justicedao/ipfs_state_laws huggingface dataset:
690-086-0300 Alternate Municipal Water Management and Conservation Plans for Small Municipal Water Suppliers: Applicability (1) A Small Municipal Water Supplier may submit an Alternate Municipal WMCP pursuant to OAR 690-086-0325 to 690-086-0370 in lieu of submitting a Municipal WMCP pursuant to OAR 690-086-0125 to 690-086-0170, if the Small Municipal Water Supplier has documented and submitted findings that the following would not be necessary to meet current or projected demand within the next 10 years: (a) Acquisition of a new water right (as described in OAR 690-086-0170(8)); or (b) Expand or initiate diversion of water allocated under an Extended Permit (as described in OAR 690-086-0170(5)). (2) The Department shall determine if the Small Municipal Water Supplier meets the requirements described in section (1) of this rule at the time the plan is submitted. If the Department determines that the Small Municipal Water Supplier does not meet the requirements as defined in section (1) of this rule, the Department shall: (a) Return the Alternate Municipal WMCP to the Small Municipal Water Supplier ; and (b) Require the Small Municipal Water Supplier to submit a Municipal WMCP that meets the requirements of OAR 690-086-0125. (3) If the acquisition of a new water right, as described in OAR 690-086-0170(8), occurs after the submittal and approval of an Alternate Municipal WMCP, the Small Municipal Water Supplier shall submit an updated Municipal WMCP pursuant to OAR 690-086-0125 as required by a final order approving a previous plan or by any other order of the Department. (4) A Small Municipal Water Supplier may submit an Alternate Municipal WMCP pursuant to OAR 690-086-0325 to meet the requirements of OAR Chapter 690, Division 315 so long as section (1) of this rule is met at the time the plan is submitted. Statutory/Other Authority: ORS 536.027, 537.211 & 540.572 Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010 History: WRD 7-2018, adopt filed 12/21/2018, effective 12/21/2018
690-086-0320 Alternate Municipal WMCP for Small Municipal Water Suppliers: General Provisions (1) Each Small Municipal Water Supplier that submits an Alternate Municipal WMCP shall exercise diligence in implementing the approved plan and shall update and resubmit a plan consistent with the requirements of these rules as prescribed during plan approval. (2) Benchmarks and implementation schedules for conservation measures or other actions and other water supply development activities may be modified through the subsequent approval of an updated plan. (3) Progress reports submitted by Small Municipal Water Supplier s will be used in determining whether five-year Benchmarks are being met and/or if schedule changes proposed in updated plans are reasonable and appropriate. (4) Progress reports submitted by Small Municipal Water Supplier s shall include: (a) A list of the Benchmarks established under OAR 690-086-0350 and a description of the progress of the Small Municipal Water Supplier in implementing the associated conservation measures or other actions; (b) Average monthly diversions and average daily diversions under each right held by the Small Municipal Water Supplier for the previous five years; and (c) A description of the results of the annual Water Audit required under OAR 690-086-0350(4)(a). (5) Upon receipt of a progress report the Department shall provide public notice in the weekly Public Notice published by the Department and provide an opportunity for written public comment for 30 days following publication of the notice. The Department shall provide copies of any comments received to the Small Municipal Water Supplier . (6) A water master plan that meets the requirements of OAR Chapter 333, Division 61 or the water supply element of a public facilities plan prepared that meets the requirements of OAR Chapter 660, Division 11 which substantially meets the requirements of OAR 690-086-0320 to 690-086-0370 may be submitted to meet the requirements of these rules. (7) In the development of an Alternate Municipal WMCP, each Small Municipal Water Supplier is encouraged to consult with the planning departments or appropriate officials of Affected Local Governments to obtain information related to demand projections in comprehensive land use plans early in the development of the plan. (8) At least 30 days prior to submitting a draft plan to the Department, a Small Municipal Water Supplier shall make the draft plan available for review by each Affected Local Government along with a request for comments relating to consistency with the local government's comprehensive land use plan. (9) Each Small Municipal Water Supplier preparing an Alternate Municipal WMCP is encouraged to develop and implement a program to involve the supplier's customers in the preparation of the plan. Recommendations include making the plan available for public inspection and conducting public meetings to provide information and gather input on the plan. Statutory/Other Authority: ORS 536.027, 537.211 & 540.572 Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010 History: WRD 7-2018, adopt filed 12/21/2018, effective 12/21/2018
690-086-0325 Alternate Municipal WMCP: Water Supplier Plan Elements for Small Municipal Water Suppliers An Alternate Municipal WMCP submitted by a Small Municipal Water Supplier shall include: (1) A water supplier description for Small Municipal Water Supplier s as described under OAR 690-086-0340; (2) A water conservation element for Small Municipal Water Supplier s as described under OAR 690-086-0350; (3) A Water Curtailment Element for Small Municipal Water Supplier s as described under OAR 690-086-0360; (4) A water supply element for Small Municipal Water Supplier s as described under OAR 690-086-0370; (5) A list of the Affected Local Governments to whom the draft plan was made available pursuant to OAR 690-086-0320(8) and a copy of any comments on the plan provided by the local governments; (6) A proposed date for submittal of an updated plan within no more than 10 years after submittal of the plan based on the proposed schedule for implementation of conservation measures, and as available, any relevant schedules for other community planning activities, the rate of growth, and any other changes expected by the water supplier; or an explanation of why submittal of an updated plan is unnecessary and should not be required by the Department; and (7) If the Small Municipal Water Supplier is requesting additional time to implement Metering as required under OAR 690-086-350(4)(b) or a Benchmark established in a previously approved plan, documentation showing additional time is necessary to avoid unreasonable and excessive costs. Statutory/Other Authority: ORS 536.027, 537.211 & 540.572 Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010 History: WRD 7-2018, adopt filed 12/21/2018, effective 12/21/2018
690-086-0330 Criteria for Approval of an Alternate Municipal WMCP Submitted by Small Municipal Water Suppliers In order to approve an Alternate Municipal WMCP under OAR 690-086-0915, the Department must find that: (1) The plan includes each of the required elements under OAR 690-086-0325; (2) For each of the water conservation measures required under OAR 690-086-0350(4), the plan includes a reasonable and appropriate schedule with five year Benchmarks for implementation of conservation activities; (3) The Water Curtailment Element required under OAR 690-086-0360 satisfactorily promotes water curtailment practices and the coordination of usage regulation, taking into account state water law and local conditions, or is substantially the same as a curtailment plan prepared pursuant to ORS 536.780 and OAR 690-019-0090 and approved by the Department within the previous five years; and (4) If mitigation is legally required to address limitations or restrictions on the development of permits for which resource issues are identified under OAR 690-086-0340(5)(i), the plan contains documentation that the supplier is complying with the mitigation requirements. The Department may consult with federal and state agencies in making this determination. Statutory/Other Authority: ORS 536.027, 537.211 & 540.572 Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010 History: WRD 7-2018, adopt filed 12/21/2018, effective 12/21/2018
690-086-0340 Alternate Municipal WMCP: Water Supplier Description for Small Municipal Water Suppliers The Small Municipal Water Supplier description element of an Alternate Municipal WMCP shall include at least the following information: (1) A description of the supplier's source(s) of water, including diversion, storage and regulation facilities, exchange agreements, intergovernmental cooperation agreements, and water supply or delivery contracts; (2) A delineation of the current service areas, an estimate of the population served, and a description of how the estimate was calculated; (3) An assessment of the adequacy and reliability of the existing water supply considering system reliability and redundancy. The Department may, at the request of the Small Municipal Water Supplier , assist with identifying potential limitations on continued use under existing water rights resulting from existing and potential future restrictions. (4) A quantification of the water delivered by the Small Municipal Water Supplier that identifies current and available historic average annual water use, average day use, and peak day use; (5) A tabular list of water rights held by the Small Municipal Water Supplier that includes the following information: (a) Application, permit, transfer, and certificate numbers (as applicable); (b) Priority date(s) for each right; (c) Source(s) of water for each right; (d) Type(s) of beneficial uses specified in each right; (e) Maximum instantaneous and annual quantity of water allowed under each right; (f) Maximum instantaneous and annual quantity of water diverted under each right to date; (g) Average monthly and average daily diversions under each right that is conveyed through the supplier’s distribution system for the previous year, and if available for the previous five years; (h) Currently authorized date for completion of development under each right; and (i) Identification of any streamflow-dependent species listed by a state or federal agency as sensitive, threatened or endangered that are present in the source, any listing of the source as water quality limited and the water quality parameters for which the source was listed, and any designation of the source as being in a critical ground water area. The Department shall, at the request of the Small Municipal Water Supplier , provide the information necessary to meet the requirements of this rule. (6) Identification and description of interconnections with other water supply systems; and (7) A schematic of the system that shows the sources of water, storage facilities, treatment facilities, major transmission and distribution lines, pump stations, interconnections with other water supply systems, and the existing and planned future service area. Statutory/Other Authority: ORS 536.027, 537.211 & 540.572 Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010 History: WRD 7-2018, adopt filed 12/21/2018, effective 12/21/2018
690-086-0360 Alternate Municipal WMCP: Water Supplier Curtailment Element for Small Municipal Water Suppliers The Water Curtailment Element of an Alternate Municipal WMCP shall include at least the following: (1) A description of any supply deficiencies experienced within the past 10 years and current capacity limitation(s); (2) A list of two or more stages of alert for potential source shortage or water service difficulties; (3) A description of pre-determined levels of severity of source shortage or water service difficulties that will trigger the curtailment actions under each stage of alert; and (4) A list of specific standby water use curtailment actions for each stage of alert. Statutory/Other Authority: ORS 536.027, 537.211 & 540.572 Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010 History: WRD 7-2018, adopt filed 12/21/2018, effective 12/21/2018
690-086-0370 Alternate Municipal WMCP: Water Supply Element for Small Municipal Water Suppliers The water supply element of an Alternate Municipal WMCP shall include the following: (1) A description of the current and future service areas, including population projection estimates or other relevant growth projections; (2) Based on the information provided in section (1) of this rule, an estimate of the water supplier’s water demand projections for 10 and 20 years; and (3) A comparison of the projected water needed and the quantity of water currently available to the Small Municipal Water Supplier , and a description of how the Small Municipal Water Supplier will meet future system demand. Statutory/Other Authority: ORS 536.027, 537.211 & 540.572 Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010 History: WRD 7-2018, adopt filed 12/21/2018, effective 12/21/2018
690-086-0900 Water Management and Conservation Plan Review, Approval, and Enforcement (1) The rules in OAR 690-086-0900 to 690-086-0920 set out the process and criteria for the Department's review, approval, and enforcement of Municipal WMCPs, water management and conservation plans submitted by, Agricultural Water Suppliers, and Alternate Municipal WMCPs. The rules apply to the submittal and review of draft plans, proposed final plans, and subsequent updates. (2) The Department may allow additional time for a Municipal Water Supplier (under OAR 690-086-0150(4)(b)) or Small Municipal Water Supplier (under OAR 690-086-0350(4)(b)) to implement water Metering or a Benchmark established in a previously approved plan if the water supplier shows that additional time is necessary to avoid unreasonable and excessive costs. (3) Notwithstanding any of the requirements of these rules, except OAR 690-086-0150(2), 690-086-0250(2), and 690-086-0350(2), the Department may approve a water management and conservation plan if the plan is generally consistent with the applicable criteria and includes a schedule for completion within five years of any additional work necessary to satisfy the requirements. (4) Any Municipal WMCP approval that contains a requirement that a Municipal Water Supplier complete additional work under section (3) of this rule shall preclude additional diversion of water under an Extended Permit beyond the need quantified for the next two years. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010 History: WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018 WRD 4-2002, f. & cert. ef. 11-1-02
690-086-0905 Notice of Submittal of a Draft Plan or Updated Plan (1) The Department shall notify Affected Local Governments, affected Indian tribes, and all persons on the Department's weekly Public Notice mailing list that a draft water management and conservation plan prepared under the requirements of OAR 690-086-0125, 690-086-0225, or 690-086-0325 has been submitted to the Department and is available for review. (2) Any person may review and submit written comments on the draft plan within 30 days of the notification in section (1) of this rule. Written comments submitted under this subsection must cite specific provisions of concern in the draft plan, describe how each of the provisions cited do or do not satisfy the requirements of OAR Chapter 690, Division 086, suggest any modification in each provision that would be necessary to satisfy the relevant requirement, and include information to support any suggested modifications. Statutory/Other Authority: ORS 536.027, 537.211 & 540.572 Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010 History: WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018 Renumbered from 690-086-0910, WRD 4-2002, f. & cert. ef. 11-1-02 WRD 11-1994, f. & cert. ef. 9-21-94 WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018 WRD 4-2002, f. & cert. ef. 11-1-02 WRD 11-1994, f. & cert. ef. 9-21-94
690-086-0920 Enforcement If the Director determines that a water supplier has failed to submit a water management and conservation plan as required under OAR 690-086-0010 to 690-086-0370 or has failed to satisfactorily implement an approved water management and conservation plan, the Director may proceed with one or more of the following actions: (1) Initiate an evaluation of the supplier's water management practices and facilities to determine if the use of water is wasteful; (2) Initiate regulation of water use under OAR 690-250-0050 to eliminate waste; (3) Rescind a previous approval of a water management and conservation plan; and (4) If the submittal of the water management and conservation plan is required under a condition of a permit or an extension approved under OAR Chapter 690, Division 315 or 320, assess a civil penalty under OAR 690-260-0005 to 690-260-0110 or cancel the permit. Statutory/Other Authority: ORS 536.027, 537.211 & 540.572 Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010 History: WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018 WRD 11-1994, f. & cert. ef. 9-21-94
690-090-0005 Purpose (1) The Water Development Fund, referred to in these rules as the Water Development Loan Fund, was created to provide loans to develop the water resources of the state. The fund was established in the Water Development Act, Chapter 246, 1977 Laws and approved by a general election in November, 1977. The Act was subsequently amended to authorize loans for community water supply projects which benefit communities of less than 30,000 population, fish protection projects, and watershed enhancement projects. The Act is codified in ORS 541.700 to 541.855. (2) These rules provide instructions for the administration of the loan program. Statutory/Other Authority: ORS 183 & 541 Statutes/Other Implemented: ORS 541.845 History: WRD 3-1997, f. & cert. ef. 4-15-97 WRD 15-1988, f. & cert. ef. 9-20-88 WRD 9-1982, f. & ef. 8-9-82 WRD 1-1982, f. & ef. 1-11-82 WRD 1-1978, f. & ef. 2-13-78
690-090-0015 Eligibility: Applicant and Project (1) To be eligible, applicants shall meet the definition of water developer, as stated in OAR 690-090-0010. (2) To be eligible, projects shall meet the definition of a drainage project, irrigation project, community water supply project, fish protection project, watershed enhancement project or multipurpose project, as defined in OAR 690-090-0010. Statutory/Other Authority: ORS 541 Statutes/Other Implemented: ORS 541.700 - 541.855 History: WRD 3-1997, f. & cert. ef. 4-15-97 WRD 8-1986, f. & ef. 6-18-86 WRD 9-1982, f. & ef. 8-9-82 WRD 1-1982, f. & ef. 1-11-82 WRD 1-1978, f. & ef. 2-13-78
690-090-0016 Eligible Costs Subject to these rules, a loan may be approved to pay costs relating to the project including: (1) The costs of buying or otherwise acquiring, building, installing, rehabilitating or reconstructing a water development project as defined in OAR 690-090-0010; (2) Costs of obtaining a loan; (3) Design, engineering and license costs; (4) Reserves, interest costs relating to construction or interim financing, staff training, and site costs; and (5) Grant matching funds or other costs of funds needed for the project. Statutory/Other Authority: ORS 541 Statutes/Other Implemented: ORS 541.700, 541.705, 541.750, 541.770 & 541.835 History: WRD 3-1997, f. & cert. ef. 4-15-97
690-090-0017 Preferences To satisfy the preference set in ORS 541.703 and providing that the guidelines and criteria set forth in 541.700 through 541.855 and these rules are met, the director shall give priority to those projects required to be undertaken as a result of a proceeding under 222.840 to 222.915 or 431.705 to 431.760 to alleviate conditions constituting a danger to public health. Priority, as used here, shall mean moving such loan applications ahead of other applications that may have been previous in time and, to the extent funds are inadequate to meet demands of pending applications, priority in funding. Statutory/Other Authority: ORS 541 Statutes/Other Implemented: ORS 541.703 History: WRD 3-1997, f. & cert. ef. 4-15-97
690-090-0018 Authority of Director (1) The director is authorized by the commission to approve, deny, or amend loans, establish loan interest rates, and to execute bond and loan contracts. The director shall refer decisions on loan requests greater than three million dollars, or such other amount as may be established by order of the commission, to the commission with a written loan recommendation when discretionary authority allowed under OAR 690-090-0025 is exercised. The director may, at the director’s discretion, refer any loan decision to the commission along with a written loan recommendation. (2) The director may: (a) Contract with regulated lenders, state or federal agencies or others to provide services, subsidies or grants to the program. (b) Take such steps as are needed to recover loan funds and prevent their misuse, or to prevent project funds from being diverted from the originally approved purpose. (c) Delegate to staff, in writing, authority to approve, deny, or amend loans and to execute bond and loan contracts consistent with these rules. (d) Take any action allowed by law to comply with federal codes and rules on bonding or to assure the payment of program bonds. Statutory/Other Authority: ORS 536 & 541 Statutes/Other Implemented: ORS 541.700 - 541.855 History: WRD 3-1997, f. & cert. ef. 4-15-97