Oregon Department of Fish and Wildlife (ODFW) approval before OWRD
OWRD is responsible for providing notice of the proposed
it is more likely that OWRD will need to hold a hearing to determine
resolution process, (78) OWRD
broke the tribal water rights claims into
Once a water right has been issued by OWRD, the right to use the
OWRD bars transfers when there is a determination that the change
Consider the experience of OWRD in its attempts to regulate certain groundwater users whose pumping affected surface flows in the Umatilla River(92) Two water users filed suit, and the district court for Umatilla County blocked the Department from regulating them in conjunction with surface water.
68) Telephone interview with Kent Searles, Regional Manager, OWRD, Baker City, Oregon (May 23, 1995); letter from Martha O.
OWRD receives all agency applications for new instream water rights.
When granted, an instream water right dates from the filing of the application, and is held in the name of OWRD "as trustee for the people of the State of Oregon.
153) Moreover, OWRD
has not historically taken a strong stance on enforcement against illegal use; for example, the agency has never brought an enforcement action based solely on wasteful use of water.
In addition to consultation with agencies, tribes, and local governments, the Director of OWRD
must consider other factors affecting fish survival before approving a water appropriation permit.