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104 West Valley View Road / PO Box 467
Talent, OR 97540 USA
tid@talentid.org 541-535-1529


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TALENT IRRIGATION DISTRICT
WATER RIGHT TRANSFER POLICY

The Board of Directors of the Talent Irrigation District, State of Oregon Water Resources Department, and the United States Bureau of Reclamation has the authority in approving or denying an application for transfer of water right. The Board will handle each transfer on a case-by-case basis. All requests for water rights that are received go into the existing request file (waiting list). When the District receives a request for transfer of water rights it will perform a preliminary review to determine if the request is feasible. The Board reserves the right to deny an application for transfer of water right. All decisions by the Board of Directors are final. It is the policy of the Board to allow water right transfers as follows:

1)To land belonging to the same owner and having the same source of water,
2)Private transfer of water rights
3)To the District Water Right Transfer Pool for distribution to the next available property on the list based on earliest application and capacity available.

Existing points of delivery will remain in the same location and it will be the landownerís responsibility to get the water to the new location. In some instances a new point of delivery will need to be established at the landowners expense.

The Board has many factors to keep in mind when considering a transfer. The following are a few:

1) Is the water right valid?
2) Does the District have any requests to receive transferred water rights from this source?
3) Is the property located within the boundaries of the District?
4) Has the property been classified as irrigable by the United States Bureau of Reclamation?
5) Is the property considered eligible for water according to the State of Oregon Water Right Certificate?
6) Is the transfer in the best interest of the District as a whole?
7) Is there capacity in the canal/lateral to serve the property?
8) Where will the point of delivery be?

All accounts must be current before an Application For Transfer can be considered.

The applicant will, at their expense, have the area being transferred from and the area being transferred to shown on a map drawn to the same scale as the Jackson County assessorís map for each parcel of land. The map(s) must be drawn by a licensed surveyor, licensed Certified Water Rights Examiner (CWRE) or other water rights examiner acceptable to the District. The maps must include the following:

1) The boundaries of the irrigated area (fences, ditches, roads, etc.), must be shown on a map drawn to the same scale as the Jackson County assessorís map for the parcel of land.
2) The acreage on each tax lot and the quarter/quarter section.
3) Point of delivery from existing District canal or lateral.
4) Location of area where any runoff will leave the property and how it will be controlled.
5) Supply a photocopy of the metes and bounds description for the entire tax lot involved in the transfer.
6) Supply proof of legal access to the water supply. Easements, right-of-ways, or ditch rights necessary for a proposed change are private matters between the applicant and the other landowners involved.
7) If the water right is to be delivered through a stream, the landowner is responsible for meeting all environmental, and fish and wildlife concerns, such as screening passage, etc.

The District will apply for the transfer with the Oregon Water Resources Department and the United States Bureau of Reclamation, if applicable.

The new water right landowner must pay for any additions or improvements to the Districtís facilities to allow use, such as:

1) Pump boxes, turnouts, etc.
2) Pipelines, ditches, etc.
3) Acquire and record any easements necessary for the transfer of water use and give copies of easements to the District.

The District requires sprinkler irrigation or some other proven equal water-conservation method.

The District requires metering of all new water use. The meter must read out in gallons per minute.

The District requires that a lien search be completed on the property. The landowner must obtain the lien search (Property Profile Report or Par Search) through a title company of their choice and pay all expenses involved. The lien search may not be older than six months.

The District requires a notarized statement from the mortgage holder (if any) supporting the proposed change.

A copy of the deed to the affected property must be supplied to the District.

Additional lands on any transfer can be donated to Talent Irrigation Districtís Transfer Pool for available transfer to the waiting list. Example: 20 acres of land being transferred to 18.5 acres of land leaves 1.5 excess acres that can be donated to TIDís Transfer Pool so the water right does not extinguish.

TALENT IRRIGATION DISTRICT TRANSFER PROCESS

Landowners wishing to move all or some of their water right to another location under the SAME OWNERSHIP AND HAVING THE SAME SOURCE OF WATER, the following is required:

1) All accounts must be paid current.
2) Pay the Talent Irrigation District filing fee of $550.00 for processing, publishing, and filing the transfer with the Oregon Water Resources Department. This is a non-refundable fee whether the transfer is approved or denied.
3) Proof of evidence that the water right has been used at least once for beneficial use and has not been forfeited for five or more years per ORS 540.610. This would consist of a notarized oath from the landowner stating that the water right is valid and a statement supporting the proposed change. (This form is included in this transfer packet.)
4) A notarized statement from the mortgage holder (if any) supporting the proposed change if the water is being moved to a different tax lot. (See attached sample)
5) A lien search (Property Profile Report or Par Search) if the water is being moved to a different tax lot.
6) A map to be drawn by a licensed surveyor, licensed Certified Water Rights Examiner (CWRE) or other water rights examiner acceptable to the District. The map is to show the tax lot and area covered by the water right to be removed along with the following:
a. The location of each point of diversion/delivery
b. The location and direction of the stream flow
c. The location of all dams and regulating or control works
d. The location of main canals, ditches, pipelines, or flumes. Location of physical features (drainage, fencing, etc.).
e. Any area that will be retaining the water right.
7) If part of the water right is being retained in itís original location, the owner must provide a mathematically correct map showing the remaining area of irrigation and the areas(s) to be left dry on a map drawn to the same scale as the Jackson County assessorís map for the parcel of land.

Landowners desiring to TRANSFER OFF a water right need to file an Application For Transfer of Water Right. The application consists of the following:

1) All accounts must be paid current.
2) Proof of evidence that the water right has been used at least once for beneficial use and has not been forfeited for five or more years per ORS 540.610. This would consist of a notarized oath from the landowner stating that the water right is valid and a statement supporting the proposed change. (This form is included in this transfer packet.)
3) A notarized statement from the mortgage holder (if any) supporting the proposed change. (See attached sample.)
4) A copy of the deed to the property.
5) A lien search of the property (Property Profile Report or Par Search) must be submitted with the transfer paperwork.
6) A map to be drawn by a licensed surveyor, Certified Water Rights Examiner (CWRE) or other water rights examiner acceptable to the District.. (The District will provide this map if the water right is to be transferred back to the District.) The map is to show the tax lot and area covered by the water right to be removed along with the following:
a. The location of each point of diversion.
b. The location and direction of the stream flow.
c. The location of all dams and regulating or control works.
d. The location of main canals, ditches, pipelines, or flumes. The location of physical features (drainage, fencing, etc.).
e. Area that has been irrigated, including the exact acreage amount and the quarter/quarter section.
f. Location of buildings that could be impacted (including neighboring property).
g. The map shall be drawn to the same scale as the Jackson County Assessorís map for that tax lot.
7) If part of the water right is being retained on itís original location, the owner must provide a mathematically correct map showing the remaining area of irrigation and the area(s) to be left dry on a map drawn to the same scale as the Jackson County assessorís map for the parcel of land. The map needs to show any portion of the water rights that are being retained.

Landowners desiring to RECEIVE a water right need to file an Application For Transfer of Water Right. The application consists of the following:

1) Pay the Talent Irrigation District filing fee of $550.00 for processing, publishing, and filing the transfer with the Oregon Water Resources Department. This is a non-refundable fee whether the transfer is approved or denied.
2) Upon final approval a District development charge must be paid. This will consist of a $220.00 flat fee for the first five acres and $30.00 for each additional acre or portion thereof over five acres. The revenue from this charge will be used to upgrade District facilities.
3) A notarized statement from the mortgage holder (if any) supporting the addition of a water right to the property.
4) A copy of the deed to the property.
5) A lien search (Property Profile Report or Par Search) of the property.
6) A map to be drawn by a licensed surveyor, Certified Water Rights Examiner (CWRE) or other water rights examiner acceptable to the District. The map is to show the tax lot and area to be covered by the water right along with the following:
a. The location of each point of diversion.
b. The location and direction of the stream flow.
c. The location of all dams and regulating or control works.
d. The location of main canals, ditches, pipelines, or flumes. The location of physical features (drainage, fencing, etc.).
e. Area to be irrigated, including the exact acreage amount and the quarter/quarter section.
f. Location of buildings that could be impacted (including neighboring property).
g. The map shall be drawn to the same scale as the Jackson County Assessorís map for that tax lot.
h. If the water right is to be delivered through a stream, the landowner is responsible for meeting all environmental, and fish and wildlife concerns such as screening passage, etc.
7) If the boundaries of the District must be altered to accommodate the transfer, the recipient must pay for all costs involved. These costs could include, but are not limited to the following: publication costs, soil surveys, archeological surveys, environmental surveys and any state or federal agency costs, etc.


For the necessary transfer forms please contact the District office.