690-507-0040 Wildhorse Creek Subbasin (1) Objectives: In developing a program for the management, use and control of the surface and groundwater resources of the Wildhorse Creek subbasin, the Commission has the following objectives: (a) Protect instream values by closing streams to future appropriations during the low-flow season and limiting future appropriations during the high-flow season to selected nonirrigation or nonconsumptive uses; (b) Permit artificial groundwater recharge to offset declining groundwater levels and supplement existing groundwater uses; (c) Protect municipal groundwater supplies; (d) Prevent new appropriations from causing groundwater/surface water interference; (e) Support efforts to reduce nonpoint source sediment loads in subbasin streams. (2) Surface Water: Appropriation and use of surface water in the Wildhorse Creek subbasin shall comply with the following provisions: (a) Wildhorse Creek and tributaries are withdrawn from further appropriation of unappropriated waters during the period June 1 through October 31 each year. The withdrawal does not apply to domestic, livestock, fish and wildlife uses or water released from storage. This action was taken by the Commission on December 2, 1985; (b) Classification: Permits to use the surface waters of Wildhorse Creek and tributaries may be issued only for domestic, livestock, irrigation of noncommercial lawn and garden not to exceed 1/2 acre, power development (subject to the limitations of OAR Chapter 690, Division 51), mining, fish life, wildlife, recreation, pollution abatement, artificial groundwater recharge and public instream uses during the period November 1 through May 31 each year. This classification rescinds the Commission's order of December 2, 1985, withdrawing the Umatilla River and tributaries from further appropriation from November 1 through May 31 each year until December 31, 1988. (c) Storage: Surface water legally stored during the period November 1 through May 31 and legally released may be used for any beneficial purpose; (d) Artificial groundwater recharge: Use of surface water for groundwater recharge shall be subject to the following conditions: (A) Recharged water used under a secondary permit for irrigation may only provide supplemental water to lands with existing irrigation rights or permits on June 24, 1988; (B) Diversion of surface water for recharge for irrigation under a secondary permit shall not exceed 2.25 acre feet per acre to be irrigated; and (C) If the recharged water is to be used for municipal or industrial purposes under a secondary permit, the applicant shall demonstrate to the satisfaction of the Commission that it has an active water conservation program. (3) Groundwater; Appropriation and use of groundwater in the Wildhorse Creek subbasin shall comply with the following provisions: (a) Classification: Permits to use groundwater may be issued only for the following classified uses: (A) The groundwater resources of the Wildhorse Creek subbasin are classified for statutorily exempt groundwater uses (see definition), irrigation, municipal, industrial, power development, low temperature geothermal, mining, fish life, wildlife, recreation, pollution abatement, and artificial groundwater recharge; and (B) Groundwater from the basalt reservoir in a five-mile radius around any municipal well of the cities of Adams, Athena, Helix, Pendleton, and Weston is classified for municipal, group domestic and statutorily exempt groundwater uses (see definition) only. Other uses may be permitted if it is documented that a barrier to groundwater movement separates a proposed well from municipal wells and there will be no interference with municipal wells. Applications for other uses of groundwater within a five-mile radius of a municipal well shall automatically be referred to the Commission for review and consideration of public interest unless the affected city affirms that it is in favor of the proposed appropriation. This classification applies only when the affected city(ies) have a full-time conservation program in effect. (b) Permits issued to appropriate groundwaters that may be hydraulically connected with surface water shall be specially conditioned. The condition shall specify that when exercise of the permit unduly interferes with surface water, the permit will be regulated in favor of the surface water source. Statutory/Other Authority: ORS 536 & 537 History: WRD 2-2017, f. & cert. ef. 5-22-17 1-1993, Renumbered from 690-080-0070 WRD 9-1990, f. & cert. ef. 6-25-90 WRD 8-1988, f. & cert. ef. 7-5-88 WRD 1-1987, f. & cert. ef. 2-27-87 WRD 1-1986, f. & cert. ef. 2-20-86 WRD 14-1985, f. & cert. ef. 12-20-85 WRD 13, f. & cert. ef. 12-18-85 WRD 10-1985, f. & cert. ef. 9-3-85 WRD 1-1981, f. & cert. ef. 4-20-81 WRB 26, f. & cert. ef. 3-2-64