Fill - Free fillable Oregon ALTERNATE RESERVOIR PROCESS PDF form

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.

ODFW will provide the Alternate Reservoir Application Review Sheet form to be

included with the application, as described in the instructions below.

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

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

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_______________

______________________________________________________________________________________

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:

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.

____________________________________________________ _______________________

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

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:

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

_________________________________________________________________________________________________

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

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

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.

AO = Artificial Obstruction means any dam, diversion, culvert or other human‐made device placed in waters of this state that

precludes or prevents the migration of native migratory fish. ORS 509.580 (1)

NMF = Native Migratory Fish Species in Oregon as defined by OAR 635‐412‐0005 (32)

_________________________________________________________________________________________________

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.

--------------------------------------------------------------------------------------------------------------------------------------------------------

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

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.

→

-----------------------------------------------------------------------------------------------------------------------------------------------------

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: __________

Fill Online, Printable, Fillable, Blank Oregon ALTERNATE RESERVOIR PROCESS Form

Related forms

Fillable Oregon ALTERNATE RESERVOIR PROCESS

Fill Online, Printable, Fillable, Blank Oregon ALTERNATE RESERVOIR PROCESS Form

Related forms

First 20 documents completely FREE!