justicedao/ipfs_state_laws huggingface dataset:
690-020-0310 Requirement to Address Maintenance Actions Need for High or Significant Hazard Dams (1) If, as a result of an inspection of a Dam that is rated High or Significant Hazard, the Department concludes that Maintenance Actions are needed, the Department shall use the process contained in this section as outlined below. (2) Upon inspection of a Dam that is rated High or Significant Hazard, the Department shall provide specific written notice in the inspection document, describing the observed condition of the Dam and informing the Dam owner of needed Maintenance Actions. The notice in the inspection document shall inform the Dam owner of the opportunity to meet with the Department concerning the information provided in the inspection document. (a) Upon request of the Dam owner, the Department may provide more specific information regarding the inspection and the maintenance needs of the Dam. (b) The Department may evaluate whether Maintenance Actions were completed during the next scheduled inspection of the Dam or sooner, pursuant to OAR 690-020-0260(3). (3) If, upon inspection of the Dam, the Department determines that the Dam owner has failed to take the necessary Maintenance Actions as identified in the notice of a prior inspection document, the Director may proceed to issue a proposed final order as provided in OAR 690-020-0460 or the Department and the Dam owner may enter into a stipulated corrective plan that provides dates certain by which necessary Maintenance Actions are performed. (4) A proposed final order may include, but is not limited to, provisions: (a) Requiring performance of the needed Maintenance Actions identified in the inspection document notice by a date certain as specified by the Department; (b) An assessment of civil penalties consistent with OAR 690-020-0600. (5) At any time subsequent to receipt of a proposed final order, the Dam owner may enter into a stipulated corrective plan to resolve the matters asserted in the proposed final order as provided in ORS 183.417. (6) If the Dam owner performs needed Maintenance Actions to the satisfaction of the Department and consistent with the proposed final order or stipulated corrective plan, the Director may not assess or pursue civil penalties for the matters identified in the proposed final order or stipulated corrective plan. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.455, 540.467, 540.488 History: WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020
690-020-0400 Emergency Action Plans (EAP) (1) An owner of a High Hazard Dam shall develop an Emergency Action Plan (EAP) consistent with this section. The EAP is to assist the Dam owner and local emergency management personnel to ensure human safety in the event of a potential or actual Dam Failure. (2) For new Dams or to increase the Dam Height of High Hazard Dams, the EAP is required to be submitted as part of the plans and specifications in OAR 690-020-0035 and OAR 690-020-0080(1), prior to commencing new Dam construction. (3) Owners of Dams which have been reclassified to a High Hazard Rating will be required to develop and submit an EAP within one year of being notified of the reclassification by the Department. (4) An EAP shall contain, at a minimum, the following key elements: (a) Means for emergency condition detection; (b) Means for emergency level determination; (c) Identification of, and information necessary for, notification and communication to be made at each level of emergency condition, including, but not limited to, contact information required in OAR 690-020-0180(1); (d) Description of actions to prevent a Dam Failure incident or to help reduce the effects of a Dam Failure and facilitate response to an emergency; (e) A map of Dam Failure inundation zones developed using a Dam breach inundation analysis for varying conditions as specified by the Department, including, but not limited to, dry weather conditions and high flood conditions. The Department may require one inundation map if the dry weather and high flood flows are not substantially different. The inundation mapping must include cross sections at locations of concern, and a description of expected depth and velocity of maximum breach flows at each cross section; and (f) Procedures for termination of the emergency. (5) The Dam owner shall file copies of the EAP with the Department, the Office of Emergency Management, and the local emergency services agency for the county where the Dam is located. (6) The Department will, in consultation with the local Office of Emergency Management: (a) Periodically review the EAP and may require updates to the plan that recognize the actual capabilities of the local emergency managers; and (b) Determine the appropriate frequency for conducting emergency response exercises. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.449, 540.479, 540.482, 540.485, 540.488 History: WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020 WRD 2-2015, f. & cert. ef. 3-17-15
690-020-0420 Immediate Action to Prevent Dam Failure (1) If an actual or potential Dam Failure creates an imminent risk to life, property, or public infrastructure and an Emergency Action Plan exists for that Dam, a Dam owner shall immediately implement the actions specified in the plan. (2) If no EAP exists, and an actual or potential Dam Failure creates an imminent risk to life, property, or public infrastructure, the Dam owner shall immediately notify by telephone or other method that ensures immediate notification: (a) The local emergency services agency for the county where the Dam is located, via 9-1-1 call, if the dam has a Significant Hazard Rating; (b) The Department; and (c) To the extent practicable, Persons in areas where the potential for Dam Failure creates a risk to life, property, or public infrastructure. (3) In addition, if an actual or potential Dam Failure creates an imminent risk to life, property, or public infrastructure, a Dam owner shall also take all practicable measures to prevent Dam Failure. (4) If the Department is aware of conditions which indicate that immediate action is needed to prevent a Dam Failure, the Department may contact and advise the owner, operator, or individual in charge of the Dam regarding necessary actions to prevent the Dam Failure. (5) If a Dam has a Significant or High Hazard Rating and presents an imminent risk of dam failure, the Department or its agents or representatives may enter the property without notice or permission of the pertinent landowner to access the Dam and evaluate the condition or risk or to undertake necessary actions described in subsections (6) and (7).The Department’s entry onto property pursuant to this subsection shall be to the extent entry is reasonable or necessary. (6) The Department may communicate and coordinate actions necessary to reduce the risk of dam failure. (7) If the Department observes that there is a rapidly increasing leakage risk of overtopping at a Dam that has a Significant or High Hazard Rating, the Department may open Gates or Valves and siphon or pump Water to reduce the Water levels in the reservoir. (8) The Department may, as necessary to address an actual or potential Dam Failure that poses an imminent risk to life, property, or public infrastructure: (a) Modify approval requirements for emergency construction work; (b) Waive or modify the actions prescribed in an Emergency Action Plan; and (c) Pursue any other lawful remedy. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.449, 540.482, 540.485, 540.488 History: WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020
690-022-0020 Purpose and Statutory Authority (1) The purpose of these rules is to implement ORS 536.750(1)(c), which authorizes the Commission, pursuant to a gubernatorial declaration that a severe, continuing drought exists, to grant a temporary preference to water rights for human consumption or stock watering use over other water uses regardless of priority date. (2) These rules, pursuant to the Governor’s Executive Order no.14-01, dated February 13, 2014, are effective upon filing, and shall remain effective until December 31, 2014. During the effective period of these rules and a drought declaration under ORS 536.740 in Klamath County, the Commission grants a preference in Klamath County of use for water rights for human consumption or stock watering as provided in this rule. The temporary preference of use shall only apply to Klamath County and shall remain in effect only during the effective time period of the Governor’s drought declaration in Klamath County while these rules are in effect. (3) These rules are repealed on December 31, 2014. Statutory/Other Authority: ORS 536.025; 536.027; 536.750 Statutes/Other Implemented: ORS 536.750 History: WRD 2-2018, temporary suspend filed 04/17/2018, effective 04/17/2018 through 10/13/2018 WRD 2-2014, f. & cert. ef. 9-26-14 WRD 1-2014(Temp), f. 3-25-14, cert. ef. 4-1-14 thru 9-27-14
690-022-0025 Definitions Unless the context requires otherwise, the words and phrases used in division 22 have the following meaning: (1) “Commission” means the Oregon Water Resources Commission. (2) “Department” means the Oregon Water Resources Department. (3) “Human Consumption” means the use of water for the purposes of drinking, cooking, and sanitation. (4) “Stock Watering” means the use of water for consumption by domesticated animals and wild animals held in captivity as pets or for profit. Statutory/Other Authority: ORS 536.025; 536.027; 536.750 Statutes/Other Implemented: ORS 536.750 History: WRD 2-2018, temporary suspend filed 04/17/2018, effective 04/17/2018 through 10/13/2018 WRD 2-2014, f. & cert. ef. 9-26-14 WRD 1-2014(Temp), f. 3-25-14, cert. ef. 4-1-14 thru 9-27-14
690-022-0030 Applicability and Preference During the effective period of a drought declaration under ORS 536.740 in Klamath County, and notwithstanding any provision of law to the contrary, the Commission grants a temporary preference for human consumption and/or stock watering as follows: (1) The preference described in these rules applies only to the diversion or use of water within Klamath County. (2) Uses of water for human consumption and stock watering, to the extent authorized under a water right certificate, permit, decree, or findings of fact and order of determination issued in an adjudication subject to ORS Chapter 539, are granted a preference over all other water uses regardless of the priority date of the water right for stock watering or human consumption. (3) The Department will regulate water rights in Klamath County in accordance with the preference for water rights for human consumption and stock watering use as provided in subsection (2) of this section. (4) Water right holders exercising the human consumption or stock water preferences established in this rule shall assure curtailment of water uses unrelated to the preference. (5) This preference does not authorize a water right holder exercising the preference to make a call for water. (6) The option for a water right holder to exercise the preference only applies to a water right holder being regulated by the watermaster in order to satisfy a senior water right. Statutory/Other Authority: ORS 536.025; 536.027; 536.750 Statutes/Other Implemented: ORS 536.750 History: WRD 2-2018, temporary suspend filed 04/17/2018, effective 04/17/2018 through 10/13/2018 WRD 2-2014, f. & cert. ef. 9-26-14 WRD 1-2014(Temp), f. 3-25-14, cert. ef. 4-1-14 thru 9-27-14
690-025-0020 Definitions Notwithstanding OAR 690-008-001, the following definitions apply to OAR 690-0025-0020 to OAR 690-0025-0040, unless the context requires otherwise: (1) “Determined claim” means a claim for surface water as provided in the Amended and Corrected Findings of Fact and Order of Determination issued on February 28, 2014, and subject to regulation pursuant to ORS 539.170. (2) “Existing rights of record” means authorized groundwater uses, determined claims, groundwater registrations, and surface water rights. (3) “Groundwater registration” means an unadjudicated claim to use groundwater as provided in ORS 537.605 that is registered with the Oregon Water Resources Department. (4) “Groundwater reservoir” or “aquifer” means a body of groundwater having boundaries which may be ascertained or reasonably inferred that yields quantities of water to wells or surface water sufficient for appropriation under an existing right of record. (5) “Groundwater use authorization” means use of water authorized by a permit, certificate or groundwater registration. (6) “Hydraulically connected” means water can move between or among groundwater reservoirs and surface water. (7) “Upper Klamath Basin” means the area above and around Upper Klamath Lake that encompasses all water sources that are tributary to Upper Klamath Lake, including groundwater, the Wood River, Williamson River and Sprague River and their tributaries and the Klamath Marsh and its tributaries. (8) “Surface water right” means certificated and permitted water rights, and determined claims, the source of which is surface water, including springs, streams, and rivers. (9) “Well” or “wells” means a well as defined in ORS 537.515(9) that is located in the Upper Klamath Basin and is used to beneficially withdraw water for authorized groundwater uses including domestic, stock, irrigation, industrial, municipal, and aquifer storage and recovery uses. Statutory/Other Authority: ORS 536.027 & ORS 537.525 Statutes/Other Implemented: ORS 539.170, ORS 540.045 & ORS 537.525 History: WRD 3-2019, adopt filed 04/16/2019, effective 04/16/2019
690-025-0025 Distribution of Water between Existing Rights of Record (1) Whenever there is impairment of, or interference with, existing water rights to appropriate surface water the Oregon Water Resources Department may regulate the distribution of water among the various users of water from any natural surface or groundwater reservoir in accordance with the users’ existing rights of record as authorized by ORS 537.525, ORS 539.170 and ORS 540.045. (2) These rules, OAR 690-0025-0020 to OAR 690-0025-0040, govern the control of wells in the Upper Klamath Basin that produce from a groundwater reservoir that is hydraulically connected to surface water and subject to regulation in the course of distribution of water in accordance with the users’ existing rights of record. (3) These rules operate in lieu of OAR Chapter 690, Division 09, and in conjunction with OAR Chapter 690, Division 250, except that these rules govern distribution of groundwater and surface water in the Upper Klamath Basin in lieu of OAR 690-250-0120(2). Statutory/Other Authority: ORS 536.027 & ORS 537.525 Statutes/Other Implemented: ORS 539.170, ORS 540.045 & ORS 537.525 History: WRD 3-2019, adopt filed 04/16/2019, effective 04/16/2019
690-025-0040 Regulation of Hydraulically Connected Wells (1) In the Upper Klamath Basin, a joint study of groundwater hydrology by the Department and the U.S. Geological Survey has established that groundwater and surface water are hydraulically connected. (2) Based on the data and results of the joint groundwater hydrology study, wells that withdraw groundwater in the Upper Klamath Basin reduce groundwater discharge and surface water flow. (3) The determinations in subsections (1) and (2) are based on the best available information, including but not limited to, water well reports, basin and hydrologic studies, topographic maps, hydrogeologic reports, groundwater and surface water elevation data, groundwater flow models, model simulation results for the Upper Klamath Basin, and any other information that is used in the course of applying generally accepted hydrogeologic methodologies. (4) The Department has determined that regulating permitted wells that are located a horizontal distance equal to or less than 500 feet from a source of surface water rights will result in relief to surface water rights within the current season of use. (5) Before regulating an authorized groundwater use pursuant to subsection (4), the Department shall determine the horizontal distance between each well and the source or sources of surface water rights. (6) The Department may regulate wells that are located a horizontal distance equal to or less than 500 feet from a source of surface water rights whenever a valid call for surface water is made and the Department is regulating in accordance with the users’ existing rights of record. Under this rule, the Department will not regulate wells located a horizontal distance greater than 500 feet from a source of surface water. (7) Groundwater regulation in the Upper Klamath Basin before March 1, 2021, will occur pursuant to OAR 690-0025-0020 to OAR 690-0025-0040. After March 1, 2021, OAR 690-0025-0020 to OAR 690-0025-0040 will no longer be in effect and groundwater regulation in the Upper Klamath Basin will occur under OAR 690-009, unless the Commission adopts new rules prior to March 1, 2021, governing groundwater regulation for senior surface water rights in the Upper Klamath Basin. (8) Notwithstanding present conformance of these rules with ORS 537.780(2)(a), these rules do not establish a precedent that precludes different or additional determinations of what wells may be regulated so as to provide relief to surface water rights within the current season of use consistent with the authorities of the Water Resources Commission. Statutory/Other Authority: ORS 536.027 & ORS 537.525 Statutes/Other Implemented: ORS 539.170, ORS 540.045 & ORS 537.525 History: WRD 3-2019, adopt filed 04/16/2019, effective 04/16/2019
690-028-0005 Purpose These rules provide for the filing of registration statements for pre-1909 uses of water in areas not yet adjudicated, and federal and Indian reserved rights. They explain the process by which the Director will make determinations on surface water registrations, federal reserved water rights, and spring registrations. These rules also explain the adjudication process for making final determinations of the water rights. Statutory/Other Authority: ORS 539 History: WRD 10-1990, f. & cert. ef. 7-20-90 WRD 22-1988, f. & cert. ef. 12-14-88
690-028-0015 Notice of Need to Register Claims In addition to publishing notice as required by ORS 539.230(2), the Director shall provide notice of the need to register all claims to undetermined vested water rights and federal reserved rights by: (1) Holding public meetings within the county/counties in which the stream or river system to be adjudicated is located. (2) Publishing announcements in applicable trade or organization newsletters. (3) Submitting public service announcements on local radio stations. (4) Submitting of notice for posting in appropriate post offices. (5) Informing the following: (a) State watermasters; (b) County extension agents; (c) Soil and water conservation districts; (d) County livestock association; (e) County wheat league; (f) County historical society; (g) County dairymen’s association; (h) Affected Indian tribes and government agencies; (i) County courts and county commissioners; and (j) Certified water right examiners. Statutory/Other Authority: ORS 539 History: WRD 10-1990, f. & cert. ef. 7-20-90 WRD 22-1988, f. & cert. ef. 12-14-88
690-028-0020 Previously Adjudicated Streams (1) In an area where a general stream adjudication has been completed only claimants for federal reserved rights, or persons claiming a right to the use of spring waters which originally stayed all on one property, or persons who were not or whose predecessors were not served notice of the original adjudication may file a registration statement of claim under these rules. (2) A registration statement for a federal reserved right in an area where a general stream adjudication has been completed shall be indorsed with the date of receipt. The registration shall not be affirmed until the status of the filing has been determined with respect to the original and any supplemental decrees. (3) A person having an undetermined vested water right in an area where a general stream adjudication has been completed may file a petition for a supplemental adjudication with the court where the original decree was entered if the person documents the owner of the land was not given required notice at the time of initiation of the original proceeding. Statutory/Other Authority: ORS 539 History: WRD 10-1990, f. & cert. ef. 7-20-90 WRD 22-1988, f. & cert. ef. 12-14-88
690-028-0026 Filings for Practicably Irrigable Acreage (1) Any Indian or Indian tribe claiming a right for practicably irrigable acreage shall, in addition to OAR 690-028-0025, establish that the land for which the right is claimed is arable. The claimant must show that it is technically and economically possible to develop an irrigation system to serve the land. Factors that shall be considered include but are not limited to: (a) Source and availability of water; (b) Soils type and classification; (c) Slope of the land; (d) Elevation above sea level; (e) Growing season (degree days); (f) Natural precipitation; (g) Crop types that could be grown; (h) Description of the proposed irrigation system; and (i) Estimated costs of developing the irrigation system. (2) A claimant for practicably irrigable acreage shall identify and map all acres that are or are proposed to be irrigated. The claimant shall show existing points of diversion or storage reservoirs, as appropriate. (3) A claimant shall document through a chain of title statement that the lands have never had more than five consecutive years of non-Indian ownership since the date of the reservation. Statutory/Other Authority: ORS 539 History: WRD 10-1990, f. & cert. ef. 7-20-90
690-028-0027 Filings for Federal Reserved Instream Water Rights (1) Any Indian tribe or federal agency claiming an instream federal reserved right shall provide the information in OAR 690-028-0025(3) and (5) for each stream reach for which a right is being claimed. A separate registration form shall be filed for each stream reach in which an instream reserved right is being claimed. Each stream reach or lake shall be identified on a Department basin map. The upstream and downstream locations of the reach shall be identified according to the public lands survey system. The purpose or purposes of the instream flow shall be given. If applicable, the species of fish or wildlife to be supported must be identified. Flows requested shall be specified by month in cubic feet per second, elevation of lake surface, or other measurable units as appropriate. (2) A claimant shall provide supporting documentation of the methods used to estimate water quantities needed to satisfy the purpose or purposes of the reservation. Accepted methodologies for determining habitat needs include, but are not limited to: (a) Instream Flow Incremental Methodology habitat suitability curves published in a series of technical reports by the U.S. Fish and Wildlife Service; (b) The Oregon Method developed by the Oregon State Game Commission (Thompson, K.E., 1972, determining streamflows for fish life, pp. 31–50, in Proceedings of the Instream Flow Requirement Workshops, Pacific N.W. River Basins Commission, Portland, OR); (c) Forest Service Method developed by the Pacific Northwest Region USDA Forest Service, (Swank, G.W. and Phillips, R.W. 1976, Instream Flow Methodology for the Forest Service in the Pacific Northwest Region, pp. 334–343, in Proceedings of Symposium and Special Conference on Instream Flow Needs, Orsborn, J.F. and O.H. Allman, eds. Vol. II, American Fisheries Society, Bethesda, MD); and (d) Environmental Basin Investigation Reports conducted by the Oregon State Game Commission between the mid-1960s and the mid-1970s. (3) The claimant may propose for the Department’s consideration: (a) A means and location for measuring the instream water right; (b) A strategy and responsibility for monitoring flows for the instream right; and (c) Any provisions needed for managing the water right to protect the reserved claim. Statutory/Other Authority: ORS 539 History: WRD 10-1990, f. & cert. ef. 7-20-90