Oregon Water Resources District Transfers Permanent Temporary

District Transfers Who May Participate? Irrigation Districts (formed under ORS Chapter 545) Drainage District (formed under ORS Chapter 547) Water Improvement District (formed under ORS Chapter 552) Water Control District (formed under ORS Chapter 553) Any corporation (formed under ORS Chapter 554)

Oregon Water Resources District Permanent Transfer Overview

Permanent District Transfers Criteria Change in Place of Use (POU) only “To” and “From” lands are within District boundaries No Injury “From” lands are dried up Prospective – Application submitted prior to making change Retroactive – Petition is submitted by Dec 31 of year changed (note: a single petition/application may combine prospective and retroactive changes)

Prospective -Approval Before Change- Process District submits “ Application for District Permanent Transfer” (please use the 2015 version of application) OWRD Processes Application OWRD Issues Final Order to Approve (assuming no enlargement or injury) District OK to use water on “To” lands “From” lands are dried up

Retroactive – Step 1 -Notice Before Change- Up-front Noticing Requirements District obtains landowner authorization (ORS 540.580) District keeps on file written authorization District notifies OWRD of proposed change Watermaster’s Office (District Notice and Map) Salem Office for Weekly Public Notice (District Notice only) District OK to use water on “To” lands

Retroactive – Step 2 -Change Before Approval- District Submits Petition by Dec 31 District submits a Petition for lands previously “Noticed,” and irrigated according to the District Notice Use “Application for District Permanent Transfer” (2015 version) Includes map meeting standard requirements, certified by District Includes statement that changes were authorized by landowners Includes all pertinent notices OWRD Processes the Petition/Application OWRD Issues Final Order to Approve (assuming no enlargement or injury)

Summary of District Permanent Transfers with Noticing LET”S GO! District Gets Request & Landowner(s) Signatures Submit District Notice to OWRD OK to Use Water on “TO” Lands File Petition with OWRD by Dec 31 (include all notices) OWRD Makes Determination of Satisfactory Proof & Issues Final Order Submit Claim of Beneficial Use (CBU) District Verifies Beneficial Use on Changed Lands OWRD Reviews Petition & Issues Final Order DONE !! Great Job, YA’LL (let’s do it again next year!) Apply for Extension of Completion Date?

Oregon Water Resources District Permanent Transfer for Non-use

Transfer for Non-use -Lands no Longer Irrigated or Irrigable- Criteria The District has a full-time Manager The District is implementing an approved, non-expired WMCP Lands are within District boundaries District asserts no beneficial use for 4 successive years District advises and gives notice to the user of its intent to petition OWRD for a transfer Landowner given opportunity to resolve the matter

Transfer for Non-use Initiate after 4th Season of Non-use 4th Year Noticing Requirements Water user notified by certified mail (sent to last known address) Includes District’s determination that land is no longer irrigated or susceptible to irrigation States the District’s intent to petition OWRD to permanently transfer water right Includes an invitation to disagree in writing within 30 days Lists number of acres assessed Describes use of water and the parcel with the appurtenant water right Requests confirmation that the information in the notice is correct

Transfer for Non-use Notice after 5th season of non-use Upon submitting Petition to OWRD: District provides 5th year notice to users of affected lands that a petition for a permanent transfer was submitted to OWRD Notice must describe the user’s opportunity to file a protest to the petition with OWRD within 60 days District must provide user with a copy of the Petition/Application (certified mail to last known address)

Transfer for Non-use -Filing a Petition with OWRD- Must file prior to end of 5th year Submit an “Application for a Permanent District Transfer” AND, A copy of 4th year notice mailed to user A copy of any objections filed to the notice A copy of any determination, if hearing was held [A copy of 5th year notice to user that petition was filed]

Transfer of Non-Use -Summary of Process ∞ Uncontested- Beneficial Use FOUR straight years District sends user 4th year notice with options District tracks 5th season of use IF no Beneficial Use in 5th Season Final Order Issued by OWRD OWRD Evaluates for adhering to criteria, injury, & enlargement District petitions OWRD before end of 5th year OWRD Public Notice 30 day comment period OK to use water on “TO” lands District and user work out differences (or user has 60 days to file protest with OWRD) District sends 5th year notice to user & copy of petition

Oregon Water Resources District Temporary Transfer Overview

Temporary District Transfers -Single Season Changes- Criteria The District has a Manager No change in type of Use Except to change primary to supplemental Except to change the use to storage of the water District has approved the landowner’s request Change is within District boundaries No Injury “From” lands are dried up

Temporary District Transfers Single Season Changes In: Place of Use (POU) – in certain cases may include POD change if needed to facilitate the POU change Type of use to Storage of the water Type of use from Primary Right to Supplemental Right Point of Diversion (POD) – Response to Emergency Surface water POD to Groundwater POA

Temporary District Transfers -Change Before Approval- Process District submits “ Application for District Temporary Water Right Transfer” (2015 version) Includes a statement certifying the District notified each affected user Includes map meeting Standard Requirements, certified by the District District OK to implement change(s) upon submittal “From” lands are dried up OWRD Processes Application Public Notice with 30 day comment period OWRD Issues Final Order to Approve (assuming no enlargement or injury)

Temporary District Transfers -Single Season Changes- Automatic Reversion of the Change All changes “unwind” at the end of the season during which the temporary change was effective All terms and conditions of the original water right are restored

Oregon Water Resources District Temporary Transfer Pilot Project SB 664 > SB 267 (the 2015 update)

Temporary Transfer Pilot Project -No Petition, No OWRD Order- Goals and History Increase District’s flexibility in managing water Districts ensure there is no Enlargement or Injury 2003: SB 820 allowed for three Districts to participate 2007: SB 89 extended the pilot project to 2010 2009: SB 664 extended the project to 15 participants

Temporary Transfer Pilot Project SB 267 – 2015 Update What’s New Clarified that type of use must be IRRIGATION (only) Substitution of participating District will be subject to public notice (OWRD Public Notice) Annual Public Notice of the Districts intending to participate that year Prior to irrigation season (target = Feb. 2017) Will be contacting 15 Districts enrolled Legislative report due January 31, 2021 !!!! Resources available TODAY at OWRD display table

Oregon Water Resources Temporary Transfer or Lease Klamath Basin Determined Claims SB 206 – Enrolled in 2015

Temporary Transfer or Instream Lease -Klamath Basin Determined Claim- Applies to KBA claims under judicial review at the Klamath County Circuit Court Claim is not stayed by ruling of the court May apply for an instream lease under ORS 537.348 May apply for a temporary transfer under ORS 540.523 Place of use (POU) change and point of diversion (if necessary for POU change) May not change a point of diversion to upstream No Enlargement or Injury “From” lands are dried up

Oregon Water Resources Area of Interest Tool Developed by OWRC and OWRD

Area of Interest Tool Purpose To inform District’s of water right transactions in their area of interest as defined by the District New application of water right Transfer application – all types Confirming certificate Partial or full water cancellation Directs OWRD staff to the appropriate District for giving notification

Area of Interest Tool Boundaries Needed!! POU Tab AOI Tab Water Rights District Information

Area of Interest Tool What is YOUR area of interest?

Area of Interest Tool Boundary or AOI Format Excel Spreadsheet of Township, Range, and Section Geographical Information System data (GIS) Need Shape file (.shp – geographical representation) Need Projection File (.prj – geographical reference)

District Transfer Contacts Ann Reece Phone: 503-986-0858 Email: reeceal@wrd.state.or.us Joan Smith Phone: 503-986-0892 Email: joan.m.smith@wrd.state.or.us

Water Use Reporting OWRC Technical Seminar Ann Reece October 2016 District Transfer Program Advisor Oregon Water Resources Department

Overview Why report water use Who must report How to report using online tools How to access reported water use data

Aids OWRD to sustainably manage the water of Oregon Water Used Water balance Water Availability New Water Rights?

Actual Water Use vs Allowed Use Actual use may be less than allowed use Check estimates w/reality Calibrate models Reveal trends

Legal Authority ORS 537.099 OAR 690 Div. 85 Governmental Entities Report: Monthly Use By point of diversion (POD) – at the source By water year (Oct-Sep) Submitted Annually by December 31 Newer Permits may also require reporting

What is Reported? Diverted Rights= Storage Rights = Total Monthly Volume Diverted from a POD or Well Storage Rights = Amount in storage on a consistent day of the month (often the last day of each month)

Where to Measure: At each POD at the source, if practical; or At closest feasible measuring point, with correction factor Re-diversions are not measurement locations

How to Report Online Go to: www.oregon.gov/OWRD …OR… Paper Form

Step 1: Select Water Use Reporting

Step 2: Select “Submit your monthly water use data online”

Step 3: Log in with your User ID number Q: What if I don’t know my User ID or password? A: Password = User ID number. Call (503) 986-0905, or email: wateruse@wrd.state.or.us

Step 4: Display Points of Diversion (Report IDs) A: Place your cursor in the “Records per Page” box and change the “5” to any number; then hit “enter”. Q: How can I display more than 5 Report IDs?

Step 5: Select a Point of Diversion (Report ID)

Step 6: Add a Year to Report Select a year from dropdown menu and hit “Add”

Step 7: Fill in the blanks and click Submit After submitting, address any error messages that pop up, then confirm you are ready to submit. You will receive a confirmation message when your report is accepted.

Step 8: Generate a report for your records This link creates a report for just one POD

A Report for One POD (all years) Download to text file (copy & paste, or import, into Excel) When finished, click “x” to close and return to previous screen. Print or Choose number of records (years) to display

Or a Report for all PODs, One Year Return to list of all reporting IDs Generate a report that includes all PODs in your account

Report for One Year/all PODs Download or print, then close Select a year from dropdown menu

Some features of the online reporting program: Reporting stays open all year Allows entry multiple times during the year (even monthly) Allows corrections for current year

Paper Report Form is Another Option

New Tools for Viewing Reported Water Use Available to the Public

Start at the Home Page www.oregon.gov/OWRD Select “View Reported Water Use”

Four Options for Viewing Data: Pick a Tab

1: By Water User (Entity) Choose a water user “Search” yields a list of all water users that fit the criteria. Click “Select” to go to the data. You can also specify a time range ….

Search for a general name yields a list from which to select 2: Query by POD Point of Diversion (Facility) Search for a general name yields a list from which to select

Report for POD (Facility) Choose the number of years (records) to display by changing this number

3: Query by Water Right Use either: the WRIS query; or the Interactive Mapper

3a: Using the WRIS Query Search by: Water Right, Township/Range/Section, user’s name, or stream; Click “Search” Then click Select

Arrive at the Water Right page There will be a link here if the right requires water use reporting

3b: Query Using WR Mapper Fill in Water Right #, TRS, or Address, then click “Enter” Then select Details to go to the water right WRIS page

Arrive at the Water Right page There will be a link here if the right requires water use reporting

What if there is no link for View Reported Use? No “View Reported Water Use” link means reporting is not required for this right. (If reporting is required, but no data has been submitted, there will be a link, leading to a report that shows no data.)

4: Summary /Statistical Query Click the arrow on one bar at a time to open up options for your search

Water Use Reporting Program Contact: Tracy Fox (NEW!!) 503-986-0905 email: wateruse@wrd.state.or.us www.oregon.gov/OWRD

Agricultural Water Management and Conservation Plans OWRC Technical Seminar October 2016 Agricultural Water Management and Conservation Plans Lisa Jaramillo Transfer & Conservation Section Manager Oregon Water Resources Department

What is a WMCP? A WMCP is: A long-term water management and conservation tool; and Allows districts to “tell its story” by: Describing current conditions; Analyzing opportunities; Planning for water shortages; and Anticipating the future.

What is a WMCP? A WMCP is: Describes a district’s water delivery system and its water demands; Identifies the district’s water sources; and Explains how the district will manage and conserve those supplies to meet present and future needs.

WMCP Elements An Agricultural WMCP includes the following elements: Water Supplier Description “Tell your story!” Water Conservation Element Examine ways to implement efficiencies, including ACW Water Allocation/Curtailment Element How is water distributed during times of water shortage or drought? Water Supply Element Planning for the future

What are the Benefits? Benefits of having an approved WMCP… Increases flexibility in managing existing supply and securing additional supplies; Prepares a district to meet future challenges (urbanization, drought and other shortages); Provides a basis for capital improvement projects;

What are the Benefits? Benefits of having an approved WMCP (continued)… Provides a basis for grant applications; Establishes a concise set of information for future managers to use; and Allows a district to utilize the District Permanent Transfer of Water Rights for Non-Use.

District Permanent Transfer of Water Right for Non-Use When beneficial use of water is not being made, district’s can utilize this program to prevent forfeiture of water rights, if: Notice provided to the water user after fourth year of non-use; The district is managed by a full-time manager; The district is implementing an approved WMCP that is in effect; and Annual reporting on implementation of the WMCP.

Allocation of Conserved Water (ACW) Main elements of an ACW: Water savings (or conserved water) resulting from implementation of more efficient water use methods; At least 25% of conserved water goes to the state for instream purposes; and Remaining conserved water (up to 75%) can be applied to new lands. An ACW Policy is required if the district is formed under ORS 545 or 553 and they wish to use the ACW program.

Funding Opportunities BOR – WaterSMART Grants Energy Efficiency Grants OWRD – Feasibility Study Grants Water Project Grants and Loans OWEB – Technical Assistance Grants Restoration Grants DEQ – 319 Nonpoint Source Grants BPA – Energy and Water Efficiency Grants Science and Energy Education Grants

Who Must Submit a WMCP? Preparation of an Agricultural WMCP is largely voluntary; however, there are some circumstances in which a district must submit: District Permanent Transfer of Water Right for Non-Use; Districts that contract for water from a federal water storage project, such as BOR (An approved WMCP will meet federal requirements.) Once a district submits a WMCP and receive OWRD approval, periodic updates to the WMCP are required every 5 to 10 yrs.

Resources Agricultural Water Management and Conservation Plan Guidebook (September 2007) Ag. WMCP Guidebook: www.oregon.gov/owrd/Pages/Conservation_Sharehouse.aspx Sample Ag. WMCP: www.oregon.gov/owrd/docs/East_Fork_Irrig_Dist_WMCP.pdf

Resources Water Conservation Factsheet: Saving Water on the Farm or Ranch (OWRD, June 2015) www.oregon.gov/owrd/WR/docs/Saving_Water_Farms_Ranches.pdf

Resources District Permanent Transfer for Nonuse: Annual Report on Implementation of WMCP www.oregon.gov/owrd/Pages/Conservation_Sharehouse.aspx

Contact Lisa Jaramillo Transfer and Conservation Section Manager Water Right Services Division Oregon Water Resources Department Phone: 503-986-0880 Email: Lisa.J.Jaramillo@wrd.state.or.us