justicedao/ipfs_state_laws huggingface dataset:
690-510-0010 Classifications (1) The maximum economic development of this state, the attainment of the highest and best use of the waters of the Malheur Basin, and the attainment of an integrated and coordinated program for the benefit of the state as a whole will be furthered through utilization of the aforementioned waters only for domestic, livestock, municipal, irrigation, flow augmentation, commercial, agriculture, power development, industrial, mining, recreation, wildlife, and fish life uses, and the waters of the Malheur Basin are hereby so classified with the following exceptions: (a) The maximum economic development of this state, the attainment of the highest and best use of the waters of the natural lakes of the Malheur Basin, and the attainment of an integrated and coordinated program for the benefit of the state as a whole will be furthered through utilization of the aforementioned waters only for domestic, livestock, irrigation of lawn or noncommercial garden not to exceed one-half acre in area, power development not to exceed 7 1/2 theoretical horsepower, recreation, wildlife, and fish life uses, and the waters of the natural lakes of the Malheur Basin are hereby so classified. (b) Stored water may be used for any beneficial purpose. (c) Storage, of up to 1000 acre-feet of water in the Malheur Basin, for domestic or livestock purposes authorized under water rights with priority dates after November 6, 1992, shall be exempt from regulation for storage of water reserved under OAR 690-510-0110 through 0120. (2) The maximum economic development of this state, the attainment of the highest and best use of 1,454,000 acre-feet annually of natural flows of the Snake River, and the attainment of an integrated and coordinated program for the benefit of the state as a whole will be furthered through utilization of the aforementioned waters only for domestic, livestock, municipal, and irrigation uses, and the 1,454,000 acre-feet annually of natural flows of the Snake River are hereby so classified. (3) Structures or works for the utilization of the waters in accordance with the aforementioned classifications are also declared to be prejudicial to the public interest unless planned, constructed, and operated in conformity with applicable provisions of ORS 536.310 and any such structures or works are further declared to be prejudicial to the public interest which do not give cognizance to the multiple-purpose concept. Statutory/Other Authority: ORS 536 Statutes/Other Implemented: ORS 536.220 & 536.310 History: WRD 7-2016, f. & cert. ef. 10-18-16 WRD 2-1997, f. & cert. ef. 2-25-97
690-510-0020 Water Quality Rights to use of water for industrial or mining purposes shall be issued only on condition that any effluents or return flows from such uses shall not interfere with other beneficial uses of water. Statutory/Other Authority: ORS 536 & 537 History: WRD 7-2016, f. & cert. ef. 10-18-16 WRD 2-1986, f. & cert. ef. 2-20-86 WRD 2-1985, f. & cert. ef. 3-28-85 WRD 1-1981, f. & cert. ef. 4-20-81 WRB 44, f. 10-29-70
690-510-0110 Malheur Reservations Unappropriated water is reserved for storage in multipurpose reservoirs to be constructed in the future. The priority date of the reservations is November 6, 1992. The quantity and source of reserved water is as follows: (1) Thirty five thousand (35,000) acre-feet of the Malheur River and tributaries, excluding the North Fork and South Fork Malheur Rivers and tributaries; (2) Thirteen thousand two hundred (13,200) acre-feet of the South Fork Malheur River and tributaries. Statutory/Other Authority: ORS 537 Statutes/Other Implemented: ORS 537.249 & 537.356 History: WRD 7-2016, f. & cert. ef. 10-18-16 WRD 2-1997, f. & cert. ef. 2-25-97
690-511-0010 Classifications (1) The maximum economic development of this state, the attainment of the highest and best use of the waters of the Owyhee Basin, and the attainment of an integrated and coordinated program for the benefit of the state as a whole will be furthered through utilization of the aforementioned waters only for domestic, livestock, municipal, irrigation, flow augmentation, commercial, agriculture, power development, industrial, mining, recreation, wildlife, and fish life uses, and the waters of the Owyhee Basin are hereby so classified with the following exceptions: (a) The maximum economic development of this state, and the attainment of the highest and best use of the waters of the mainstem of the South Fork Owyhee River from the Oregon – Idaho border to Three Forks (the confluence of the North, Middle and South Forks Owyhee River), and the main stem Owyhee River from Crooked Creek (river mile 118) to the mouth of Birch Creek (river mile 76), and the attainment of an integrated and coordinated program for the benefit of the state as a whole will be furthered through utilization of the aforementioned waters only for domestic, livestock, municipal, irrigation, industrial, mining, recreation, wildlife, and fish life uses and the aforementioned waters are hereby so classified. (b) The maximum economic development of this state, the attainment of the highest and best use of the waters of the natural lakes of the Owyhee Basin, and the attainment of an integrated and coordinated program for the benefit of the state as a whole will be furthered through utilization of the aforementioned waters only for domestic, livestock, irrigation of lawn or noncommercial garden not to exceed one-half acre in area, power development not to exceed 7 1/2 theoretical horsepower, recreation, wildlife, and fish life uses, and the waters of the natural lakes of the Owyhee Basin are hereby so classified. (2) Surface water classification: (a) Owyhee River and its tributaries above the Owyhee Reservoir are withdrawn from further appropriation for irrigation purposes by order of the State Engineer dated May 27, 1929. (3) Stored water may be used for any beneficial purpose. (4) Storage, of up to 1,000 acre-feet of water in the Owyhee Basin, for domestic or livestock purposes authorized under water rights with priority dates after November 6, 1992, shall be exempt from regulation for storage of water reserved under OAR 690-511-0110. Statutory/Other Authority: ORS 536 Statutes/Other Implemented: ORS 536.220 & 536.310 History: WRD 8-2016, f. & cert. ef. 10-18-16 WRD 2-1997, f. & cert. ef. 2-25-97
690-511-0020 Water Quality Rights to use of water for industrial or mining purposes shall be issued only on condition that any effluents or return flows from such uses shall not interfere with other beneficial uses of water. Statutory/Other Authority: ORS 536 Statutes/Other Implemented: ORS 536.220 & 536.310 History: WRD 8-2016, f. & cert. ef. 10-18-16 WRD 2-1997, f. & cert. ef. 2-25-97
690-511-0110 Owyhee Reservations Sixty thousand (60,000) acre-feet of unappropriated water of the Owyhee River and tributaries are reserved. The water is reserved for storage in multipurpose reservoirs to be constructed in the future. The priority date of the reservations is November 6, 1992. Statutory/Other Authority: ORS 537 Statutes/Other Implemented: ORS 537.249 & 537.356 History: WRD 2-1997, f. & cert. ef. 2-25-97
690-512-0010 Definitions Unless specified in these rules the definitions in OAR 690-300-0010 apply to the below rules: (1) “Adaptive Management Checkpoint” means the scheduled interval at which the Department evaluates changes in groundwater levels and determines if adjustments to scheduled reductions in groundwater use are required as described in OAR 690-512-0080. (2) “Exempt Groundwater Uses” are those defined in ORS 537.545. (3) “Groundwater Level Change Envelope” means the modeled trajectory for groundwater levels to achieve the target groundwater level trend by 2058. A groundwater level change envelope is modeled for each subarea including the median, 10th, 25th, 75th, and 90th percentiles relative to the modeled groundwater levels in 2028. The envelope describes the range of values that will be used to inform the adaptive management process in OAR 690-512-0080. The trajectories are modeled using “Groundwater model of the Harney Basin, southeastern Oregon” by S.B. Gingerich, D.E. Boschmann, G.H. Grondin, and H.J. Schibel, 2024, U.S. Geological Survey Scientific Investigations Report 2024-5017. (4) “Initial Allotment” means the maximum annual volume of water that may be used by each groundwater right upon completion of the contested case. (5) “Permissible Total Withdrawal” is the annual volume of groundwater pumping the Department has determined can achieve the target groundwater level trend by 2058 when following the schedule of reductions defined in OAR 690-512-0070. The unit of measure for the permissible total withdrawal is acre- feet. (6) “Public Uses” are those uses defined in ORS 537.332. (7) “ Regulated off” and “reduce” means the act of limiting groundwater use through a regulatory order. (8) “Subarea” means an administratively defined portion of the critical groundwater area to which corrective control provisions under ORS 537.735(3)(a)-(f) may be applied. (9) “Target Groundwater Level Trend” means the goal for the rate of change in groundwater levels within a subarea of the critical groundwater area. (10) “Totalizing flow meter” is an instrument used to measure and display both the instantaneous flow rate, and the total volume of groundwater produced from a well. Statutory/Other Authority: ORS 537.545, ORS 537.735 & OAR 690-300-0010 Statutes/Other Implemented: ORS 536.300, ORS 536.027, ORS 537.332 & ORS 537.780 History: WRD 1-2026, amend filed 01/12/2026, effective 01/12/2026 WRD 2-2016, f. 4-14-16, cert. ef. 4-15-16
690-512-0020 Administrative Boundaries (1) The Greater Harney Valley Groundwater Area of Concern (GHVGAC) Boundary is defined for administrative purposes and is described and shown in Exhibit 1. (2) The Malheur Lake Basin Boundary is delineated on the agency Map 12.6, dated January 1, 1966, and shown in Exhibit 2. (3) The Serious Water Management Problem Area (SWMPA) Boundary is defined as the Harney Basin within the Malheur Lake Basin and within portions of Grant and Harney Counties as shown in Exhibit 3. (4) The Groundwater Classification Boundary is defined as the Harney Basin within the Malheur Lake Basin and within portions of Grant and Harney Counties as shown in Exhibit 4. (5) The Harney Basin is defined as the closed surface-water basin that drains into Malheur and Harney Lakes and includes the four National Watershed Boundary Dataset 8-digit hydrologic units Donner und Blitzen 17120003, Silver 17120004, Harney-Malheur Lakes 17120001, and Silvies 17120002 as shown in Exhibit 5. (6) The Harney Basin Groundwater Reservoir Boundary is defined as the area coincident with the Harney Basin Boundary, as shown in Exhibit 5. (7) The Harney Basin Critical Groundwater Area Boundary is defined as the area coincident with the Greater Harney Valley Groundwater Area of Concern Boundary as shown in Exhibit 1 and contains a portion of the Harney Basin Groundwater Reservoir. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 540.435, ORS 536.340 & ORS 537.735 Statutes/Other Implemented: ORS 537.027, ORS 537.525, ORS 536.300, ORS 540.435, ORS 536.340, ORS 537.735 & ORS 537.780 History: WRD 1-2026, amend filed 01/12/2026, effective 01/12/2026 WRD 2-2016, f. 4-14-16, cert. ef. 4-15-16
690-512-0030 Classifications (1) Except as provided in section 2 of this rule, the groundwater and surface water of the Malheur Lake Basin are classified for direct appropriation of, or storage of surface water and use of, water for domestic, livestock, irrigation, municipal, quasi-municipal, industrial, mining, agricultural water use, commercial, power development, forest management, public uses, road watering, dust abatement, and wildlife refuge management. (2) Groundwater in the Groundwater Classification Boundary defined in OAR 690-512-0020(4) is classified for statutorily exempt groundwater uses as specified in ORS 537.545 and nonconsumptive geothermal uses. Statutory/Other Authority: ORS 536.340, ORS 537.621(2), ORS 536.340 & 537.545 Statutes/Other Implemented: ORS 536.027, ORS 536.300, ORS 536.340, ORS 537.621(2), ORS 536.340, ORS 537.780, ORS 537.525 & 537.545 History: WRD 1-2026, adopt filed 01/12/2026, effective 01/12/2026
690-512-0050 Permissible Total Withdrawal for Subareas Within the Harney Basin Critical Groundwater Area The Department may not reduce groundwater pumping in a subarea through regulatory orders to a value less than the permissible total withdrawal. (1) The permissible total withdrawal for the Dog Mountain subarea shall be 4,300 acre-feet per year. (2) The permissible total withdrawal for the Lower Blitzen-Voltage subarea shall be 8,300 acre-feet per year. (3) The permissible total withdrawal for the Northeast-Crane subarea shall be 35,000 acre-feet per year. (4) The permissible total withdrawal for the Silver Creek subarea shall be 15,300 acre-feet per year. (5) The permissible total withdrawal for the Silvies subarea shall be 21,200 acre-feet per year. (6) The permissible total withdrawal for the Weaver Springs subarea shall be 4,800 acre-feet per year. Statutory/Other Authority: ORS 537.735 Statutes/Other Implemented: ORS 536.027, ORS 537.780, ORS 537.735, ORS 537.525 & ORS 536.300 History: WRD 2-2026, adopt filed 01/14/2026, effective 01/14/2026
690-512-0060 Determination of Initial Allotment for All Groundwater Rights (1) To establish a schedule for reductions in groundwater use, the Department will determine an initial allotment for each groundwater right within the critical groundwater area. For each groundwater right not exempt from corrective controls as defined in OAR 690-512-0041(8), the initial allotment will be implemented through an order after completion of the contested case process as required in OAR 690-010. The initial allotment shall not exceed the total rate or duty authorized on the water right. (2) In determining the initial allotment for each primary and supplemental groundwater right with an irrigation use, the Department will allot a volume of water based on a maximum of 2.5 acre-feet per acre for groundwater rights not subject to forfeiture and the number of acres beneficially irrigated in the five-year period from 2020 to 2024. (3) In determining the initial allotment for each groundwater right with use types other than irrigation, municipal, and quasi-municipal, the department will consider: (a) The limits of the groundwater rights; (b) Beneficial use in the five-year period from 2020 to 2024; (c) Whether or not a water user is physically capable of putting the appropriated water to beneficial use; and (d) Any other factors deemed appropriate by the Department to determine historic beneficial use. Statutory/Other Authority: ORS 537.735 & ORS 537.742 Statutes/Other Implemented: ORS 536.027, ORS 537.780, ORS 537.525, ORS 537.735, ORS 537.742 & ORS 536.300 History: WRD 1-2026, adopt filed 01/12/2026, effective 01/12/2026
690-512-0090 Whitehorse and Willow Creeks Willow Creek and tributaries, and Whitehorse Creek and tributaries are withdrawn from future appropriations except as described in the order of the Water Resources Commission effective April 24, 1992. Statutory/Other Authority: ORS 536.410 Statutes/Other Implemented: ORS 536.410 History: WRD 2-2016, f. 4-14-16, cert. ef. 4-15-16
690-513-0020 Policies The water resources of the Goose and Summer Lakes Basin are important for irrigation and instream aquatic life, fish life, recreation and wildlife uses. The waters also are used for domestic, municipal, industrial and stockwatering purposes. The protection and maintenance of water resources for these uses will promote the economic and general welfare of the people of the state. Therefore, it shall be the policy of the Commission to: (1) Limit the potential for additional conflict over inadequate supplies of water and to enhance watershed conditions as needed to provide for instream and out-of-stream needs. (2) Promote improvement of water quality and quantity through protection and improvement of watershed conditions, particularly those within riparian areas. (3) Promote protection and restoration of the quality of surface and ground water supplies from the effects of past and future mining and waste disposal activities and to protect the public health where contamination has occurred. (4) Promote the improvement of watershed conditions and facilities needed for enhanced fish and wildlife habitat and recreational opportunities. (5) Cooperate with other states in the protection of existing users of water form reductions in the quantity or quality of supplies. (6) Promote the development and use of geothermal resources where development is accomplished in a manner consistent with conservation of the resource and without harming current water right holders. (7) Encourage the active involvement of basin residents in all decisions affecting the availability and quality of water in the area. (8) Ensure the perpetual availability of ground water resources by protecting the resource from the demands of future uses where necessary. Statutory/Other Authority: ORS 183, 536 & 537 History: WRD 2-1990, f. & cert. ef. 2-23-90, Renumbered from 690-080-0130 WRD 3-1987, f. & cert. ef. 3-13-87 WRD 14-1985, f. & cert. ef. 12-20-85 WRD 5, f. 6-15-77 WRB 31, f. 5-7-65
690-513-0030 Goose Lake Subbasin (1) Objectives. The objectives of the Commission in managing the surface and ground water resources of the Goose Lake Subbasin consistent with the provisions of the Goose Lake Compact are to: (a) Avoid additional conflicts over inadequate supplies of water from and protect the remaining instream flows in Thomas Creek; (b) Prevent the spread of the contaminated water originating at the uranium mill tailings site near Lakeview through regulation of well construction. (2) Classifications. Except as otherwise provided in this subsection, the surface and ground waters of the Goose Lake Subbasin are classified for agriculture, domestic, fish life, ground water recharge, industrial, instream, irrigation, mining, municipal, pollution abatement, power, recreation and stockwater uses. (a) Surface waters of Thomas Creek and tributaries below the point where Thomas Creek enters Section 15, Township 38S, Range 19E, except Cottonwood Creek, are classified for any beneficial use of stored water, domestic and stockwater uses; (b) Surface waters of Thomas Creek and tributaries above the point where Thomas Creek enters Section 15, Township 38S, Range 19E are classified for any beneficial use of stored water, domestic, instream and stockwater uses; (c) Ground water from alluvial aquifers within the Thomas Creek drainage above the point where Thomas Creek enters Section 15, Township 38S, Range 19E, is classified for domestic and stock-water uses only; (d) Ground water from any well within 1,000 feet of Thomas Creek, or a tributary, and taking water from an unconfined aquifer is classified for domestic and stockwater uses only. This paragraph only applies to wells within the following areas: (A) Sections 28, 29, and 31–35; Township 37S; Range 20E; (B) Sections 10–15, 21–27, and 34–36; Township 38S; Range 19E; (C) Sections 2–11, 14–22, and 28–33; Township 38S; Range 20E; (D) Sections 1–3 and 10–15; Township 39S; Range 19E; (E) Sections 3–10, 15–22, and 27–34; Township 39S; Range 20E. (3) Reservoir Standards. Development of a reservoir may be permitted on any stream in the Goose Lake Subbasin, however, in addition to meeting any other standards required by the Commission, any person proposing development of a reservoir in the subbasin shall give due consideration to: (a) Alternative sizing of the project to achieve a reasonable economic development of the proposed site; (b) The potential for use of the reservoir, and any water which is stored and released, for multiple beneficial uses; and (c) The maintenance of natural flows downstream from the reservoir at levels sufficient to meet instream and out-of-stream needs. Statutory/Other Authority: ORS 183, 536 & 537 History: WRD 2-1990, f. & cert. ef. 2-23-90, Renumbered from 690-080-0130 WRD 3-1987, f. & cert. ef. 3-13-87 WRD 14-1985, f. & cert. ef. 12-20-85 WRD 5, f. 6-15-77 WRB 31, f. 5-7-65
690-513-0050 Chewaucan Subbasin (1) Objective. The objective of the Commission in managing the surface and ground water resources of the Chewaucan Subbasin is to avoid additional conflicts over inadequate supplies of water from and to protect the remaining instream flows in the Chewaucan River. (2) Classifications. Except as otherwise provided in this subsection, the surface and ground waters of the Chewaucan Subbasin are classified for agriculture, domestic, fish life, ground water recharge, industrial, instream, irrigation, mining, municipal, pollution abatement, power, recreation and stockwater uses. (a) Surface waters of the Chewaucan River and tributaries above USGS gage 10384000 are classified for agriculture, domestic, fish life, ground water recharge, industrial, instream, irrigation, mining, municipal, pollution abatement, power, recreation and stockwater uses from November 1 to July 31; (b) Surface waters of the Chewaucan River and tributaries between the point where the Chewaucan River enters Section 4, Township 34S, Range 18E and USGS gage 10384000 are classified for any beneficial use of stored water, domestic and stockwater uses from August 1 to October 31; (c) Surface waters of the Chewaucan River and tributaries above the point where the Chewaucan River enters Section 4, Township 34S, Range 18E are classified for any beneficial use of stored water, domestic, instream and stockwater uses from August 1 to October 31. (3) Reservoir Standards. Development of a reservoir may be permitted on any stream in the Chewaucan Subbasin, however, in addition to meeting any other standards required by the Commission, any person proposing development of a reservoir in the subbasin shall give due consideration to: (a) Alternative sizing of the project to achieve a reasonable economic development of the proposed site; (b) The potential for use of the reservoir, and any water which is stored and released, for multiple beneficial uses; and (c) The maintenance of natural flows downstream from the reservoir at levels sufficient to meet instream and out-of-stream needs. Statutory/Other Authority: ORS 183, 536 & 537 History: WRD 2-1990, f. & cert. ef. 2-23-90, Renumbered from 690-080-0130 WRD 3-1987, f. & cert. ef. 3-13-87 WRD 14-1985, f. & cert. ef. 12-20-85 WRD 5, f. 6-15-77 WRB 31, f. 5-7-65