justicedao/ipfs_state_laws huggingface dataset:
690-003-0200 Certification of Copies of Records Certification of both hard copies and electronic copies of records will be provided for the fee identified in ORS 536.050. The Department will certify only that on the date copied, the copy was a true and correct copy of the original record. The Department cannot certify as to any subsequent changes or manipulation of the record. Statutory/Other Authority: ORS 192.430, 536.025 & 536.027 Statutes/Other Implemented: ORS 192.440 & 536.480 History: WRD 6-2006, f. & cert. ef. 10-6-06
690-003-0220 Fee Waivers and Reductions (1) There will be no charge for one copy of a public record: (a) When the material requested is currently being distributed as part of the public participation process such as a news release or public notice of a meeting; or (b) When the material requested has been distributed through mass mailing and is readily available to the Department at the time of request. (2) There may be no charge for Department responses to public records requests made by a local, state, or federal governmental entity or a representative of a governmental entity acting in a public function or capacity unless any of the following factors apply: (a) Fulfilling the request will cause financial hardship on the Department; (b) The time or expense will interfere with the Department's regular business; (c) The Department determines the volume of the public records requested is excessive; or (d) The public records request will require the Department to segregate exempt from non-exempt public records. (3) The Department may grant a request for a waiver or reduction of public records review or reproduction charges in some circumstances. A person making a public records request may submit a written request for a waiver or reduction of the charges. The request must demonstrate that the public records request is in the public interest because making the public record available primarily benefits the general public. (a) If the Department finds the request satisfies the public interest test, it will determine whether to deny or grant the fee waiver or reduction, either in whole or in part. (b) If the Department denies a request for a fee waiver or reduction, the requestor may petition the Attorney General or district attorney under the process provided under ORS 192.410 to 192.505. Statutory/Other Authority: ORS 192.430, 536.025 & 536.027 Statutes/Other Implemented: ORS 192.440 & 536.480 History: WRD 6-2006, f. & cert. ef. 10-6-06
690-003-0240 Exempt Public Records All records prepared, owned, used or retained by the Department are public records subject to disclosure unless exempt from disclosure under ORS Chapter 192 or other applicable law. If the Department determines that all or part of a requested public record is exempt from disclosure, the Department will notify the requestor in writing and will state the reasons why the Department considers the public record exempt from disclosure. Statutory/Other Authority: ORS 192.430, 536.025 & 536.027 Statutes/Other Implemented: ORS 192.445 - 192.502 History: WRD 6-2006, f. & cert. ef. 10-6-06
690-005-0010 Purpose As required by ORS 197.180, this rule establishes policies and procedures for: assuring agency compliance with statewide planning goals; assuring compatibility with local comprehensive land use plans; coordinating with local, state, and federal governments and special districts in land use matters; and resolving land use disputes. Statutory/Other Authority: ORS 197 & 536 Statutes/Other Implemented: ORS 197 & 536 History: WRD 12-1990, f. & cert. ef. 8-8-90
690-005-0020 Policy (1) Land use and water management are integrally related. Statewide planning goals require comprehensive plans to include inventories of, and mechanisms to protect, important local water resources. State water laws require the Commission to protect the public interest in all waters of the state. Recognizing the responsibilities vested in both state and local government to manage and protect water resources, the Commission places a high priority on complying with statewide planning goals and achieving compatibility with local comprehensive plans. (2) In any action pursuant to a program identified in OAR 690-005-0025, the Commission and Department shall comply with the goals and be compatible with local comprehensive plans to the greatest extent possible, as required by and consistent with the full range of statutes governing land use and water management and as set forth in OAR 690-005-0030 (Compliance with Statewide Planning Goals) and 690-005-0035 (Compatibility with Acknowledged Comprehensive Plans). Statutory/Other Authority: ORS 197 & 536 Statutes/Other Implemented: ORS 197 & 536 History: WRD 12-1990, f. & cert. ef. 8-8-90
690-005-0025 Applicability The provisions of OAR 690-005-0010 through 690-005-0060 apply to actions taken by the Department pursuant to the following land use programs: (1) Applications and Permits (OAR 690, divisions 310–340). (2) Appropriation and Use of Water for Hydroelectric Power Projects (OAR 690, division 51). (3) Water Right Transfers (OAR 690, division 15) except for those: (a) Where existing and proposed water uses would be located entirely within lands zoned for exclusive farm use as provided in ORS 215.203 or within irrigation districts; (b) Which involve changes in place of use only; (c) Which do not involve the placement or modification of structures including but not limited to water diversion, impoundment, or distribution facilities, water wells, and well houses; and (d) Which involve irrigation water uses only. (4) Water Exchanges. (5) Applications for Uses in Addition to Classified Use (division 82). (6) Use of Conserved Water (division 18). (7) Instream Water Rights and Reservations of Water for Economic Development (OAR 690, division 77). (8) Review of Applications for Minimum Perennial Streamflows (OAR 690, division 76). (9) Initiation of Proceedings for Determination of a Critical Ground Water Area (OAR 690, division 10. (10) Withdrawal of Water from Further Appropriation. (11) Statewide Policy Formulation. (12) Basin Planning. (13) Payment for Public Benefits in Water Projects (OAR 690, division 100). (14) Water Development Loan Fund (OAR 690, division 90). (15) Scenic Waterway Coordination. (16) Any future Department program or activity which may reasonably be expected to significantly affect land use as prescribed by ORS 197.180, OAR chapter 660, divisions 30 and 31, and OAR 690, division 5. Statutory/Other Authority: ORS 197 & 536 Statutes/Other Implemented: ORS 197 & 536 History: WRD 12-1990, f. & cert. ef. 8-8-90
690-005-0030 Compliance with Statewide Planning Goals (1) All Commission and Department actions pursuant to a program identified in OAR 690-005-0025 shall comply with the statewide planning goals. (2) Except as provided in section (3) of this rule, the Commission and Department shall comply with the statewide planning goals by taking actions which are compatible with acknowledged comprehensive plans, as required by OAR 660-030-0065(3) and provided in 690-005-0035 (Compatibility with Acknowledged Comprehensive Plans). (3) The Commission and Department shall achieve goal compliance directly by satisfying the requirements of section (4) of this rule and by adopting written findings as provided in OAR 690-005-0040(4)(c), when one or more of the following situations, or other situations identified in 660-030-0065(3), exists: (a) An acknowledged comprehensive plan does not contain: (A) Requirements or conditions specifically applicable to a Commission or Department action; or (B) General provisions, purposes, or objectives which would be substantially affected by the action. (b) The Commission or Department takes an action that is not compatible with an acknowledged comprehensive plan after implementing all applicable measures described in OAR 690-005-0035 (Compatibility with Acknowledged Comprehensive Plans). (4) Prior to taking action pursuant to subsection (3)(a) of this rule, the Commission or Department shall notify the planning department of the affected local government: (a) That, in the Department’s assessment, the acknowledged comprehensive plan does not contain: (A) Requirements or conditions specifically applicable to a Commission or Department action; or (B) General provisions, purposes, or objectives which would be substantially affected by the action. (b) That the Department intends to achieve goal compliance directly, not through compatibility with the applicable comprehensive plan; and (c) That the planning department shall have 30 days to respond to the notification with a request to initiate dispute resolution procedures as described in OAR 690-005-0040. Statutory/Other Authority: ORS 197 & 536 Statutes/Other Implemented: ORS 197 & 536 History: WRD 12-1990, f. & cert. ef. 8-8-90
690-005-0045 Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans The Department has fulfilled its goal compliance and comprehensive plan compatibility obligations required by ORS 197.180 when it has: (1) Applied the provisions of OAR 690-005-0035 (Compatibility with Acknowledged Comprehensive Plans). (2) Applied provisions of rules identified or pertaining to programs listed in OAR 690-005-0025. (3) Followed compatibility procedures in its Land Use Planning Procedures Guide. (4) Taken action to comply directly with statewide planning goals, as necessary and as prescribed in OAR 690-005-0030. (5) Followed the dispute resolution procedures of OAR 690-005-0040, if necessary. Statutory/Other Authority: ORS 197 & 536 Statutes/Other Implemented: ORS 197 & 536 History: WRD 12-1990, f. & cert. ef. 8-8-90
690-005-0055 Land Use Program Coordination with State and Federal Agencies and Special Districts (1) The Department shall coordinate activities related to the programs identified in OAR 690-005-0025 with affected state and federal agencies and affected special districts by taking actions described in its Land Use Planning Procedures Guide. (2) Beginning July 1, 1991, the Director shall transmit a report each biennium to the Water Resources Commission and the Director of the Department of Land Conservation and Development which includes: (a) An assessment of the effectiveness of the Departments state agency coordination program during the preceding biennium; (b) Recommendations for changes in Water Resources Department or Department of Land Conservation and Development rules and procedures to improve coordination between agencies and local governments; (c) The status of any tasks identified for implementation in the certified state agency coordination program; or (d) Discussion of any other subject relating to water resource management and land use. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 197 & 536 Statutes/Other Implemented: ORS 197 & 536 History: WRD 12-1990, f. & cert. ef. 8-8-90
690-005-0060 Cooperation With and Technical Assistance to Local Governments (1) The Commission and Department place a high priority on cooperating with and providing technical assistance to local governments. (2) Cooperation with local governments shall include: (a) Informing planning departments or Department activities and local water resources issues; (b) Participating in periodic review; (c) Reviewing or pursuing comprehensive plan amendments; and (d) Reviewing project proposals. (3) Technical assistance shall include: (a) Providing existing water resources data and studies; (b) Assisting local governments in interpreting water resources data and studies; and (c) Responding to questions, or undertaking research or monitoring projects, as requested by planning departments, as Department resources allow. (4) Cooperation with and technical assistance to local governments and planning departments pursuant to sections (2) and (3) of this rule shall be guided and supplemented by procedures described in the Department’s Land Use Planning Procedures Guide. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 197 & 536 Statutes/Other Implemented: ORS 197 & 536 History: WRD 12-1990, f. & cert. ef. 8-8-90
690-009-0010 Basis for Regulatory Authority, Purpose, and Applicability (1) The right to reasonable control of the groundwater of the State of Oregon has been declared to belong to the public. Through the provisions of the Ground Water Act of 1955, ORS 537.505 to 537.795, the Water Resources Commission has been charged with administration of the rights of appropriation and use of the groundwater resources of the state. (2) Except for exempt uses under ORS 537.545, these rules apply to all wells as defined in ORS 537.515 (9). (3) Rule 690-009-0040 applies to proposed groundwater uses and the determination of the Potential for Substantial Interference for water availability under OAR 690-300-0010(57). (4) Rules 690-009-0050 and 690-009-0060 apply to groundwater controls. Solely for the purpose of applying OAR 690-009-0050 to control or regulate groundwater rights in Hydraulic Connection with surface water, determination of the Potential for Substantial Interference with a surface water source shall apply the version of OAR 690-009-0040 that became effective on November 4, 1988. The November 4, 1988 version of OAR 690-009-0040 is readopted as OAR 690-009-0060. (5) The authority under these rules may be superseded by a basin program rule adopted by the Water Resources Commission. Statutory/Other Authority: ORS 537 & ORS 536.027 Statutes/Other Implemented: ORS 537 History: WRD 5-2024, amend filed 09/17/2024, effective 09/17/2024 WRD 17-1988, f. & cert. ef. 11-4-88
690-009-0020 Definitions (1) “Confined Aquifer” means an aquifer in which groundwater is under sufficient hydrostatic head to rise above the bottom of the overlying confining bed, whether or not the water rises above land surface. (2) “Confining Bed” means a layer of low permeability material immediately overlying a confined aquifer. (3) “Department” means the Water Resources Department, its Director, and all personnel employed by the Department. (4) “Hydraulic Connection” means saturated conditions exist allowing water to move between two or more sources of water, either between groundwater and surface water or between groundwater sources. (5) “Potential for Substantial Interference,” or “PSI,” means a groundwater use will cause Streamflow Depletion based on the assessments described in OAR 690-009-0040 for Proposed Groundwater Use or OAR 690-009-0060 for groundwater controls. (6) “Proposed Groundwater Use” means an application to appropriate groundwater pursuant to ORS 536.750, ORS 537.143, or ORS 537.615 that is under consideration with the Department. (7) “Streamflow Depletion” means a reduction in the flow of a surface water source due to pumping a hydraulically connected groundwater source. Streamflow Depletion encompasses: (a) captured groundwater that would otherwise discharge to a surface water source; or (b) induced infiltration from a surface water source to the hydraulically connected groundwater source. (8) “Unconfined Aquifer” means an aquifer in which the hydrostatic head at the upper surface of the groundwater is atmospheric. Statutory/Other Authority: ORS 537 & ORS 536.027 Statutes/Other Implemented: ORS 537 History: WRD 5-2024, amend filed 09/17/2024, effective 09/17/2024 WRD 17-1988, f. & cert. ef. 11-4-88
690-009-0040 Proposed Groundwater Use: Determination of Hydraulic Connection and Potential for Substantial Interference (1) When evaluating a Proposed Groundwater Use, Hydraulic Connection and the Potential for Substantial Interference with a surface water source shall be determined by the Department according to these rules. These determinations shall be based upon the application of generally accepted hydrogeologic principles using best available information concerning the hydrologic system of interest and the well(s) under consideration. (a) Appropriate information that is provided in the application or in the public comment period for the application shall be considered in the process of making these determinations. (b) Best available information may include, but is not limited to, pertinent water well reports, aquifer test analyses, hydrologic and geologic studies and reports, groundwater and surface water elevation data, available numerical and analytical groundwater flow models, and any other information that is used in applying generally accepted hydrogeologic principals and methodologies. (2) A determination of Hydraulic Connection is a prerequisite for a determination of the Potential for Substantial Interference. (3) A determination of the Potential for Substantial Interference with a surface water source shall at a minimum include application of the generally accepted hydrogeological principles described in “Streamflow Depletion by Wells – Understanding and Managing the Effects of Groundwater Pumping on Streamflow” by P. M. Barlow and S. A. Leake, 2012. (4) The Potential for Substantial Interference with a surface water source exists if the well(s) under consideration will, over the full term of the proposed or authorized groundwater use, obtain water from Streamflow Depletion. [NOTE: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 537 & ORS 536.027 Statutes/Other Implemented: ORS 537 History: WRD 5-2024, amend filed 09/17/2024, effective 09/17/2024 WRD 17-1988, f. & cert. ef. 11-4-88
690-009-0050 Groundwater Controls (1) The Department shall review existing groundwater appropriations to determine the potential to cause substantial interference with a surface water source on a case-by-case basis, in accordance with OAR 690-009-0060, whenever substantial interference with a surface water source is suspected to exist by the Department. (2) Whenever the Department determines that substantial interference with a surface water supply exists, the Department shall control those groundwater appropriations that have been determined under section (1) of this rule to have the potential to cause substantial interference. The controls shall be similar to or compatible with, but not more restrictive than controls on the affected surface water source, in accordance with the relative dates of priorities of the groundwater and surface water appropriations: (a) Prior to controlling the use of any well greater than 500 feet from a surface water source, the Department shall determine whether any control would provide relief to the surface water supply in an effective and timely manner. The Department shall make the determination on the basis of the best available information, employing at least one of the methods set forth in OAR 690-009-0060(4)(d); (b) The Department shall control the use of wells greater than one mile from a surface water source only through a critical ground water area determination in accordance with ORS 537.730 through 537.740. Statutory/Other Authority: ORS 537 & ORS 536.027 Statutes/Other Implemented: ORS 537 History: WRD 5-2024, amend filed 09/17/2024, effective 09/17/2024 WRD 17-1988, f. & cert. ef. 11-4-88
690-010-0100 Purpose The purpose of these rules is to guide implementation of the critical ground water area statutes, ORS 537.730 to 537.742. Statutory/Other Authority: ORS 536.027 & ORS 537.780 Statutes/Other Implemented: ORS 537.730 - ORS 537.742 & ORS 537.780 History: WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023
690-010-0110 Definitions In addition to the definitions in OAR 690-008-0001, the following definitions apply to critical groundwater area designations conducted pursuant to ORS 537.730 to 537.742 and these rules, unless the context requires otherwise: (1) “Affected local government” means any city, county, or metropolitan service district formed under ORS Chapter 268 or an association of local governments performing land use planning functions under ORS 195.025 located within the boundaries of the proposed critical groundwater area. (2) “Department” means the Water Resources Department. (3) “Director” means the Water Resources Director. (4) “Commission” means the Water Resources Commission. (5) “Groundwater right” means a permit, certificate, decree, or certificate of groundwater registration as provided in ORS 537.610 authorizing the appropriation and use of groundwater. (6) “Groundwater reservoir” means a designated body of standing or moving groundwater having exterior boundaries which may be ascertained or reasonably inferred as provided in OAR 690-010-0130. (7) “Person” means individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, public and private municipal corporations, political subdivisions, the state, and any agencies thereof, the federal government and any agencies thereof and federally recognized Indian tribes. (8) “Exempt User” means any person who exercises the right to use groundwater pursuant to the exemption in ORS 537.545. (9) “Determined claim” means a water right in the Klamath Basin determined and established in an order of determination certified by the Water Resources Director under ORS 539.130. Statutory/Other Authority: ORS 536.027 & ORS 537.780 Statutes/Other Implemented: ORS 537.730-537.742, ORS 537.780, ORS 537.525, ORS 536 - 537 & ORS 539.130 History: WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023
690-010-0120 Required Criteria for Designation of Critical Ground Water Area (1) The Commission may adopt rules to designate an area of the state a critical groundwater area if any of the requirements under ORS 537.730(1)(a)–(g) are met. These requirements are: (a) Groundwater levels in the area in question are declining or have declined excessively; (b) The Water Resources Department finds a pattern of substantial interference between wells within the area in question; (c) The department finds a pattern of interference or potential interference between wells of groundwater claimants or appropriators within the area in question with the production of geothermal resources from an area regulated under ORS chapter 522; (d) The department finds a pattern of substantial interference between wells within the area in question and: (A) An appropriator of surface water whose water right has an earlier priority date; or (B) A restriction imposed on surface water appropriation or a minimum perennial streamflow that has an effective date earlier than the priority date of the groundwater appropriation (e) The available groundwater supply in the area in question is being or is about to be overdrawn; (f) The purity of the groundwater in the area in question has been or reasonably may be expected to become polluted to an extent contrary to the public welfare, health and safety; or (g) Groundwater temperatures in the area in question are expected to be, are being or have been substantially altered except as specified in ORS 537.796. (2) For the purposes of ORS 537.730(1)(d)(A), a surface water right with an earlier priority date means a certificated or permitted water right including instream water rights and inchoate transfers, a determined claim, or a right evidenced by court decree, the source of which is surface water, including springs, streams, lakes, reservoirs, rivers and a “surface water diversion” as provided in OAR 690-008-0001(4)(A). (3) For purposes of the determination under ORS 537.730(1)(d)(B), ‘restrictions imposed on surface water appropriations’ include but are not limited to, scenic waterways and other types of legally protected surface water flows. Statutory/Other Authority: ORS 536.027 & ORS 537.780 Statutes/Other Implemented: ORS 537.730-537.742, ORS 537.780, ORS 390.835, ORS 536-537 & ORS 537.525 History: WRD 2-2024, minor correction filed 02/23/2024, effective 02/23/2024 WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023