justicedao/ipfs_state_laws huggingface dataset:
690-082-0030 Application Filing (1) An application for a permit to appropriate water under these rules must be accompanied by a letter to the Director showing: (a) The use will be of short duration during each year or for a continuous use period of no longer than five years; or (b) The use is of an unusual nature not likely to recur in the basin, and unlikely to have been within the uses considered by the Commission in adopting present basin classifications. (2) The application must also include land use information as provided in the Department’s Land Use Planning Procedures Guide or a receipt signed and dated by a local government official as evidence that the request for land use information was received by the local planning department. If land use information is not postmarked, or received by the Department, within 60 days of request, as evidenced by a receipt, the Department shall conclude that the requirement for obtaining land use information has been met and may proceed with processing the permit. Statutory/Other Authority: ORS 183, 197 & 536 History: WRD 12-1990, f. & cert. ef. 8-8-90 WRD 2-1988, f. & cert. ef. 1-19-88
690-082-0040 Special Application Process When the Department receives a complete application form and letter under OAR 690-082-0030, notice that the Director proposes to accept the application under these rules shall be provided to the Commission, appropriate state and federal agencies, affected local government planning department, appropriate Indian Tribes, others believed to have any interest in the proposed use and anyone requesting notice. The notice shall set the time and manner for filing objections to the proposed use. Objections shall be filed within 60 days of the date of agency mailing of the notice unless otherwise specified. The Director may presume that the application is allowed by and compatible with the plans and regulations of notified agencies and tribes unless informed otherwise within the comment period specified in the notice except as provided to local governments under 690-082-0030(2). In the event of a land use dispute as defined in 690-005-0015 (Definitions), the Director shall follow procedures outlined in 690-005-0040 (Resolution of Land Use Disputes). Statutory/Other Authority: ORS 183, 197, 536.025 & 536.027 History: WRD 5-1991, f. & cert. ef. 4-26-91 WRD 12-1990, f. & cert. ef. 8-8-90 WRD 2-1988, f. & cert. ef. 1-19-88
690-082-0050 Acceptance of Application The Director shall accept the application if after full consideration of all the comments and objections received within the prescribed period the Director concludes that: (1) Any valid objections to the proposed use could be fully satisfied by appropriate conditions on any permit or certificate issued. (2) The proposed use is unlikely to create adverse impacts on other water uses. (3) The proposed use is unlikely to adversely impact future appropriations for classified uses. (4) The proposed use has been evaluated in accordance with requirements established OAR 690-005-0045 (Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans). (5) The source of water has not been withdrawn from further appropriation. Statutory/Other Authority: ORS 183, 197 & 536 History: WRD 12-1990, f. & cert. ef. 8-8-90 WRD 2-1988, f. & cert. ef. 1-19-88
690-082-0060 Priority Date The date of priority for all applications received under OAR 690-082-0040 shall be the date the application is accepted by the Director after review and approval of the proposed water use under 690-082-0050. Statutory/Other Authority: ORS 183 & 536 History: WRD 2-1988, f. & cert. ef. 1-19-88
690-082-0070 Normal Application Process Any application accepted for filing under these rules shall be processed in the same manner as all other applications to appropriate water, as provided in OAR 690, divisions 1 and 11. Statutory/Other Authority: ORS 183 & 536 History: WRD 2-1988, f. & cert. ef. 1-19-88
690-082-0080 Right to Petition No action taken under these rules shall affect an applicant’s right to petition the Commission under the provisions of OAR 137-001-0070 for a change in a basin program to allow specific water uses. Statutory/Other Authority: ORS 183 & 536 History: WRD 2-1988, f. & cert. ef. 1-19-88
690-085-0005 Purpose These rules establish procedures and requirements for the annual reporting of water use by governmental entities pursuant to ORS 537.099. These rules also establish procedures for designation of serious water management problem areas pursuant to ORS 540.435. Statutory/Other Authority: ORS 537 & 540 History: WRD 13-1988, f. & cert. ef. 8-10-88
690-085-0008 Definitions As used in OAR 690-085-0010 and 690-085-0015: (1) “Change in channel conditions” includes but is not limited to scour, siltation, accumulation of debris, accumulation of aquatic growth, and the removal of aquatic growth. (2) “Commission” means the Water Resources Commission. (3) “Control” means a natural constriction of the channel, a long reach of the channel, a stretch of rapids, or an artificial structure downstream from the gage that determines the stage-discharge relation at the gage. (4) “Continuous stage recorder” means any device that accurately and continuously records the rise and fall of a water surface with respect to time. (5) “Department” means the Oregon Water Resources Department. (6) “Director” means the Director of the Water Resources Department. (7) “Economic hardship” means a financial burden of an extraordinary nature. Examples of situations causing such a burden include, but are not limited to, the following: the entity is required to report on an unusually large number of diversions or locations, the costs of measuring and reporting for a diversion or location greatly exceed the normal costs associated with a similar volume of water, or the costs of measuring and reporting threaten the entity’s fiscal ability to continue operating. (8) “Flume” means a specially shaped open channel flow section which may be installed in a canal, lateral, or ditch to form a control. (9) “Governmental entity” includes any state or federal agency, local government as defined in ORS 294.004, irrigation district formed under ORS Chapter 545, water control district formed under ORS Chapter 553, and any other special purpose district organized under state law. (10) “Open channel flow measurement” means a series of velocity, depth, and width measurements taken across an open channel using a velocity meter and a calibrated tape measure as described in references listed in OAR 690-085-0015(4)(f). (11) “Point of diversion” means the point at which water is appropriated from its source. (12) “Shift” means a correction that is derived from a flow measurement and applied to the gage height to obtain a true flow or discharge throughout a specific time sequence. (13) “Staff gage” means a device constructed for the measurement of water depth. It shall allow accurate reading to 1/100th of a foot. (14) “Velocity meter” means a device designed and constructed to the specifications cited in the reference listed in OAR 690-085-0015(4)(f)(C) for measuring stream velocity in open channels. (15) “Water use” means water diverted or pumped from the source, or in the case of non-diverted water, the water available to satisfy the right. (16) “Weir” means an overflow structure built across an open channel to form a control. Statutory/Other Authority: ORS 537 & 540 History: WRD 7-1991, f. & cert. ef. 8-7-91
690-085-0030 Failure to Report (1) The Director may order regulation or termination of deliveries of water to and use of water by any water right holder who fails to satisfactorily install or maintain a measuring device or to submit a report required by OAR 690-085-0020. Notice of intended regulation shall be served on the person by certified mail, return receipt requested. Regulation shall become effective not earlier than 30 days after the date of mailing of the notice. Regulation shall not become effective if the person satisfactorily complies within 30 days from the date of mailing of the notice or if the person is granted an extension of time under section (2) of this rule. (2) A water right holder required under OAR 690-085-0010 or 690-085-0020 to submit an annual water use report may request in writing a 60-day extension of time to submit the report. The Director may grant the extension upon finding that the additional time is needed by the person or government entity to compile and submit accurate and complete information. Statutory/Other Authority: ORS 537 & 540 History: WRD 13-1988, f. & cert. ef. 8-10-88
690-086-0020 General Definitions As used in OAR 690-086-0010 to 690-086-0920: (1) "Affected Local Governments" means any local government as defined in OAR 690-005-0015, within whose jurisdiction the diversion, conveyance, or use of water is established or proposed within the context of the water management and conservation plan. (2) "Commission" means the Water Resources Commission. (3) "Conservation" has the meaning given to that term in OAR 690-400-0010(5). (4) "Department" means the Water Resources Department. (5) "Director" means the Director of the Water Resources Department or designee. (6) "Waste" has the meaning given to that term in OAR 690-400-0010(16). 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 4-2002, f. & cert. ef. 11-1-02 WRD 11-1994, f. & cert. ef. 9-21-94
690-086-0040 Definitions for Agricultural Water Suppliers As used in OAR 690-086-0210 to 690-086-0270 and OAR 690-086-0900 to 690-086-0920: (1) "Agricultural Water Supplier" means any public or private organization, including but not limited to an irrigation district formed under ORS Chapter 545, a drainage district formed under ORS Chapter 547, a water improvement district formed under ORS Chapter 552, a water control district formed under ORS Chapter 553, a corporation organized under ORS Chapter 554, an unincorporated private association or a ditch company, the primary purpose of which is to supply water to others for agricultural uses. (2) "Agricultural Water Measurement" means using measuring devices, including but not limited to weirs, flumes, submerged orifices, gaging stations, and meters, to quantify the rate of flow and the volume of water in a water delivery system. (3) "Water Allocation/Curtailment Element" means a program to equitably allocate, under existing priorities, a reduced water supply among the water right holders dependent on the supply in response to an emergency or other short-term shortage. 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 4-2002, f. & cert. ef. 11-1-02, Renumbered from 690-086-0210 WRD 11-1994, f. & cert. ef. 9-21-94
690-086-0100 Municipal Water Management and Conservation Plans: Applicability (1) Municipal Water Suppliers are encouraged to prepare water management and conservation plans, but are not required to do so unless a plan is prescribed by a condition of a water use permit; a permit extension; or another order or rule of the Commission. (2) Water management and conservation plans submitted in order to comply with a permit extension order issued after November 1, 2002, are subject to the requirements pursuant to OAR 690-086-120 to 690-086-0170. 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 4-2002, f. & cert. ef. 11-1-02
690-086-0125 Municipal WMCP Elements A Municipal WMCP submitted by a Municipal Water Supplier shall include: (1) A Municipal Water Supplier description as described under OAR 690-086-0140; (2) A municipal water conservation element as described under OAR 690-086-0150; (3) A municipal Water Curtailment Element as described under OAR 690-086-0160; (4) A municipal water supply element as described under OAR 690-086-0170; (5) A list of the Affected Local Governments to whom the draft plan was made available pursuant to OAR 690-086-0120(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 or other actions, any relevant schedules for other community planning activities, and the rate of growth and 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 Municipal Water Supplier is requesting additional time to implement Metering as required under OAR 690-086-0150(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, amend filed 12/21/2018, effective 12/21/2018 WRD 4-2002, f. & cert. ef. 11-1-02
690-086-0160 Municipal Water Curtailment Element for a Municipal WMCP The Water Curtailment Element of a Municipal WMCP shall include at least the following: (1) A description of the type, frequency and magnitude of supply deficiencies within the past 10 years and current capacity limitation. The description shall include an assessment of the ability of the water supplier to maintain delivery during long-term drought or other source shortages caused by a natural disaster, source contamination, legal restrictions on water use, or other circumstances; (2) A list of three or more stages of alert for potential shortage or water service difficulties. The stages shall range from a potential or mild alert, increasing through a serious situation to a critical emergency; (3) A description of pre-determined levels of severity of shortage or water service difficulties that will trigger the curtailment actions under each stage of alert to provide the greatest assurance of maintaining potable supplies for human consumption; and (4) A list of specific standby water use curtailment actions for each stage of alert ranging from notice to the public of a potential alert, increasing through limiting nonessential water use, to rationing or loss of service at the critical alert stage. 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 690-086-0140, 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
690-086-0220 Agricultural Water Supplier Water Management and Conservation Plans: General Provisions (1) Certain agricultural water suppliers must have approved conservation plans to transfer water rights within the boundaries of the districts to other land within the districts (ORS 540.572 to 540.578). These rules provide the standards for those conservation plans. (2) Each agricultural water supplier required to submit a water management and conservation plan shall exercise diligence in implementing the approved plan and shall update and resubmit a plan consistent with the requirements of OAR 690, division 86 as prescribed during plan approval. (3) Any agricultural water supplier participating in the water transfer provisions in ORS 540.572 to 540.578 and OAR 690-385-5000 to 690-385-5900 shall submit an annual report describing progress-to-date in implementing a water management and conservation plan. (4) Water management and conservation plans submitted by agricultural water suppliers shall meet the requirements listed in OAR 690-086-0225 to 690-086-0270. (5) A water conservation plan prepared in accordance with criteria of the Bureau of Reclamation and substantially meeting the requirements of OAR 690-086-0225 to 690-086-0270 may be submitted to meet the requirements of these rules. (6) At least 30 days prior to submitting a draft plan to the Department, an agricultural water supplier shall make the draft plan available for review by each affected local government. (7) Each agricultural water supplier preparing a water management and conservation plan is encouraged to develop and implement a program to involve the supplier's patrons 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, 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
690-086-0225 Agricultural Water Supplier Plan Elements A water management and conservation plan submitted by an agricultural water supplier shall include: (1) An agricultural water supplier description as described under OAR 690-086-0240; (2) An agricultural water conservation element as described under OAR 690-086-0250; (3) An agricultural water allocation/curtailment element as described under OAR 690-086-0260; (4) An agricultural water supply element as required under OAR 690-086-0270; (5) A list of the affected local governments to whom the draft plan was made available pursuant to OAR 690-086-0220(6) and a copy of any comments on the plan provided by the local governments; (6) A proposed date for submittal of an updated plan based on the proposed schedule for implementation of conservation measures, any relevant schedules for other community planning activities, and the rate of growth of or 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. Statutory/Other Authority: ORS 536.027, 537.211 & 540.572 Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010 History: WRD 4-2002, f. & cert. ef. 11-1-02
690-086-0240 Agricultural Water System Description The description of the water system shall include at least the following information: (1) General location of water right acreage, numbers of the associated water right certificates and permits and a description of relevant conditions of the water rights including the seasons of use and the uses of any other permitted withdrawals by the supplier; (2) Source(s) of water; storage and regulation facilities; and a summary of any transfer, rotation, exchange or intergovernmental cooperation agreements; (3) A schematic of the system showing storage and distribution facilities, drainage systems, measurement stations, generalized district boundaries, points of diversion and locations of major operational spills; (4) Current water use, including peak and average annual diversions and, when available, water reuse and return flows; (5) A summary of major classifications of user accounts showing water right acreages, the number of accounts of each classification, and the beneficial uses for which water is provided (irrigation, frost protection, temperature control, agricultural use, livestock, domestic, etc.); (6) Types of on-farm irrigation systems common within the supplier’s accounts; (7) A general characterization of crops commonly grown and the estimated average and peak consumptive use of the crops; and (8) A description of the operation and maintenance program. Statutory/Other Authority: ORS 536.027, 537.211 & 540.572 Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010 History: WRD 4-2002, f. & cert. ef. 11-1-02 WRD 11-1994, f. & cert. ef. 9-21-94
690-086-0260 Agricultural Water Allocation/Curtailment Element The water allocation/curtailment element shall include at least the following: (1) A description of the frequency and magnitude of past supply deficiencies and current capacity limitation(s). The description shall include an assessment of the ability of the water supplier to maintain delivery during drought or other source shortages. (2) A description of the water supply situation(s) that cause the water allocation/curtailment element to be implemented, including identification of the supply situations which trigger warnings to users or public notice of impending shortage; (3) A description of the procedure used to allocate water during water shortages. Statutory/Other Authority: ORS 536.027, 537.211 & 540.572 Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010 History: WRD 2-2019, minor correction filed 02/20/2019, effective 02/20/2019 Renumbered from 690-086-0240, WRD 4-2002, f. & cert. ef. 11-1-02 WRD 11-1994, f. & cert. ef. 9-21-94 WRD 4-2002, f. & cert. ef. 11-1-02 WRD 11-1994, f. & cert. ef. 9-21-94
690-086-0270 Agricultural Water Supply Element The long-range water supply element shall include at least the following: (1) An estimate of the water supplier’s long-range water demand projections for 20 years; (2) A comparison of the projected water needs and the size and reliability of water rights permits or other current water supply contracts held by the water supplier; (3) A list of potential sources of water, including conservation and reuse, to supply the long-range needs; (4) A comparison among the potential sources of additional water considering costs, availability, reliability, and likely environmental impacts; (5) An evaluation of the effects of the following factors on long-range water needs: (a) Regional options for meeting future water needs; (b) Urbanization and other land-use trends; (c) Provisions in affected local governments’ comprehensive plans relating to agricultural lands, urbanization, water resources, water supply, public facilities and services, and any other pertinent plan element or ordinance relating to uses or lands served, or proposed to be served, under the long-term water supply plan. Statutory/Other Authority: ORS 536.027, 537.211 & 540.572 Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010 History: Renumbered from 690-086-0240, WRD 4-2002, f. & cert. ef. 11-1-02 WRD 11-1994, f. & cert. ef. 9-21-94 WRD 4-2002, f. & cert. ef. 11-1-02 WRD 11-1994, f. & cert. ef. 9-21-94