justicedao/ipfs_state_laws huggingface dataset:
690-019-0058 Temporary Drought Instream Leases (1) Notwithstanding the requirements of OAR 690-077-0077, after the Governor declares that a severe, continuing drought exists, any person holding a water use subject to transfer may enter into a temporary drought instream lease agreement to convert a water right or a portion of a water right to an instream water right. The Director shall approve a temporary drought instream lease provided: (a) The temporary drought instream lease will not result in injury to an existing right; and (b) Total water use for the proposed instream lease will not exceed the amount in the leased right. (2) The full value of a right may be leased. However, if a right proposed for lease is for irrigation purposes and the lease is made after the beginning of an irrigation season, only that portion of the right available for use during the remainder of that irrigation season may be used for the instream water right. (3) A temporary drought instream lease approved under this rule shall include a condition to require the Director to revoke the temporary drought instream lease order if injury to existing water rights is shown and cannot be mitigated to the satisfaction of the Director and injured parties. (4) The expiration date for the temporary drought instream lease granted pursuant to this rule shall not exceed one year or the term of the Governor's declared drought, whichever is shorter, unless otherwise renewed pursuant to OAR 690-019-0085. (5) Public notice of a temporary drought instream lease application or approval of such application shall be included in the Department’s weekly notice. Statutory/Other Authority: ORS 536.720 - 536.780 Statutes/Other Implemented: ORS 536.720 - 536.780 History: WRD 6-2001, f. & cert. ef. 10-8-01 WRD 3-2001(Temp), f. & cert. ef. 4-16-01 thru 10-12-01
690-019-0059 Temporary Substitution of Supplemental Ground Water Right for Surface Water Primary Right (1) After the Governor declares that a severe, continuing drought exists, any person holding both a primary water right originating from a surface water source and a supplemental water right from a ground water source may apply to the Director to temporarily substitute the use of the supplemental right for the primary right. Applications must be for use in a designated drought area. The fee required under OAR 690-019-0100(4) shall accompany the application. Application forms may be obtained from the Department. (2) The Department shall expedite the notice and waiting requirements of ORS 540.524. Upon receiving a completed application under section (1) of this rule, notice of the proposed temporary substitution application, or proposed approval of the application shall be included in the weekly notice published by the Department. (3) Within 10 days after publication of the notice under section (2) of this rule, any person may file with the Department a protest against approval of the application. If a timely protest is filed, the Department shall hold a hearing on the matter pursuant to ORS 540.520(7). (4) The Director shall approve a temporary substitution, with any appropriate conditions, including water use conservation, measurement, and water curtailment measures, provided the proposed substitution will not result in injury to other water rights. The Director may condition the approval of a temporary substitution to avoid or mitigate injury. (5) A temporary substitution approved under this rule shall include a condition to require the Director to revoke the temporary substitution order if injury to existing water rights is shown and cannot be mitigated to the satisfaction of the Director and the injured parties. (6) The expiration of a temporary substitution granted under this rule shall not exceed one year or the term of the Governor’s declared drought, whichever is shorter, unless otherwise renewed pursuant to OAR 690-019-0085. Statutory/Other Authority: ORS 536.720 - 536.780 Statutes/Other Implemented: ORS 536.720 - 536.780 History: WRD 6-2001, f. & cert. ef. 10-8-01
690-019-0060 Potential Liability Issuance of an emergency use permit, temporary drought transfer or a grant of preference of use by order of the Commission may not protect the person receiving the permit, transfer or grant of preference from liability for improper use of the water under the permit, transfer or grant of preference. Statutory/Other Authority: ORS 536.700 - 536.780 Statutes/Other Implemented: ORS 536.700 - 536.780 History: WRD 6-2001, f. & cert. ef. 10-8-01 WRD 3-2001(Temp), f. & cert. ef. 4-16-01 thru 10-12-01 WRD 8-1994, f. & cert. ef. 8-2-94 WRD 7-1990, f. & cert. ef. 6-25-90
690-019-0070 Preference of Use, Human Consumption and Livestock (1) When the Governor declares that a severe, continuing drought exists, the Commission may grant a temporary preference of use to water rights for human consumption and/or stock watering. The temporary preference of use shall be by order of the Commission and shall apply only to designated drought areas. Temporary preference may be given over other water uses regardless of priority date. (2) Applications for preference for human consumption and/or stock water shall be submitted on a form provided by the Department. (3) In considering designation of an area for preferential use, the Commission may review recommendations from the Drought Council, recommendations from the Water Availability Committee, recommendations from county government officials within a designated drought area, and any other available information. (4) Before issuing an order granting a temporary preference of use the Commission shall determine that the order is necessary to protect the health and welfare of the people of Oregon. Any order issued by the Commission for preference of use shall include: (a) The expiration date for the temporary preference of use granted under the terms of this rule which shall not exceed the term of the Governor's declared drought; (b) The geographic area specified for the temporary preference of use which shall be within a designated drought area; (c) A general statement outlining which water uses have been designated temporarily inferior; (d) A statement that there is an immediate threat to the health and welfare of the people of Oregon; and (e) A requirement that political subdivisions within the designated drought area submit water conservation or curtailment plans for the Director's approval. (5) Upon issuance of the order the watermaster within the designated drought area shall be notified of the temporary preference of use. Statutory/Other Authority: ORS 536.700 & 536.780 Statutes/Other Implemented: ORS 536.700 - 536.780 History: WRD 6-2001, f. & cert. ef. 10-8-01 WRD 8-1994, f. & cert. ef. 8-2-94 WRD 7-1990, f. & cert. ef. 6-25-90
690-019-0085 Renewal Process for Drought Water Use Authorizations (1) This rule section applies only to persons that received Department approval for a drought water use authorization for: (a) An emergency water use permit under OAR 690-019-0040; (b) A temporary drought transfer under OAR 690-019-0055; (c) A temporary drought instream lease under OAR 690-019-0058; or (d) A temporary substitution under OAR 690-019-0059. (2) If a drought declaration continues for consecutive years, a person that meets the requirement of subsection (1) of this section may request renewal of the drought water use authorization by letter to the Department. The renewal request shall: (a) State the water use authorization number for the previously-approved drought water use; and (b) Identify any proposed changes that are not consistent with the previously-approved drought water use authorization. (3) The Department shall review the renewal request in accordance with the process and standards provided in OAR 690-019-0040, 690-019-0055, 690-019-0058 or 690-019-0060. (4) The Department may request additional information to process the renewal request. (5) If the Department determines that the renewal request proposes to substantially alter the previously-approved drought water use authorization, the Department may require the filing of a new application. Statutory/Other Authority: ORS 536.700 - 536.780 Statutes/Other Implemented: ORS 536.700 - 536.780 History: WRD 6-2001, f. & cert. ef. 10-8-01
690-019-0090 Requirement for Conservation and Curtailment Plans (1) When the Commission declares that a severe or continuing drought is likely to occur, it may order state agencies and political subdivisions to develop and file with the Director conservation or curtailment plans: (a) The Commission’s order shall require development of the plan within 30 days from the date of the order; and (b) If a state agency or political subdivision fails to comply with the order to provide plans that are acceptable to the Director, or fails to implement approved plans when directed by the Governor, the Director may do any or all of the following: (A) Delay approval of an emergency use permit requested by a state agency or political subdivision; (B) Suspend use under an existing emergency use permit held by a state agency or political subdivision; (C) Offer evidence of the failure to comply by a political subdivision to the Commission when the Commission is considering designating an area for preference of use for livestock and human consumption; and (D) Develop an appropriate plan for the state agency or political subdivision. Plans developed by the Director shall be implemented by the state agency or political subdivision when directed by the Governor. (2) Following a declaration by the Governor that a severe, continuing drought exists or is likely to exist, the Governor may direct state agencies and political subdivisions to implement water conservation or curtailment plans, as approved by the Director: (a) Water conservation plans shall include procedures to: (A) Reduce usage of water resources for non-essential public purposes; (B) Undertake activities consistent with law designed to promote conservation, prevention of waste, salvage and reuse of water resources; and (C) Establish programs consistent with law designed to promote conservation, prevention of waste, salvage and reuse of water. (b) Water curtailment plans shall be developed to provide water necessary for human and livestock consumption during a severe, continuing drought. The plans shall specify procedures: (A) To curtail, adjust or allocate the supply of water resources for domestic, municipal and industrial use; and (B) To regulate the times and manner in which water resources are consumed. (c) Approval by the Director of a water conservation plan or a water curtailment plan is contingent on the Director finding that the plan satisfactorily promotes uniformity in water conservation or curtailment practices and that there is consideration given to local conditions in providing coordination of usage regulation. Statutory/Other Authority: ORS 536.720 - 536.780 Statutes/Other Implemented: ORS 536.720 - 536.780 History: WRD 8-1994, f. & cert. ef. 8-2-94 WRD 7-1990, f. & cert. ef. 6-25-90
690-019-0100 Schedule of Fees The following is a schedule of fees for administrative work performed by the Department: (1) Emergency water use permit: (a) Examination fee = $200 plus; (b) Recording fee = $400 for first cubic-foot/second or fraction thereof; $100 for each additional cubic-foot/second or fraction thereafter. (2) Temporary drought transfer: (a) Examination fee = $100 plus; (b) Recording fee = $100 for first cubic-foot/second or fraction thereof; $50 for each additional cubic-foot/second or fraction thereafter. (3) Option or Agreement: Application fee = $200. (4) Temporary substitution: Application fee = $100. Statutory/Other Authority: ORS 536.700 - 536.780 Statutes/Other Implemented: ORS 536.700 - 536.780 History: WRD 6-2001, f. & cert. ef. 10-8-01 WRD 3-2001(Temp), f. & cert. ef. 4-16-01 thru 10-12-01 WRD 3-1995, f. & cert. ef. 6-14-95 WRD 8-1994, f. & cert. ef. 8-2-94 WRD 7-1990, f. & cert. ef. 6-25-90
690-019-0105 Fee Refund The Director may refund all or part of any fee submitted to the Department pursuant to OAR 690-019-0100. Statutory/Other Authority: ORS 536.700 - 536.780 Statutes/Other Implemented: ORS 536.700 - 536.780 History: WRD 6-2001, f. & cert. ef. 10-8-01
690-020-0000 Purpose and Applicability (1) The purpose of these rules is to implement ORS 540.443 through 540.491 and ORS 540.995, as well as applicable sections of ORS 536.050 and ORS 537.400, through actions that are intended to ensure the safety of the Dams, insofar as Dams may affect possible loss of life or property, and damage to public infrastructure. Prioritization of Dam safety actions and requirements are based on the Hazard Rating of the Dam. These rules outline processes to: (a) Review design and specifications to Construct a Dam; (b) Review plans for Removal of Significant Hazard and High Hazard Dams; (c) Conduct routine inspections and notify Dam owners of outcomes; (d) Cooperate with Dam owners over Dam safety issues; (e) Prescribe Maintenance Actions, corrective actions, or any other actions necessary to protect life, property, or public infrastructure consistent with the Department’s authorities and with law, and to pursue formal enforcement as necessary; (f) Communicate, coordinate, and collaborate with Persons, Tribes, or other government entities regarding Dam safety; and (g) Plan for and respond to emergencies as necessary and as consistent with law. (2) These rules do not apply to: (a) Dams that are less than ten feet in Height or that impound less than three million gallons (9.2 Acre-feet) of Water; (b) Water storage Tanks or various types of Tanks that are part of Water treatment facilities; and (c) Dams regulated under a federal Dam safety program, except as provided in ORS 540.446 and OAR 690-020-0024. (3) Compliance with ORS 540.443 through 540.491 and these OAR Chapter 690, Division 20 rules does not relieve the owner or operator of a Dam or an individual in immediate charge of a Dam from any duty, obligation, or liability regarding the ownership, maintenance, or operation of the Dam. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 536.050, 537.400, 540.446, 540.488, 540.491 History: WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020 WRD 2-2015, f. & cert. ef. 3-17-15 Renumbered from 690-020-0021, WRD 7-2009, f. 12-7-09, cert. ef. 1-1-10 WRD 12-1994, f. & cert. ef. 11-7-94 WRD 12-1986, f. & ef. 10-3-86
690-020-0024 General Department Authorities and Intergovernmental Coordination In addition to any other powers of the Department, in carrying out its duties, functions, and powers, under these rules and ORS 540.443 through 540.491 and 540.995, the Department may: (1) Enter into contracts, memorandums of understanding and intergovernmental agreements for the inspection, evaluation or study of Dams, or the response to Dam Failure or potential Dam Failure. (2) Accept moneys from any public or private source for the administration and enforcement of ORS 540.443 through 540.491 and these Division 20 rules for enhancing the safety of Dams or the protection of life, property, or public infrastructure in areas below Dams. (3) Coordinate with federal, Tribal, state, local, and private entities to enhance the safety of Dams or the protection of life, property, or public infrastructure in areas below Dams. (4) Waive or reduce fees for Dams inspected by another state agency under a memorandum of understanding with the Department. (5) Aid in the inspection of a Dam and provide advice and assistance to prevent, mitigate, or respond to a potential or actual Dam Failure if there is a potential or actual risk of Dam Failure at a Dam regulated under a federal Dam safety program. (6) Accept the reports of consulting Engineers, engineering geologists or other specialists employed by the Dam owner. (7) Employ consulting Engineers, engineering geologists, or other specialists to make special examinations and inspections, and to prepare reports for the Department if the Department concludes that existing reports are insufficient. The cost of such special examinations, inspections, and reports shall be paid by the Department, or upon mutual agreement, may be divided between the Department and the Dam owner. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.446, 540.464, 540.488 History: WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020
690-020-0026 Fees (1) The Department may charge a fee for examination of the site, plans and specifications, features, and other supporting information regarding construction of a new Dam or construction to modify Dam Height. The fee, as provided in ORS 540.449, must be paid prior to final design approval and may not exceed the lesser of the costs of providing the examination or the amounts provided in ORS 540.449(3). (2) Dam owners subject to the Department’s laws governing Dam safety shall submit to the Department an annual fee based upon the Dam’s Hazard Rating as provided in ORS 536.050(2) to support the Dam Safety Program and administration expenses. (a) Dam owners who fail to pay the annual fee on or before six months after the billing date may be required to pay a late fee as provided in ORS 536.050(2). (b) If a Dam owner fails to pay the annual fee or late fee charged by the Department, the Department may, after giving the Dam owner notice by certified mail, place a lien on the real property where the Dam is located for the fees owed by the Dam owner. (c) Multiple Dams directly adjacent to each other and connected together and separated only by Embankments or other manmade materials will be considered as one Dam for the purpose of determining annual fees. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 536.050, 540.449 History: WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020
690-020-0028 Preliminary Plans and Specifications for Construction of New Dams or to Increase Dam Height (1) If a Dam requires a Water right, preliminary plans and specifications must be submitted to the Department at the time an application to appropriate Water is submitted to the Department pursuant to ORS 537. Preliminary plans and specifications are recommended for Dams that do not require a Water right. (2) Preliminary plans and specifications must include the following at a minimum: (a) A contour map of the reservoir site showing the proposed location of the Dam. The map should be no smaller than 11" X 17". The map must show the proposed location of the Spillway(s) and the Conduit inlet and outlet; (b) Written description of the proposed Dam location both as Latitude/Longitude and Township/Range/Section; (c) A cross section of the proposed Dam at the maximum section indicating the proposed Height; (d) The proposed storage of the reservoir in Acre-feet; and (e) A brief description of geologic conditions of the proposed site. Any geologic features that could impact the safety of the Dam should be clearly described. (3) The preliminary plans and specifications must be submitted by an Engineer, or a certified engineering geologist that is registered in the State of Oregon and is also a Certified Water Rights Examiner. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 537.400 History: WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020
690-020-0035 Minimum Engineering Requirements for Final Design of New Dams or to Increase Dam Height (1) Final documents must be submitted by the Engineer of Record prior to construction to build a new Dam or increase Dam Height as required in OAR 690-020-0080. Design reports may be completed by Engineers other than the Engineer of Record. If multiple reports are submitted, each must be stamped by the Engineer who prepared the report. (2) Final documents shall include: (a) A plan for construction administration as provided in OAR 690-020-0065; (b) An operations and maintenance plan if required by OAR 690-020-0068; (c) An Emergency Action Plan for Dams rated High Hazard as provided in OAR 690-020-0400; (d) Final design drawings as provided in OAR 690-020-0055; and (e) Final design reports. (3) The final design report(s) must include the following elements: (a) Site suitability evaluation as provided in OAR 690-020-0036; (b) Hydrology and Inflow Design Flood as provided in OAR 690-020-0037; (c) Dam structure design as applicable and as provided in OAR 690-020-0038–690-020-0041; (d) Spillway design as provided in OAR 690-020-0042; (e) Design for penetrating Conduit(s) as provided in OAR 690-020-0043; (f) Monitoring and instrumentation for determining whether a Dam is operating properly based on the Hazard Rating of the Dam as provided in OAR 690-020-0044; and (g) A Dam Breach Inundation Analysis as provided in OAR 690-020-0120. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.449, 540.488 History: WRD 4-2020, minor correction filed 12/14/2020, effective 12/14/2020 WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020 WRD 2-2015, f. & cert. ef. 3-17-15 WRD 7-2009, f. 12-7-09, cert. ef. 1-1-10 WRD 12-1994, f. & cert. ef. 11-7-94 WRD 12-1986, f. & ef. 10-3-86 WRD 3, f. & ef. 2-18-77
690-020-0037 Design Requirements for New Dams or to Increase Dam Height: Hydrology and Inflow Design Flood The design to build a new Dam or to increase Dam Height shall characterize flow into and through the reservoir and the Dam and shall include the following elements: (1) A topographic map delineating the drainage area contributing to the Dam, with the drainage area size labeled in square miles and showing the specific location of the proposed Dam; (2) For Dams on stream channels, the name of the stream where the Dam is located, the name of the principal watershed, and a determination of average annual inflow into reservoir and potential to fill the reservoir; (3) The Inflow Design Flood that is the basis of hydraulic design for the Dam shall be determined based on the Hazard Rating of the Dam as follows: (a) The Inflow Design Flood for a High Hazard Dam is the Probable Maximum Flood (PMF) unless the Engineer of Record proposes to determine an Inflow Design Flood based on a quantitative analysis of risk to people; (b) The minimum Inflow Design Flood for a Significant Hazard Dam is the 0.2 percent Annual Exceedance Probability Flow; (c) The minimum Inflow Design Flood for a Low Hazard Dam is a 1.0 percent Annual Exceedance Probability Flow; (d) The Inflow Design Flood for a lagoon or off channel reservoir is the maximum capacity of inflow pumps or ditches plus the maximum local storm precipitation over the lagoon; and (e) For watersheds under 30 square miles, the Engineer of Record may consider just the 24-hour storm to help determine the PMF, while for larger basins the Engineer of Record shall utilize at least a 72-hour storm for calculating the PMF for a general storm; (4) Designs shall include a description of all hydrologic parameters and the method used to determine the Inflow Design Flood hydrograph and the volume of the Inflow Design Flood, which is to be determined considering basin size and other factors as appropriate to the watershed above the Dam; and (5) The design report must include the information used to develop the stage and storage capacity curve for the reservoir, including the capacity with and without excavation for construction. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.449, 540.488 History: WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020 WRD 2-2015, f. & cert. ef. 3-17-15