justicedao/ipfs_state_laws huggingface dataset:
690-077-0065 Instream Transfers and Leases: General Provisions (1) The Department shall promote and facilitate potential instream transfers and leases under ORS 537.348 that would provide benefits for public uses. (2) The Department encourages irrigation districts and other water purveyors to develop single lease applications that pool individual water rights and ownerships that are to be leased during the same term. (3) Department personnel shall review all instream transfer or lease applications pursuant to OAR 690-077-0070 through 690-077-0079 to assure that they comply with these rules and, if possible, to develop conditions to prevent enlargement of the original right or injury to other water right owners. (4) Completed lease applications submitted pursuant to OAR 690-077-0076, including signatures of lessor and lessee (if applicable), and all necessary attachments or exhibits, must be received by the Department's Salem office prior to July 1, or for year around uses, must be received prior to October 1. Completed lease applications received after this date shall be returned or, at the request of the applicant, be processed to be effective for the next calendar year. At the discretion of the Director, an application may be received and processed after this date during the current year. (5) The Department may compile descriptive information to assist all parties in addressing technical issues related to instream transfers and leases, including but not limited to describing injury and enlargement issues, determining whether a proposed instream water right would support a public use, setting the location of a proposed instream water right and making agreements for measuring and monitoring the instream water right. The descriptive information shall not restrict new leases, but shall offer options that have been used in earlier leases to ensure compliance with OAR chapter 690, division 77. (6) The Department may prepare lease application forms that include the requirements listed in OAR 690-077-0076(3) and any additional information the Department deems necessary to comply with the policies of OAR chapter 690, division 77 and to reflect the nature of the water rights subject to being leased instream. For example, a special form could be prepared for an irrigation district to sponsor a single lease application that involved multiple water right owners. Statutory/Other Authority: ORS 536.027 & 537.332 - 539.360 History: WRD 4-2006, f. & cert .ef. 10-2-06 WRD 8-2001, f. & cert. ef. 12-14-01, Renumbered from 690-077-0078 WRD 1-1995, f. & cert. ef. 2-14-95
690-077-0070 Application for Instream Transfer (1) As provided in ORS 537.348(1), any person may apply for an instream transfer, including a time-limited instream transfer. (2) In addition to the transfer application requirements described in OAR 690-380-3000, an instream transfer application shall include the following information: (a) Public use(s) for which the instream right is desired; (b) Description of the time periods of the instream use and quantity of water to be transferred to instream use; (c) The location of the proposed instream use. If a reach or lake level is requested, identify the upstream and downstream extent of the reach or the appropriate lake level; (d) Recommendations, if any, for conditions on the instream water right that would avoid taking away or impairing existing permitted, certificated or decreed rights. Such conditions may include, but are not limited to the instream flow levels in cfs per month or total acre feet, the effective reach(es) or lake levels of the instream flow, measuring locations and the strategy for monitoring the instream flow or lake levels; (e) If an instream water right exists on the same reach(es) or lake, or on portions thereof, a statement of whether the proposed conversion is intended to add to the amounts of the existing instream water rights or to replace a later priority instream right, or portion thereof, with an earlier priority right; (f) For a time-limited instream transfer, the duration or number of years for which the time-limited instream transfer is being requested. (3) The Department may require additional information needed to complete the evaluation of the proposed conversion. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 536 & 537 History: WRD 4-2006, f. & cert .ef. 10-2-06 Reverted to WRD 1-1995, f. & cert. ef. 2-14-95 WRD 5-1995(Temp), f. & cert. ef. 8-4-95 WRD 1-1995, f. & cert. ef. 2-14-95 WRD 20-1988, f. & cert. ef. 11-4-88
690-077-0079 Split Season Use Instream Leasing (1) An applicant for a split season use lease of water shall provide the information and follow the lease process described under OAR 690-077-0076 and 690-077-0077. (2) In addition to the application requirements described in OAR 690-077-0076, split season use leases applications shall: (a) Be submitted to the Department two weeks prior to water being used either for the existing purpose or for the proposed instream purpose. (b) Describe when the water will be used for the existing purpose and when the water will be used for the instream purpose. (A) The existing water use and the instream use shall not be concurrent. However, a portion of a water right appurtenant to one piece of land may undergo split season use, while another portion appurtenant to a different piece of land may undergo only one type of use, or a different time period for split season use. (B) The type of use under a split season use may be changed only once during a calendar year, except for full-year uses which may have a single instream use period and two existing use periods. (3) The holders of the water rights shall measure and report the use of the existing water right and instream water right to the satisfaction of the Department, or provide for third party measurement and reporting to the satisfaction of the Department. Pursuant to ORS 537.332(3), the Department holds instream water rights in trust for the benefit of the people of the State of Oregon. (4) The water right lessor or lessee shall contact the watermaster or other Department field staff to determine the necessary measurement and reporting requirements associated with leasing a water right. The complete lease application shall include: (a) Location(s) and type(s) of measuring device(s); (b) Frequency of measurement; (c) Parties responsible for the respective measurements; and (d) Amount of water proposed to be used, listed by rate and duty for the existing purpose and the instream purpose, including monthly or partial season rate or duty limitations, if appropriate. (5) The Commission shall review the split season use leasing program no later than the year 2014 to determine if any changes should be made in the program. NOTE: ORS 537.348(3) sunsets on January 2, 2008. Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 Statutes/Other Implemented: ORS 537.332 - 537.360 History: WRD 4-2006, f. & cert .ef. 10-2-06 WRD 8-2001, f. & cert. ef. 12-14-01
690-077-0080 Miscellaneous Provisions: Cancellation or Waiving of an Instream Water Right (1) There is a rebuttable presumption that an instream water right, or a portion thereof, that has not been put to a public use for five successive years in which water was available is forfeited. (2) Upon making a preliminary finding that the instream water right has been forfeited the Director shall notify DEQ, ODFW, Parks, and those persons and agencies on the Department's weekly mailing list of the Department's findings and of its intent to cancel the instream water right. The Department shall also publish the notice in the Secretary of State's bulletin once, and in a local newspaper one day a week for two weeks. (3) Any person may file a protest within 60 days of publication in the Secretary of State's bulletin or the local news paper. (4) If no protest is filed in the 60 day period, the Commission shall proceed with the process outlined in ORS 540.641(1). (5) If a protest is filed in the 60 day period, the Commission shall proceed with the process outlined in ORS 540.641(2). (6) An instream water right established under ORS 537.336 through 537.338 (OAR 690-077-0020) may be canceled pursuant to ORS 540.621 only upon the written certification from the original applicant agency(ies) that the instream water right has been abandoned. Proper notification of the public shall proceed as outlined in Section (2) of this rule. (7) An instream water right shall not be subject to forfeiture due to non-use when water was not available. Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 Statutes/Other Implemented: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338, 537.356 & 537.358 History: WRD 4-2006, f. & cert .ef. 10-2-06 WRD 8-2001, f. & cert. ef. 12-14-01 WRD 9-1992, f. & cert. ef. 7-1-92 WRD 20-1988, f. & cert. ef. 11-4-88
690-077-0090 Miscellaneous Provisions: Drought Emergency Provisions An instream water right established under the provisions of ORS 537.332 to 537.360 shall be subject to the provisions of ORS 536.730. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 536 & 537 History: WRD 20-1988, f. & cert. ef. 11-4-88
690-077-0100 Miscellaneous Provisions: Precedence of Future Uses (1) The applicants for a proposed multipurpose storage project may petition the Commission to establish precedence over an instream water right created through OAR 690-077-0020. (2) An applicant for a right to use water for municipal purposes may petition the Commission to establish precedence over an instream water right created through OAR 690-077-0020. (3) A municipal applicant, as defined in ORS 537.282, for a hydroelectric project, may petition the Commission to establish precedence over an instream water right created through OAR 690-077-0020. (4) Within six months of the receipt of the petition the Department shall conduct a public hearing in accordance with ORS 537.170. The hearing and decision on precedence may occur before the final decision on the permit. (5) After the public hearing the Commission shall enter an order to: (a) Approve the requested precedence; (b) Approve the requested precedence conditionally; or (c) Deny the requested precedence. (6) The Department shall also publish a statement of findings that explains the basis for the decision made in Section (5) of this rule. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 536 & 537 History: WRD 4-2006, f. & cert .ef. 10-2-06 WRD 8-2001, f. & cert. ef. 12-14-01 WRD 20-1988, f. & cert. ef. 11-4-88
690-078-0000 Purpose Chapter 735, 1991 Session Laws required the Department to adopt new rules or amend existing rules for the processing of water right applications for use of water for chemical process mining. The purpose of this chapter is to describe: (1) The required contents of an application for a new water use permit for chemical process mining; (2) Department and Commission procedures for reviewing, approving, conditioning or rejecting the application; and (3) Procedures for the management of water use permits for chemical process mining, from approval through issuance of the confirming certificate of water right. Statutory/Other Authority: OL 735 & 1991 History: WRD 1-1992, f. & cert. ef. 1-15-92
690-078-0010 Definitions The following definitions apply in this division and to any permits or certificates issued under these rules: (1) “Chemical Process Mining” means a mining and processing operation for metal bearing ores that uses chemicals to dissolve metals from ore. (2) “Commission” means Oregon Water Resources Commission. (3) “Consolidated Application” means the single application filed with the Department of Geology and Mineral Industries as required under Section 13, Chapter 735, 1991 Oregon Laws. (4) “Cooperating Agency” means an agency that has statutory responsibility related to a chemical process mine but that does not issue a permit for the mining process. (5) “Department” means Oregon Water Resources Department. (6) “DOGAMI” means Department of Geology and Mineral Industries. (7) “Environmental Evaluation” means an analysis of specific impacts of the chemical process mine operation that allow affected agencies to develop permit conditions. (8) “Permitting Agency” means an agency that has a separate permitting authority for some element of a chemical process mine. (9) “Project Coordinating Committee” means the interagency governmental committee that shares information and coordinates county, state and federal permitting requirements, facilitates the exchange of ideas, optimizes communication and avoids duplicate effort. (10) “Suspension of Water Use Permit” means that water cannot be appropriated under a permit or certificate issued under these rules because the operator of the mine has not increased the bond to cover the additional reclamation costs. The suspension will be lifted when the operator posts the additional bond security. (11) “Technical Review Team” means the interagency governmental committee that determines baseline data methodology guidelines and coordinates the use of the data. Statutory/Other Authority: OL 735 & 1991 History: WRD 1-1992, f. & cert. ef. 1-15-92
690-078-0020 Water Use Permit Applications for Chemical Process Mining (1) The State Department of Geology and Mineral Industries is responsible for coordinating the activities of affected agencies related to the consolidated application for chemical process mining. (2) If a water use application for chemical process mining is submitted to the Department and such use is not clearly defined as an allowable use under the applicable basin program, the Director shall review the basin program policies and objectives and determine whether the proposed use is an allowable use within one of the allowed categories of use. (3) If the Director is unable to make the necessary determination, or if the applicant is not satisfied with the Director’s determination, the question shall be referred to the Commission for determination. Statutory/Other Authority: OL 735 & 1991 History: WRD 1-1992, f. & cert. ef. 1-15-92
690-078-0030 Information Required to File a Water Use Permit Application for Chemical Process Mining The Department shall accept applications for filing and thereby establish a tentative date of priority to appropriate the waters of the State of Oregon for chemical process mining when the application is on forms provided or approved by the Department, is accompanied by the examination fee required by ORS 536.050, and contains or is accompanied by the following information: (1) Name and mailing address of the applicant(s). (2) Source(s) of the water from which use is proposed. (3) Quantity of water to be appropriated. (4) A map showing the location of the proposed water use, prepared by a certified water rights examiner, or such other information as may be necessary to establishing the location of the proposed point of diversion and place of use to the proper quarter-quarter section, township and range, prepared in manner described in OAR 690-078-0080. (5) Nature of the use(s). (6) Name and mailing address of the legal owner of the property upon which any portion of the proposed development will occur, if other than the applicant. (7) An explanation of why the information listed in OAR 690-078-0040 for surface and groundwater applications or in OAR 690-078-0050 for reservoir applications does not apply to the proposed use. (8) Land use information as outlined in the Department’s Land Use Planning Procedures Guide or as a receipt signed and dated by a local government official acknowledging the land use information request was received by the local planning department. (9) Signature of the applicant(s) and if the applicant is a public agency, corporation or business, the title or authority of the signatory. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: OL 735 & 1991 History: WRD 1-1992, f. & cert. ef. 1-15-92
690-078-0040 Information Required to Process a Water Use Permit Application for Chemical Process Mining Prior to processing, applications to appropriate surface waters or groundwaters of the State of Oregon for chemical process mining shall include: (1) Proposed dates for the beginning of construction, completion of construction, and complete application of the water. (2) A map of the proposed place of water use prepared by a certified water right examiner in accordance with OAR 690-014-0150 and 690-078-0080. (3) A copy of the legal description of the property on which the water is to be used. (4) A copy of the well constructor’s log, if available, for any well already constructed. (5) A description, including drawings if required by the Department, of the proposed means of diversion, construction, and operation of the diversion works and transmission of the appropriated waters, including provisions, if any, to measure the amount diverted, to prevent damage to aquatic life, to prevent the discharge of contaminated water to a surface stream or to prevent damage to public uses of affected surface waters. (6) The horizontal distance from the proposed point of groundwater appropriation to the nearest surface water source, if less than one mile, and the difference in land surface elevation between them. (7) Land use information as outlined in the Department’s Land Use Planning Procedures Guide. If the land use information is not postmarked, or received by the Department, within 60 days of request, as evidenced by the receipt required in OAR 690-078-0030(8), the Department shall conclude that the requirement for obtaining land use information has been met and may proceed with processing the application. (8) A copy of written authorization or easement permitting access to land not owned by the applicant and crossed by the proposed ditch, canal or other work. (9) A complete water balance for the project, including but not limited to estimates of evaporation, precipitation at the site, seepage, discharge and make-up water. (10) Such other information as the Department or Commission deems necessary. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: OL 735 & 1991 History: WRD 1-1992, f. & cert. ef. 1-15-92
690-078-0050 Information Required to Process an Application for Storing Water and Constructing a Reservoir for Chemical Process Mining Information to accompany applications for chemical process mining proposing to store waters of the State of Oregon and to construct a reservoir, or multiple reservoirs on a single contiguous property on the same stream system, shall include or be accompanied by: (1) Proposed dates for the beginning and completion of construction of the reservoir. (2) A map of the proposed place of use prepared by a certified water right examiner in accordance with OAR 690-014-0150 and 690-078-0080. (3) A copy of the legal description of the property upon which the water is to be stored. (4) A description, including drawings if required by the Department, of the proposed means of diversion and operation of the appropriation works and transmission of the appropriated waters, including provisions, if any, to measure the amount diverted, to prevent damage to aquatic life, or to prevent damage to public uses of affected surface waters. (5) Plans, specifications and supporting information for the dam and impoundment area, as required in OAR 690, division 20. (6) Land use information as outlined in the Department’s Land Use Planning Procedures Guide. If the land use information is not post-marked, or received by the Department, within 60 days of request, as evidenced by the receipt required in OAR 690-078-0030(8), the Department shall conclude that the requirement for obtaining land use information has been met and may proceed with processing the application. (7) A copy of written authorization or easement permitting access to land not owned by the applicant and crossed by the proposed ditch, canal or other work. (8) Such other information as the Department or Commission deems necessary. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: OL 735 & 1991 History: WRD 1-1992, f. & cert. ef. 1-15-92
690-078-0060 Processing Incomplete Applications for Chemical Process Mining (1) For any chemical process mining applications which do not fulfill the requirements of OAR 690-078-0040 and/or 690-078-0050, the Department shall: (a) Return the application to the applicant for the curing of defects if the application form is incomplete; or (b) Send a letter to the applicant or certified water right examiner, as identified by the applicant on the application form, describing any other deficiencies or additional data being requested. (2) The Department’s correspondence shall state a time within which the application or requested information must be returned to the Department. The time allowed shall not be less than 30 days nor more than 60 days from the date on the correspondence. Failure to return the application within the time specified shall result in the loss of the tentative priority date. Failure to return the application or the requested information may result in the rejection of the application. (3) Upon written request of the applicant, the Department may grant an extension of time, up to one year, for the applicant to complete the application or supply the requested information: (a) The request shall state the reasons for the proposed extension; (b) The request shall indicate the amount of time needed to complete the application or supply the requested information. (4) The Department shall respond within 10 working days to the request indicating if the extension has/has not been granted and the date the information is due. Statutory/Other Authority: OL 735 & 1991 History: WRD 1-1992, f. & cert. ef. 1-15-92
690-078-0070 Process for Amending Applications for Chemical Process Mining Chemical process mining applications may be replaced or amended without loss of the tentative priority date so long as the information provided in the application under OAR 690-078-0030(2) and (3) is not increased and (5) does not change. If the replacement or amendment proposes additions to or increases in items listed in 690-078-0030(2), (3), or (5), the original proposal shall retain the original tentative priority date and the additions or increases shall be assigned a new tentative priority date, as of the date the amendment is received by the Department. Statutory/Other Authority: OL 735 & 1991 History: WRD 1-1992, f. & cert. ef. 1-15-92