The Oregon Water Resources Department has the following updates to share regarding the proposed rulemaking pertaining to Water Rights Transactions, Contested Cases, and Forfeiture Rules.

Errata Sheet

The Department discovered a copy and paste error on page 45 of the Notice of Proposed Rulemaking which relates to OAR 690-014-0050. The “Rule Summary” in the Notice explains the proposed rule changes; however, the rule language itself does not match and does not represent the proposed rule changes. The Department has added an errata sheet to the front of the posted Notice of Proposed Rulemaking which clarifies the intended language.

Summary of Proposed Changes

The Department also has prepared a 6-page handout which provides a Summary of Proposed Changes. This handout should provide a useful overview of the proposed rule changes.

 

The original notice is provided below for reference:

Updates to Water Rights Transactions, Contested Cases, and Forfeiture Rules

SUMMARY: The purpose of this rulemaking is to (1) implement legislation, including House Bill 3342 (Chapter 282, 2025 Oregon Law) relating to water rights transactions, House Bill 3544 (Chapter 575, 2025 Oregon Law) relating to contested case processes, Senate Bill 1154 (Chapter 605, 2025 Oregon Law) relating to issuing water rights for public water systems to replace domestic wells in groundwater quality management areas, and pre-2025 legislation relating to split season leasing and transfers of stored water rights; (2) implement other policy and process improvements relating to water rights transactions; and (3) make other changes, including aligning definitions with updated rules and cleaning up impacted rule divisions by fixing spelling, grammar, formatting, rule numbering, statutory and rule references, and other statutory minor corrections (ORS 183.335(7)).

The Department is proposing rules changes for the following Chapter 690 Divisions: 2 (Protests and Contested Cases), 14 (Certified Water Rights Examiners), 17 (Cancellation of Perfected Water Rights), 18 (Allocation of Conserved Water), 77 (Instream Water Rights), 300 (Definitions), 305 (new - General Map Criteria), 310 (Water Right Application Processing), 315 (Water Right Permit Extensions), 325 (Assignment of a Water Right Permit and Request for Issuance of Replacement Permits), 340 (Water Use Authorization), 380 (Water Right Transfers), and 382 (Groundwater Registration Modifications). 

Public hearings are scheduled for January 27, 2026, and January 29, 2026, for members of the public to submit oral comments. More information is provided below. Pre-hearing, information only sessions are offered prior to each hearing, for members of the public to learn more about the proposed rulemaking and ask questions. 

The Department will accept written public comments on the rules through 5:00 pm on February 6, 2026. 

This rulemaking involves changes to rules that are part of the Department’s State Agency Land Use Coordination program and a Notice of Change to Land Use Program has been issued in accordance with OAR 660-030-0075 and OAR 690-005-0050(7). 

INFORMATION: The Notice of Proposed Rulemaking, rule drafts, and Notice of Change to Land Use Program required by OAR 660-030-0075 and OAR 690-005-0050(7) are available on the rulemaking website: https://www.oregon.gov/owrd/programs/policylawandrules/OARS/Pages/2025-Water-Rights-Rulemaking.aspx.  

 

HOW TO COMMENT: You may comment on the proposed rules by sending written comments by 5:00 PM on February 6, 2026. 

By Mail: Laura Hartt, Rules Coordinator 

Oregon Water Resources Department 

725 Summer St. NE, Suite A 

Salem, OR 97301-1271 

By Email: WRD_DL_rule-coordinator@water.oregon.gov 

 

PRE-HEARING INFORMATION SESSIONS & PUBLIC HEARINGS (DATES, TIMES, LOCATIONS): 

Date: January 27, 2026

Information Only Session Time: 5:30 p.m. to 6:30 p.m. 

Hearing Time: 7:00 p.m. to 9:00 p.m. 

In-person: North Mall Office Building, Room 124, 725 Summer St NE, Ste A, Salem, OR 97301  

Virtually (via Zoom): Zoom registration link  

Phone: 719-359-4580 

Conference ID: 94968545223 

 

Date: January 29, 2026 

Information Only Session Time: 8:30 a.m. - 9:30 a.m. 

Hearing Time: 10:00 a.m.- noon 

In-person: City of Bend Public Works Campus, 21051 NE Talus Place, Prowell Springs Conf Room - 3rd Floor, Bend, OR 97701 

Virtually (via Zoom): Zoom registration link 

Phone: 719-359-4580  

Conference ID: 91305338974

 

PRE-HEARING INFORMATION ONLY SESSIONS: No comments on the proposed rules will be accepted during these sessions. To provide public comment, please attend a public hearing or submit written comments to the address and email above. The pre-hearing information only sessions on January 27 (Salem) and January 29 (Bend) will take place in person and virtually, as described below.  

The pre-hearing information only sessions will be recorded and available for viewing within 48 hours on the rulemaking website: https://www.oregon.gov/owrd/programs/policylawandrules/OARS/Pages/2025-Water-Rights-Rulemaking.aspx. 

RULEMAKING HEARINGS: You may provide oral or written comments on the proposed rules at one of the rulemaking hearings. The hearings on January 27 (Salem) and January 29 (Bend) will take place in person and virtually, as described below. 

The public hearings will be recorded and available for viewing within 48 hours on the rulemaking website: https://www.oregon.gov/owrd/programs/policylawandrules/OARS/Pages/2025-Water-Rights-Rulemaking.aspx. 

ACCESSIBILITY: Each information session and hearing location is accessible to persons with disabilities. Language services also are available upon request. A request for an interpreter for the hearing impaired, other language services, or for other accommodations for persons with disabilities should be made at least 48 hours before the information session and/or hearing you wish to attend. Please submit your request to WRD_DL_rule-coordinator@water.oregon.gov.