________
First Last
Mailing Address: _________________________________________________________________________________________
_______________________________
City
________
State
_______________
Zip
Daytime Phone: ___________________________
A. Land and Location
Please include the following information for all tax lots where water will be diverted (taken from its source), conveyed (transported),
and/or used or developed. Applicants for municipal use, or irrigation uses within irrigation districts may substitute existing and
proposed service-area boundaries for the tax-lot information requested below.
Township Range Section ¼ ¼ Tax Lot # Plan Designation (e.g.,
Rural Residential/RR-5)
Water to be: Proposed Land
Use:
Diverted Conveyed Used
Diverted Conveyed Used
Diverted Conveyed Used
Diverted Conveyed Used
List all counties and cities where water is proposed to be diverted, conveyed, and/or used or developed:
B. Description of Proposed Use
Type of application to be filed with the Water Resources Department:
Permit to Use or Store Water Water Right Transfer Permit Amendment or Ground Water Registration Modification
Limited Water Use License Allocation of Conserved Water
Exchange of Water
Source of water: Reservoir/Pond Ground Water Surface Water (name) _________________________
Estimated quantity of water needed: ______________________ cubic feet per second gallons per minute acre-feet
Intended use of water: Irrigation Commercial Industrial Domestic for _______ household(s)
Municipal Quasi-Municipal Instream Other ____________________________
Briefly describe:
Note to applicant: If the Land Use Information Form cannot be completed while you wait, please have a local government
representative sign the receipt at the bottom of the next page and include it with the application filed with the Water Resources
Department.
See bottom of Page 3.
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For Local Government Use Only
The following section must be completed by a planning official from each county and city listed unless the project will be located
entirely within the city limits. In that case, only the city planning agency must complete this form. This deals only with the local
land-use plan. Do not include approval for activities such as building or grading permits.
Please check the appropriate box below and provide the requested information
Land uses to be served by the proposed water uses (including proposed construction) are allowed outright or are not regulated by
your comprehensive plan. Cite applicable ordinance section(s): ____________________________________________________.
Land uses to be served by the proposed water uses (including proposed construction) involve discretionary land-use approvals
as listed in the table below. (Please attach documentation of applicable land-use approvals which have already been obtained.
Record of Action/land-use decision and accompanying findings are sufficient.) If approvals have been obtained but all
appeal periods have not ended, check "Being pursued."
Type of Land-Use Approval Needed
(e.g., plan amendments, rezones, conditional-use
permits, etc.)
Cite Most Significant, Applicable Plan Policies &
Ordinance Section References
Land-Use Approval:
Obtained
Denied
Being Pursued
Not Being Pursued
Obtained
Denied
Being Pursued
Not Being Pursued
Obtained
Denied
Being Pursued
Not Being Pursued
Obtained
Denied
Being Pursued
Not Being Pursued
Obtained
Denied
Being Pursued
Not Being Pursued
Local governments are invited to express special land-use concerns or make recommendations to the Water Resources Department
regarding this proposed use of water below, or on a separate sheet.
Name: ________________________________________________ Title: _______________________________________________
Signature: _______________________________________________ Phone: _______________________ Date: _______________
Government Entity: ___________________________________________________________________________________________
Note to local government representative: Please complete this form or sign the receipt below and return it to the applicant. If you
sign the receipt, you will have 30 days from the Water Resources Department's notice date to return the completed Land Use
Information Form or WRD may presume the land use associated with the proposed use of water is compatible with local comprehensive
plans.
Receipt for Request for Land Use Information
Applicant name: _____________________________________________________________________________________________
City or County: ___________________________________________________ Staff contact: ______________________________
Signature: ________________________________________ Phone: _________________ Date: __________
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