justicedao/ipfs_state_laws huggingface dataset:
690-507-0780 Stage Gulch CGWA: Duties of Water Users (1) Appropriation of groundwater from the Stage Gulch Critical Groundwater Area is prohibited unless the water user meets the requirements of sections (2) to (5) of this rule. (2) A water user authorized by OAR 690-507-0810 to pump water from the basalt groundwater reservoir shall satisfy the following conditions: (a) Wells shall have an access port with a minimum diameter of 3/4 inch. The access shall be adequate to determine the water level at any time; (b) A water user may install a functioning airline with a pressure gage in addition to the access port. The airline shall be calibrated and yield accurate data. The airline shall not enter the well through the access port. The airline shall be adequate to determine the water level at any time; (c) A water user shall install and maintain a totalizing flow meter on each well authorized by OAR 690-507-0810 except wells authorized for irrigation of 10 acres or less. The meter shall meet the requirements of OAR 690-507-0785. (3) If a flow meter is required, a water user shall record flow meter and power meter readings on a weekly basis at times when water is being used. The water user shall use forms provided by the Department and shall mail the readings to the Department in Salem by December 1st of the same year. The Department may accept other power-use information from a water user in lieu of weekly power meter readings. Acceptable power-use information may include, but is not limited to, copies of monthly statements provided by the water user or directly by the utility. (4) A water user shall report broken flow meters to the watermaster in Pendleton within 48 hours after determining that the flow meter is broken. A water user shall not appropriate for more than 60 days without an operating flow meter. While the flow meter is broken, the water user shall record daily the hours the pump operates, the power meter reading and the time the power meter was read. The water user shall mail the data to the Department in Salem within one week of the installation of the repaired or replacement flow meter. The data shall include a statement of the initial reading on the newly installed flow meter and the current power meter reading. The water user shall notify the watermaster within 48 hours of installing the repaired or replacement flow meter. (5) A water user shall notify the Department in Salem or the watermaster in Pendleton prior to commencing any repair or modification work on a pump or well. If emergency repairs are required at times that preclude prior Department notification, a water user shall notify the Department by 5 p.m. on the first business day following commencement of the repair work. A water user shall mail a description of the repair or modification work to the Department within 10 days of the completion of the repair or modification. Statutory/Other Authority: ORS 536.900 - 536.935 & 537.505 - 537.745 History: WRD 6-1991, f. & cert. ef. 6-14-91
690-507-0790 Stage Gulch CGWA: Sustainable Annual Yield (1) Each of the subareas in the Stage Gulch Critical Ground-water Area shall be managed according to the sustainable annual yield within that subarea. The Department shall refine the sustainable annual yield over time through the use of pumpage data and the response of ground-water levels. (2) The initial sustainable annual yield for each of the seven managed subareas in the Stage Gulch Critical Groundwater Area was determined using data from the 1980 through the 1989 irrigation season and is listed below: SUBAREA — SUSTAINABLE ANNUAL YIELD A — 11,450 Acre Feet B — 200 Acre Feet C — 400 Acre Feet D — 3,250 Acre Feet F — 200 Acre Feet G — 2,750 Acre Feet H — 8,850 Acre Feet Statutory/Other Authority: ORS 536.900 - 536.935 & 537.505 - 537.745 History: WRD 2-2017, f. & cert. ef. 5-22-17 WRD 6-1991, f. & cert. ef. 6-14-91
690-507-0800 Stage Gulch CGWA: Method for Determining the Sustainable Annual Yield (1) The Department shall determine the sustainable annual yield for each subarea by comparing the volume of groundwater pumped annually from each subarea for a given year to the average of the annual changes in groundwater levels for the area for the same year: (a) The Department shall calculate pumpage from each well based on data collected by the Department and as submitted under OAR 690-507-0780. The pumpage for each subarea shall be calculated by totaling the pumpage from each well in the subarea required to have a flow meter; (b) The Department shall calculate annual change in groundwater levels for a subarea by subtracting the current year’s February or March water level from the previous year’s February or March water level. The average shall be calculated by adding the change at each well in the subarea and dividing by the number of wells with available water level data. Data from all permitted or certificated wells in each subarea that are measurable shall be used to calculate the average annual change. If water level data cannot be collected at a particular well, data from a nearby well may be substituted. (2) The total volume of groundwater pumped from each subarea for a given year shall be plotted against the average change in groundwater levels from that subarea for that year. (3) A line of regression is drawn through the data using the least squares fit method and extended through the zero decline axis. (4) The initial determination of sustainable annual yield for subareas B, C, and F of the Stage Gulch Critical Groundwater Area shall be based on the average annual pumpage in each subarea during the period 1985 through 1989, rounded upward to the nearest 50 acre-feet. Statutory/Other Authority: ORS 536.900 - 536.935 & 537.505 - 537.745 History: WRD 6-1991, f. & cert. ef. 6-14-91
690-507-0820 Stage Gulch CGWA: Process of Periodic Review of Sustainable Annual Yield (1) The Department shall determine whether a reasonably stable water level was achieved in the basalt groundwater reservoir in each subarea in 1995 and every five years thereafter. (2) For any subarea in which a reasonably stable water level was achieved, the Department may increase the sustainable annual yield if the evaluation under section (1) of this rule indicates that more water is available than the existing sustainable annual yield. (3) For any subarea in which a reasonably stable water level was not achieved, the Department may decrease the sustainable annual yield or modify subarea boundaries, or both, if the evaluation under section (1) of this rule indicates that less water is available than the existing sustainable annual yield. (4) For any subarea in which a reasonably stable water level was achieved but for which individual wells, in the Director’s judgment, show significant water level declines, the Department may propose modification of subarea boundaries. (5) If the Department proposes to modify sustainable annual yields or subarea boundaries, it shall conduct a rulemaking hearing as part of the basin program. (6) The Department may propose modification of subarea boundaries or sustainable annual yields at times other than the five year review required in section (1) of this rule. (7) Individuals with a groundwater right in the Stage Gulch Critical Groundwater Area may petition the Department to modify subarea boundaries or sustainable annual yields under the following conditions: (a) The petition shall be in writing; (b) The petition shall contain evidence in support of the proposed modification; and (c) The petition shall specify the proposed location of the boundary or sustainable annual yield. Statutory/Other Authority: ORS 536.900 - 536.935 & 537.505 - 537.745 History: WRD 6-1991, f. & cert. ef. 6-14-91
690-507-0830 Stage Gulch CGWA: Annual Reporting The Department shall publish a report for the Stage Gulch Critical Groundwater Area by May 31 of each year. The report shall include the water user’s name, well locations, permit numbers, priority dates, authorized diversions, actual diversion, and water levels. Statutory/Other Authority: ORS 536.900 - 536.935 & 537.505 - 537.745 History: WRD 6-1991, f. & cert. ef. 6-14-91
690-507-0840 Stage Gulch CGWA: Violation Policy Whenever the Department has reason to believe a violation of a rule in OAR 690, division 507 has occurred, it shall investigate. If a violation has occurred, the Director may take enforcement action. Statutory/Other Authority: ORS 536.900 - 536.935 & 537.505 - 537.745 History: WRD 6-1991, f. & cert. ef. 6-14-91
690-508-0000 General Classifications (1) Stored water may be used for any beneficial purpose. (2) The storage of up to 900 acre-feet of water 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 690-508-0110 through 0120. Statutory/Other Authority: ORS 536 Statutes/Other Implemented: ORS 536.220 & 536.310 History: WRD 6-2016, f. & cert. ef. 10-18-16 WRD 2-1997, f. & cert. ef. 2-25-97 WRD 5-1985, f. & cert. ef. 6-14-85 WRD 2-1981, f. & cert. ef. 4-30-81 WRB 27, f. 5-11-64 WRB 15, f. 3-7-62
690-508-0010 Upper Grande Ronde Subbasin (1) Classifications: (a) The maximum economic development of this state and the attainment of the highest and best use of the waters of the Upper Grande Ronde 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 Upper Grande Ronde Basin are hereby so classified. (b) 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 proper cognizance to the multiple-purpose concept. (2) 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. (3) Power Development: Water rights acquired for hydroelectric power purposes utilizing the waters of the Upper Grande Ronde Basin shall be subordinate in priority to future upstream beneficial uses of water except for hydroelectric power. Statutory/Other Authority: ORS 536 Statutes/Other Implemented: ORS 536.220 & 536.310 History: WRD 6-2016, f. & cert. ef. 10-18-16 WRD 2-1997, f. & cert. ef. 2-25-97 WRD 5-1985, f. & cert. ef. 6-14-85 WRD 2-1981, f. & cert. ef. 4-30-81 WRB 27, f. 5-11-64 WRB 15, f. 3-7-62
690-508-0020 Middle Grande Ronde Subbasin (1) Classifications: (a) The maximum economic development of this state, the attainment of the highest and best use of the waters of the Middle Grande Ronde 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 purposes and the waters of the Middle Grande Ronde Basin are hereby so classified. (b) Structures or works for 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 the 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 proper cognizance to the multiple-purpose concept. (2) Water Quality: Rights to use of water for industrial or mining purposes shall be issued only on the condition that any effluents or return flows from such uses shall not interfere with other beneficial uses. (3) Power Development: Water rights acquired for hydroelectric power purposes utilizing the waters of the Middle Grande Ronde Basin shall be subordinate in priority to future beneficial uses of water except for hydroelectric power. Statutory/Other Authority: ORS 536 Statutes/Other Implemented: ORS 536.220 & 536.310 History: WRD 6-2016, f. & cert. ef. 10-18-16 WRD 2-1997, f. & cert. ef. 2-25-97 WRD 5-1985, f. & cert. ef. 6-14-85 WRD 2-1981, f. & cert. ef. 4-30-81 WRB 27, f. 5-11-64 WRB 15, f. 3-7-62
690-508-0030 Lower Grande Ronde Subbasin (1) Classifications: (a) The maximum economic development of this state, the attainment of the highest and best use of waters of the Lower Grande Ronde 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 Lower Grande Ronde Basin are hereby so classified. (b) 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 the 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 proper cognizance to the multiple-purpose concept. (2) 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 6-2016, f. & cert. ef. 10-18-16 WRD 2-1997, f. & cert. ef. 2-25-97 WRD 5-1985, f. & cert. ef. 6-14-85 WRD 2-1981, f. & cert. ef. 4-30-81 WRB 27, f. 5-11-64 WRB 15, f. 3-7-62
690-508-0040 Wallowa River Subbasin (1) Classifications: (a) The maximum economic development of this state, the attainment of the highest and best use of the waters of the Wallowa River 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 purposes and the waters of the Wallowa River Basin are hereby so classified with the following specific exceptions: (A) The maximum economic development of this state, the attainment of the highest and best use of the waters of the Minam River 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, recreation, wildlife, and fish life uses and the waters of the Minam River Basin are hereby so classified. (B) Further, no out-of-basin diversions of waters of the Minam River shall be permitted for any use. (b) 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 the 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 proper cognizance to the multiple-purpose concept. (2) Water Quality: Rights to use of water for industrial or mining purposes for waters of the Wallowa River Basin shall be issued only on the condition that any effluents or return flows from such uses shall not interfere with other beneficial uses. Statutory/Other Authority: ORS 536 Statutes/Other Implemented: ORS 536.220 & 536.310 History: WRD 6-2016, f. & cert. ef. 10-18-16 WRD 2-1997, f. & cert. ef. 2-25-97 WRD 5-1985, f. & cert. ef. 6-14-85 WRD 2-1981, f. & cert. ef. 4-30-81 WRB 27, f. 5-11-64 WRB 15, f. 3-7-62
690-508-0050 Imnaha River Subbasin (1) Classifications: (a) The maximum economic development of the state, the attainment of the highest and best use of the waters of the Imnaha River 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 purposes and the waters of the Imnaha River Basin are hereby so classified. (b) 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 proper cognizance to the multiple-purpose concept. (2) Water Quality: Rights to the use of water for industrial or mining purposes shall be issued only on the condition that any effluents or return flows from such uses shall not interfere with other beneficial uses. (3) Power Development: Water rights acquired for hydroelectric power purposes utilizing the waters of the Imnaha River Basin shall be subordinate in priority to future upstream beneficial uses of water except for hydroelectric power. Statutory/Other Authority: ORS 536 Statutes/Other Implemented: ORS 536.220 & 536.310 History: WRD 6-2016, f. & cert. ef. 10-18-16 WRD 2-1997, f. & cert. ef. 2-25-97
690-508-0110 Upper Grande Ronde Subbasin Reservation 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 are as follows: (1) Fourteen thousand nine hundred (14,900) acre-feet of Meadow Creek and tributaries; (2) Twelve thousand (12,000) acre-feet of the Grande Ronde River and tributaries, including Fly Creek and tributaries, upstream of river mile 184 (NE 1/4, Section 14, Township 4 South, Range 35 East, Willamette Meridian). Statutory/Other Authority: ORS 537 Statutes/Other Implemented: ORS 537.249 & 537.356 History: WRD 6-2016, f. & cert. ef. 10-18-16 WRD 2-1997, f. & cert. ef. 2-25-97
690-508-0120 Middle Grande Ronde Subbasin Reservation Nine thousand (9,000) acre-feet of unappropriated water of Catherine Creek and tributaries above Ames Creek 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
690-509-0010 Out-of-Basin Appropriations To support present and proposed Powder Basin resource developments no out-of-basin or out-of-state appropriations of water shall be made or granted by any state agency or public corporation of the state for the waters of Pine Creek, Eagle Creek, Powder River and Burnt River or their tributaries. Statutory/Other Authority: ORS 536 & 537 History: WRD 1-1981, f. & cert. ef. 4-20-81 WRB 43, f. 7-10-70
690-509-0030 Water Quality Rights to use of water for industrial or mining purposes granted by any state agency 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 1-1981, f. & cert. ef. 4-20-81 WRB 43, f. 7-10-70
690-509-0110 South Fork Burnt River Reservation Seventeen thousand eight hundred (17,800) acre-feet of unappropriated water of the South Fork Burnt River and tributaries upstream of Unity reservoir are reserved for storage by the Burnt River Irrigation District in multipurpose reservoirs to be constructed in the future. The priority date of the reservation is June 5, 1992. In accordance with ORS 537.249, a reservoir permit authorizing the storing of the water reserved under this rule shall be granted precedence over instream water rights in the Burnt River subbasin. Statutory/Other Authority: ORS 537 Statutes/Other Implemented: ORS 537.249 & 537.356 History: WRD 3-2000, f. & cert. ef. 5-26-00 WRD 4-1996, f. & cert. ef. 3-15-96
690-509-0120 North Fork Burnt River Reservation Six thousand five hundred (6,500) acre-feet of unappropriated water of the North Fork Burnt River and tributaries upstream of Unity Reservoir are reserved for storage in multipurpose reservoirs to be constructed in the future. The priority date of the reservation is November 6, 1992. Statutory/Other Authority: ORS 537 Statutes/Other Implemented: ORS 537.249 & 537.356 History: WRD 3-2000, f. & cert. ef. 5-26-00 WRD 4-1996, f. & cert. ef. 3-15-96
690-509-0130 Burnt River Subbasin Reservation Two thousand (2,000) acre-feet of unappropriated water are reserved for storage in reservoirs to be constructed on the Burnt River and tributaries. The priority date of the reservation is November 6, 1992. Statutory/Other Authority: ORS 537 Statutes/Other Implemented: ORS 537.249 & 537.356 History: WRD 3-2000, f. & cert. ef. 5-26-00 WRD 4-1996, f. & cert. ef. 3-15-96
690-509-0140 Pine Creek Subbasin Reservation Ten thousand (10,000) acre-feet of unappropriated water of Pine Creek and tributaries above Long Branch, tributary to the Snake River, are reserved for multipurpose reservoirs to be constructed in the future. The priority date of the reservation is November 6, 1992. Statutory/Other Authority: ORS 536.027 & ORS 537.249 Statutes/Other Implemented: ORS 537.358, 536.300, ORS 536.310, ORS 537.249 & ORS 537.356 History: WRD 2-2020, amend filed 05/22/2020, effective 05/22/2020 WRD 3-2000, f. & cert.ef. 5-26-00
690-509-0150 Eagle Creek Subbasin Reservation Four thousand three hundred (4,300) acre feet of unappropriated water of Eagle Creek and tributaries upstream of gage 13288200 at Skull Creek are reserved for multipurpose reservoirs to be constructed in the future. The priority date of the reservation is November 6, 1992. Statutory/Other Authority: ORS 536.027 & ORS 537.249 Statutes/Other Implemented: ORS 537.358, ORS 536.300, ORS 536.310, ORS 537.249 & ORS 537.356 History: WRD 2-2020, amend filed 05/22/2020, effective 05/22/2020 WRD 3-2000, f. & cert.ef. 5-26-00
690-509-0160 Powder River Subbasin Reservation Unappropriated water is reserved for multipurpose reservoirs to be constructed in the future. The priority date of the reservation is November 6, 1992. The quantity and source of reserved water is as follows: (1) Three thousand nine hundred and ninety (3,990) acre feet of Goose Creek and tributaries upstream of the mouth, tributary to the Powder River east of Keating. (2) Twenty seven thousand (27,000) acre feet of the Powder River and tributaries upstream of Thief Valley Dam and below the confluence of Blue Canyon Creek (3) Two thousand nine hundred (2,900) acre feet of water of the Powder River and tributaries below the confluence of Blue Canyon Creek, including Blue Canyon Creek. Statutory/Other Authority: ORS 536.027 & ORS 537.249 Statutes/Other Implemented: ORS 536.358, ORS 536.300, ORS 536.310, ORS 537.249 & ORS 537.356 History: WRD 2-2020, amend filed 05/22/2020, effective 05/22/2020 WRD 3-2000, f. & cert.ef. 5-26-00