The Water Resources Department may deny a change in the point of appropriation under ORS 540.505 to 540.586 for a ground water right if the proposed point of appropriation is for a source of ground water restricted under ORS 536.415 and the proposed use is subject to the restrictions, unless the proposed point of appropriation is: (1)(a) In a critical ground water area designated under ORS 537.730; (b) In the same aquifer as the existing point of appropriation; and (c) In the same portion of the critical ground water area as the existing point of appropriation; (2) In an area for which a ground water bank that is established by law or by rule mitigates the effects of the use of ground water; or (3) Related to the recovery of stored ground water under an artificial recharge or aquifer storage and recovery project. Note: 540.586 becomes operative April 1, 2026, and applies to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025.
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