justicedao/ipfs_state_laws huggingface dataset:
690-502-0250 Special Columbia River Basalt Group Aquifer Permit Conditions New permits issued to appropriate groundwater from Columbia River Basalt Group aquifers shall be specially conditioned. The conditions shall specify: (1) A static water level measurement be made and submitted before any use of water may commence at the well; (2) The permittee/appropriator install a meter or other suitable measuring device approved by the Director and submit an annual report of water used to the Department; (3) Limits on acceptable amounts of depletion and interference with other users; (4) Use of water from the well be controlled or shut off if limits specified in the permit to protect the resource from depletion, and prior appropriators from interference, are exceeded; (5) The Department shall determine, from measurements submitted by the permittee/appropriator, or other data on file in the department, the initial and subsequent water levels from which the previously cited declines are referenced; (6) Following the issuance of a permit, the permittee/appropriator shall measure the water levels in the permitted well each year between March 1 and March 31 (spring high-water level) and submit the data to the Department within 90 days of measurement. Water level measurements shall be made by a certified water rights examiner, licensed water well driller, licensed pump installer, registered geologist, licensed land surveyor, registered professional engineer or the permittee/appropriator; (7) Any other conditions derived from OAR 690, division 008 as deemed necessary to protect the groundwater resource. Statutory/Other Authority: ORS 536 & 537 History: WRD 3-2003, f. & cert. ef. 12-4-03, Renumbered from 690-502-0160 WRD 12-1992, f. & cert. ef. 9-9-92 WRD 4-1992, f. & cert. ef. 3-13-92, Renumbered from 690-080-0021, 690-080-0022, 690-080-0023 WRD 3-1986(Temp), f. & cert. ef. 3-11-86 WRB 11-1985, f. & cert. ef. 9-5-85 WRD 5-1985, f. & cert. ef. 6-14-85 WRD 2-1981, f. & cert. ef. 4-30-81 WRD 9-1980, f. & cert. ef 11-26-80 WRD 7-1980, f. & cert. ef. 8-12-80 WRD 1-1980, f. & cert. ef. 12-19-80 WRD 2-1976, f. & cert. ef. 11-5-76 WRB 63-1975, f. & cert. ef. 6-5-75 WRB 47-1971, f. & cert. ef. 4-30-71 WRB 42-1970, f. & cert. ef. 5-1-70 WRB 40-1968, f. & cert. ef. 9-6-68 WRB 35-1966, f. & cert. ef. 6-10-66 WRB 32-1965, f. & cert. ef. 7-27-65 WRB 30-1964, f. & cert. ef. 7-3-64 WRB 29-1964, f. & cert. ef. 7-1-64 WRB 27-1964, f. & cert. ef. 5-11-64 WRB 19-1962, f. & cert. ef. 6-5-62 WRB 8-1959, f. & cert. ef. 4-21-59
690-502-0260 Special Permit Conditions New permits issued to appropriate groundwater from aquifers within the Sandy-Boring Groundwater Limited Area and the Troutdale aquifer in the Damascus Groundwater Limited Area shall be specially conditioned. The conditions shall specify: (1) A static water level measurement be made and submitted before any use of water may commence at the well; (2) Limits on acceptable amounts of depletion and interference with other users; (3) Use of water from the well be controlled or shut off if limits specified in the permit to protect the resource from depletion, and prior appropriators from interference, are exceeded; (4) The Department shall determine, from measurements submitted by the permittee/appropriator, or other data on file in the department, the initial and subsequent water levels from which the previously cited declines are referenced; (5) Following the issuance of a permit, the permittee/appropriator shall measure the water levels in the permitted well each year between March 1 and March 31 (spring high-water level) and submit the data to the Department within 90 days of measurement. Water level measurements shall be made by a certified water rights examiner, licensed water well driller, licensed pump installer, registered geologist, licensed land surveyor, registered professional engineer or the permittee/appropriator; (6) Any other conditions as specified in OAR 690, division 008 as deemed necessary to protect the groundwater resource. Statutory/Other Authority: ORS 536 & 537 History: WRD 3-2003, f. & cert. ef. 12-4-03, Renumbered from 690-502-0160 WRD 12-1992, f. & cert. ef. 9-9-92 WRD 4-1992, f. & cert. ef. 3-13-92, Renumbered from 690-080-0021, 690-080-0022, 690-080-0023 WRD 3-1986(Temp), f. & cert. ef. 3-11-86 WRB 11-1985, f. & cert. ef. 9-5-85 WRD 5-1985, f. & cert. ef. 6-14-85 WRD 2-1981, f. & cert. ef. 4-30-81 WRD 9-1980, f. & cert. ef 11-26-80 WRD 7-1980, f. & cert. ef. 8-12-80 WRD 1-1980, f. & cert. ef. 12-19-80 WRD 2-1976, f. & cert. ef. 11-5-76 WRB 63-1975, f. & cert. ef. 6-5-75 WRB 47-1971, f. & cert. ef. 4-30-71 WRB 42-1970, f. & cert. ef. 5-1-70 WRB 40-1968, f. & cert. ef. 9-6-68 WRB 35-1966, f. & cert. ef. 6-10-66 WRB 32-1965, f. & cert. ef. 7-27-65 WRB 30-1964, f. & cert. ef. 7-3-64 WRB 29-1964, f. & cert. ef. 7-1-64 WRB 27-1964, f. & cert. ef. 5-11-64 WRB 19-1962, f. & cert. ef. 6-5-62 WRB 8-1959, f. & cert. ef. 4-21-59
690-503-0020 Policies The surface water resources of the Sandy River Basin are important for maintaining instream and scenic values. The groundwater and surface waters are used for municipal, domestic, industrial and agricultural uses. The Bull Run Watershed is the main source of water for the city of Portland and the Portland metropolitan area. The protection and maintenance of water resources for these uses will promote the economic and general welfare of the people of the state. Therefore, it shall be the policy of the Commission: (1) To limit future surface water appropriations, except for storage, in the Sandy Basin mainly to municipal and noconsumptive, instream uses for the purpose of protecting and enhancing those statutorily preferred uses and values such as municipal, fish life, wildlife, recreation and aesthetics. (2) To carry out the state groundwater management policy by addressing groundwater declines near Sandy, controlling interference with surface supplies and protecting the quality of shallow aquifers. (3) To uphold, subject to senior claims, the city of Portland’s exclusive right to the waters of the Bull Run and Little Sandy rivers for municipal use. The Commission supports further development of the Bull Run and Little Sandy rivers for municipal use under a planned approach, designed to best meet the needs of the city and region, while encouraging water use efficiency and conservation and protecting the naturally high quality of the water. Statutory/Other Authority: ORS 536.220, 536.300 & 536.310 History: WRD 4-1991, f. & cert. ef. 3-14-91
690-503-0030 Objectives The objectives of the Commission in managing the surface and groundwater resources of the Sandy Basin are to: (1) Uphold existing legislative withdrawals and grants, and state scenic waterway designations, consistent with statutory direction. (2) Protect existing rights. (3) Maintain and enhance instream and scenic values in the Sandy River Scenic Waterway and Columbia Gorge and throughout the Sandy Basin by limiting new out-of-stream appropriation from natural summer flows and protecting remaining instream flows in the Sandy River main stem and its tributaries. (4) Minimize groundwater/surface water hydraulic interference. (5) Condition permits to regulate future use of groundwater in areas of documented declines near Sandy. Statutory/Other Authority: ORS 536.220, 536.300 & 536.310 History: WRD 4-1991, f. & cert. ef. 3-14-91
690-503-0040 Surface Water Classifications (1) By act of the Oregon Legislature, the following streams are closed to further appropriation unless otherwise indicated: (a) The main stems and tributaries of the Bull Run and Little Sandy rivers are protected for the exclusive use of the city of Portland; subject to senior rights or claims predating February 24, 1909 (ORS 538.420); (b) Hackett Creek, a tributary of the Sandy River located in Clackamas County, and its tributaries, are withdrawn from appropriation except for fish life (ORS 538.150); (c) Except as provided in ORS 538.210, the following streams forming waterfalls near the Columbia River Highway and flowing directly into the Columbia River shall not be diverted or interrupted for any purposes (ORS 538.200): (A) Latourell Creek — forming Latourell Falls; (B) An unnamed stream whose waterfall is approximately at the southwest quarter of the southwest quarter of the northwest quarter of section 28, township one north, range five east, at the northern edge of Tax Lot 27/28. The fall is on the south side of the old Columbia River Highway, 0.7 mile west of the highway bridge at Young Creek; (C) An unnamed stream whose waterfall is approximately at the southeast quarter of the southwest quarter of the northwest quarter of section 28, township one north, range five east, at the northern intersection of Tax Lot 27/26. The falls are on the south side of the old Columbia River Highway, 0.6 mile west of the highway bridge at Young Creek; (D) An unnamed stream whose waterfall is approximately at the northeast quarter of the northeast quarter of the northwest quarter of section 28, township one north, range 5 east, Tax Lot 3. The falls are on the south side of the old Columbia River Highway, 0.1 mile west of the highway bridge at Young Creek; (E) Young Creek — forming Shepperd Dell Falls; (F) Bridal Veil Creek — forming Bridal Veil Falls; (G) Coopey Falls Creek; (H) Mist Falls Creek; (I) Wahkeena Creek — forming Wahkeena Falls, formerly known as Gordon Falls; (J) Multnomah Creek — forming Multnomah Falls; (K) Oneonta Creek — forming Oneonta Falls and Gorge; (L) Horse Tail Creek — forming Horse Tail Falls; (M) Tumalt Creek; (N) McCord Creek, formerly known as Kelly Creek — forming Elwah Falls; (O) Moffatt Creek — forming Wahe Falls; (P) Tanner Creek — forming Wahclella Falls. (2) Except as otherwise provided in sections (1) and (3) of this rule, all the surface waters of the Sandy Basin are classified only for fish life, domestic, stock, municipal, aesthetic, recreation and public park uses. (3) In addition to uses in section (2) of this rule, all tributaries of the Sandy River but not the main stem Sandy River are open for storage from December 1 to June 1 of each year. Water stored during this period may be used at any time for any beneficial use. (4) No permit shall be issued if the proposed use is found detrimental to the scenic waterway values as described in ORS 390.835. Statutory/Other Authority: ORS 536.220, 536.300 & 536.310 History: WRD 4-1991, f. & cert. ef. 3-14-91
690-503-0050 Groundwater Classification Permits to use groundwater may be issued only for the following classified uses: (1) Except as provided in sections (2) and (3) of this rule, the groundwater resources of the Sandy Basin are classified for commercial, group domestic, industrial, irrigation, mining, municipal, and statutorily exempt groundwater uses. (2) Groundwater from the shallow Troutdale aquifer in the Sandy-Boring Groundwater Management Area, as shown in Figure 1, is classified for exempt uses only. (3) Groundwater hydraulically connected to, and within 1/4 mile of, surface water shall be classified for the same uses as the surface water source and for uses exempted by ORS 537.545. [ED NOTE: Figures referenced are available from the agency.] Statutory/Other Authority: ORS 536.220, 536.300 & 536.310 History: WRD 4-1991, f. & cert. ef. 3-14-91
690-503-0060 Special Permit Conditions Permits issued to appropriate groundwater from aquifers in the Sandy Basin shall be specially conditioned. The conditions shall specify: (1) Use of water from the well, as allowed herein, shall be regulated if the well displays: (a) An average water level decline of three or more feet per year for five consecutive years; or (b) A total water level decline of fifteen or more feet; or (c) A hydraulic interference decline of fifteen or more feet in any neighboring well providing water for senior exempt uses or wells covered by prior rights. (2) The permittee/appropriator shall install a meter or other measuring device suitable to the Director, and shall keep a complete record of water uses. (3) The permittee/appropriator shall be responsible for complying with each of the following requirements for measuring water levels in the well: (a) Use of water from a new well shall not begin until the initial water level in the well has been measured. A measurement of initial water level shall be made at the time a pump is installed, but before pumping begins; (b) In addition to the measurement required in subsection (a) of this section, a water level measurement shall be made each year at the time of spring high water during the period March 15 through April 15; (c) All water level measurements shall be made by a qualified individual. Qualified individuals include certified water rights examiners, licensed water well drillers, registered geologists, registered professional engineers, registered land surveyors, or the permittee/appropriator; (d) Any qualified individual measuring a well shall use standard methods of procedure and equipment designed for the purpose of well measurement. The equipment used shall be well suited to the conditions of construction at the well. A list of standard methods of procedure and suitable equipment shall be available from the Department; (e) The permittee/appropriator shall submit a record of the measurement to the Department on a form available from the Department. The record of measurement shall be received not later than 30 days from the date of measurement. (4) The Department shall determine when any of the declines cited in section (1) of this rule are evidenced by the well measurement required in section (3) of this rule. Statutory/Other Authority: ORS 536.220, 536.300 & 536.310 History: WRD 4-1991, f. & cert. ef. 3-14-91
690-504-0000 Classifications (1) The maximum economic development of this state, the attainment of the highest and best use of the waters of the Hood 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, fish life, pollution abatement use, and the waters of the Hood Basin are hereby so classified with the following exceptions: (a) The maximum economic development of this state, and the attainment of the highest and best use of the waters of Dog River above its point of diversion at Water Resources Department – U.S. Geological Survey Gage 14113400, 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 municipal use, and the waters of Dog River above that point are hereby so classified; (b) The maximum economic development of this state, and the attainment of the highest and best use of the waters of the natural lakes of the Hood 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 of lawn or noncommercial garden not to exceed one-half acre in area, power development not to exceed 7-1/2 theoretical horsepower, recreation, wildlife, and fish life uses and the waters of natural lakes of the basin are hereby so classified. (2) 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 work are further declared to be prejudicial to the public interest which do not give cognizance to the multiple-purpose concept. (3) Pursuant to ORS 538.200, the following streams forming waterfalls near the Columbia River Highway and flowing directly into the Columbia River shall not be diverted or interrupted for any purposes, except as provided in ORS 538.210: (a) Summit Creek — Forming Camp Benson Falls; (b) Wonder Creek also known as Spring Creek — Forming Lancaster Falls; (c) Warren Creek; (d) Phelps Creek; (e) Perham Creek; (f) Lindsey Creek — Forming Lindsey Falls; (g) Herman Creek; (h) Harphan Creek; (i) Grays Creek; (j) Gorton Creek — Forming Gorton Creek Falls; (k) Eagle Creek; (l) Cabin Creek; (m) Ruckles Creek, also known as Deadman’s Creek; (n) Starvation Creek — Forming Starvation Falls; (o) Viento Creek. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 538.200 History: WRD 4-2016, f. & cert. ef. 8-23-16 WRD 4-1988, f. 5-17-88, cert. ef. 5-13-88 WRD 1-1985, f. & cert. ef. 3-28-85 WRD 1-1981, f. 4-20-81 WRD 3-1980, f. 1-23-80 WRB 34, f. 4-7-66
690-504-0005 Definitions (1) “Indian Tribe” as defined by ORS 182.162, which defines a tribe as a federal recognized Indian tribe in Oregon. (2) “Consultation”, for the purpose of this rule “consultation” means a dialogue for the purpose of obtaining information or advice. Statutory/Other Authority: ORS 536 & 537 History: WRD 4-2016, f. & cert. ef. 8-23-16
690-504-0020 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 & 537 History: WRD 4-2016, f. & cert. ef. 8-23-16 WRD 4-1988, f. 5-17-88, cert. ef. 5-13-88 WRD 1-1985, f. & cert. ef. 3-28-85 WRD 1-1981, f. 4-20-81 WRD 3-1980, f. 1-23-80 WRB 34, f. 4-7-66
690-504-0110 West Fork Hood River Subbasin Reservation Nine thousand (9,000) acre-feet of unappropriated water of the Lake Branch of the West Fork Hood River or its tributaries upstream of the confluence with the West Fork Hood River are reserved for storage in multipurpose reservoirs. 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 8-1996, f. & cert. ef. 11-14-96
690-504-0120 East Fork Hood River Subbasin Reservation Fifty Thousand (50,000) acre-feet of unappropriated water of the East Fork Hood River or its tributaries upstream of the confluence of the Dog River with the East Fork Hood River are reserved for storage in multipurpose reservoirs. 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 8-1996, f. & cert. ef. 11-14-96
690-504-0130 Neal Creek Subbasin Reservation Five thousand (5,000) acre-feet of unappropriated water of Neal Creek or its tributaries are reserved for storage in multipurpose reservoirs. 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 8-1996, f. & cert. ef. 11-14-96
690-504-0140 Mosier Creek Subbasin Reservation Six thousand four hundred (6,400) acre-feet of unappropriated water of Mosier Creek or its tributaries are reserved for storage in multipurpose reservoirs. 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 8-1996, f. & cert. ef. 11-14-96
690-504-0150 Eightmile Creek Subbasin Reservation Four thousand (4,000) acre-feet of unappropriated water of Eightmile Creek or its tributaries upstream of the confluence of Pine Hollow with Eightmile Creek are reserved for storage in multipurpose reservoirs. 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 8-1996, f. & cert. ef. 11-14-96
690-504-0160 Fifteenmile Creek Subbasin Reservation Unappropriated water in the Fifteenmile Creek subbasin is reserved as follows: (1) Five thousand (5,000) acre-feet of unappropriated water of Fifteenmile Creek or its tributaries upstream of the City of Dufur water supply reservoir are reserved for storage in multipurpose reservoirs. The priority date of the reservation is November 6, 1992. (2) Three thousand five hundred (3,500) acre-feet of unappropriated water of Larch Creek or its tributaries are reserved for storage in multipurpose reservoirs. 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 8-1996, f. & cert. ef. 11-14-96
690-505-0030 Upper Crooked River Basin (1) Classifications: (a) The maximum economic development of this state, the attainment of the highest and best use of the waters of the Deschutes-Upper Crooked 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, power development, industrial, mining, recreation, wildlife and fish life uses and the waters of the Deschutes-Upper Crooked River Basin are hereby so classified; (b) Applications for the use of the waters of the Deschutes-Upper Crooked River Basin shall not be accepted by any state agency for any other use and the granting of applications for such other uses is declared to be prejudicial to the public interest and the granting of applications for such other uses would be contrary to the integrated and coordinated program for the use and control of the water resources of the state; (c) 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 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 6-1984, f. & cert. ef. 12-27-84 WRD 3-1981, f. & cert. ef. 5-12-81 WRD 2-1981, f. & cert. ef. 4-30-81 WRD 8-1980, f. & cert. ef. 11-24-80 WRD 5-1980, f. & cert. ef. 4-8-80 WRD 4-1980, f. & cert. ef. 1-23-80 WRD 2-1979(Temp), f. & cert. ef. 10-9-79 WRD 7-1978, f. & cert. ef. 10-13-78 WRD 6-1978(Temp), f. & cert. ef. 8-15-78 Reverted to WRB 38, f. 6-14-67 WRD 7(Temp), f. 7-11-77 WRB 38, f. 6-14-67 WRB 27, f. 5-11-64 WRB 18, f. 6-1-62 WRB 16, f. 2-20-62 WRB 6, f. 11-30-59