justicedao/ipfs_state_laws huggingface dataset:
690-010-0140 Land Use Planning Coordination with Affected Local Government (1) Prior to convening a Rules Advisory Committee under ORS 183.333, the Department shall initiate coordination with affected local governments pursuant to the applicable provisions under ORS Chapter 197 (State Agency Planning Responsibilities), OAR Chapter 690, Division 005 (Compliance With Statewide Planning Goals, Compatibility With Comprehensive Plans, And Coordination On Land Use Matters), and these rules. (2) To facilitate coordination as described in the State Agency Coordination Program, the Department shall provide a copy of the draft report that will be posted on the Department’s website under OAR 690-010-0130(4)(c)(B). Statutory/Other Authority: ORS 537.780 Statutes/Other Implemented: ORS 536.027, ORSA 537.730 - 537.742, ORS 537.525, ORS 537.780, ORS 183, ORS 536-537 & ORS 197 History: WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023
690-010-0150 Engagement with Federally Recognized Indian Tribes (1) Prior to convening the Rules Advisory Committee under ORS 183.333, the Department shall initiate engagement with any federally recognized Indian tribes with reservation lands within the proposed critical groundwater area boundary and with any federally recognized Indian tribes in Oregon who have expressed an interest in the proposed critical groundwater area. (2) To aid with the engagement the Department will provide a copy of the draft report that will be posted on the Department’s website under OAR 690-010-0130(4)(c)(B) . Statutory/Other Authority: ORS 536.027 & ORS 537.780 Statutes/Other Implemented: ORS 537.780, ORS 537.730 -537.742, ORS 537.525, ORS 183 & ORS 536-537 History: WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023
690-010-0200 Scope of Contested Case Hearing (1) A contested case hearing shall be conducted to establish one or more of the corrective control provisions in ORS 537.742 that limits use of groundwater in the critical groundwater area as provided in the Notice of Proposed Corrective Control Orders. (2) Except as otherwise provided in ORS 183.417(8) the Director shall create a list of issues to be heard in the contested case and shall refer that list to the Office of Administrative Hearings at the time the Notice of Proposed Corrective Control Orders is referred: (a) The list of issues shall include those issues raised in a timely-filed Notice of Party Status with the information provided in 690-010-190(2)(d)(A) - (D) though issues may be categorized or summarized as furthers efficient administration of the contested case; (b) Parties to the contested case may seek amendment or clarification of the list of issues consistent with the provisions of OAR 137-003-0630. Statutory/Other Authority: ORS 536.027 & ORS 537.780 Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742, ORS 537.525, ORS 183 & ORS 536-537 History: WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023
690-010-0210 Conduct of Contested Case (1) The conduct of the contested case regarding the Notice of Proposed Corrective Control Orders shall be governed by OAR 137-003-0501 to 137-003-0700 except as otherwise provided in these rules. (2) The Department shall refer the contested case to the Office of Administrative Hearings as provided in OAR 137-003-0515. (3) The Department shall post on its webpage the information contained in its referral to the Office of Administrative Hearings and may also post maps, reports or any other information that supports or otherwise is relevant to the Notice of Proposed Corrective Control Orders including links to information referred to in the Notice of Proposed Corrective Control Orders. (4) Discovery against the Department is only as provided in OAR 137-003-0566(1)(a)-(c). Pursuant to OAR 137-003-0566(2), the Department finds that availability of other discovery methods would unduly complicate or interfere with the hearing process, because of the large number of parties and extensive scope of the hearing, and the need for speed and informality in that process, and that alternative procedures for the sharing of relevant information (including the availability of the information posted as provided in subsection (3) and the availability of public records requests pursuant to Oregon’s Public Records Law), are sufficient to ensure the fundamental fairness of the proceedings (5) Service and filing of documents in the contested case hearing may be by electronic means only as directed and allowed by the Administrative Law Judge. Statutory/Other Authority: ORS 536.027 & ORS 537.780 Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742, ORS 537.525, ORS 183 & ORS 536-537 History: WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023
690-010-0220 Exceptions to Proposed Order (1) Exceptions to the Proposed Order issued by the Administrative Law Judge after a contested case hearing must be filed with the Department in its Salem office within 60 days following the date of service of the Proposed Order. Parties must mail or hand-deliver a hard copy of their exceptions to the Department at its Salem offices and must also email an electronic copy to all the email addresses listed on the Certificate of Service. (2) The Commission must consider timely-filed exceptions but need not individually address each exception in any final order issued. The Commission may form a subcommittee of Commission members to review the exceptions and may provide a report to the Commission prior to the Commission issuing a final order. Statutory/Other Authority: ORS 536.027 & ORS 537.780 Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742, ORS 537.525, ORS 183 & ORS 536-537 History: WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023
690-010-0230 Final Order in Contested Case (1) Upon conclusion of the contested case hearing, including the consideration of exceptions filed against a proposed order issued by the administrative law judge, the Commission shall issue a final order in contested case. (2) If, after consideration of the contested case record, the Commission finds that the factors that resulted in the designation of a critical groundwater area under ORS 537.730 can be resolved by implementing one or more of the corrective control measures specified in the Notice of Proposed Corrective Control Orders, the Commission shall issue a final order establishing one or more of the proposed corrective control provisions provided in ORS 537.742. (3) Final orders in contested case must be consistent with ORS 183.650 and OAR 137-003-0665 and directed to the named parties in the contested case proceeding. (4) Final orders in default issued to a party in the contested case hearing must be consistent with OAR 137-003-0670. (5) If no person or state agency files a timely Notice of Party Status, Petition for Party Status, or state agency request for party status, the Commission shall issue a final order in default consistent with OAR 137-003-0670. (6) The Commission’s final order in contested case is appealable to the Oregon Court of Appeals pursuant to ORS 183.482 and ORS 536.075. Statutory/Other Authority: ORS 536.027 & ORS 537.780 Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742, ORS 537.525, ORS 183 & ORS 536-537 History: WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023
690-010-0240 Procedure for Making Changes to Existing Critical Groundwater Area ( 1) Where a critical groundwater area is established and described in rule only, and the Commission seeks to expand, alter or reduce the boundaries of the existing critical groundwater area, the Commission must follow the processes for establishing a new critical groundwater area as provided in ORS 537.730 – 735 and OAR 690- 010. (2) Where a critical groundwater area is established by an order or proclamation that is referenced in a basin program rule, the Commission may amend the basin program rule referencing the critical groundwater area order or proclamation so as to confirm the order’s or proclamation’s provisions governing designation of the critical groundwater area or the establishment of corrective control provisions and may alter or modify a designated critical groundwater area only as consistent with subsection (1) . Any rulemaking as provided in this subsection does not amend an order or proclamation as it directs the disposition of individual rights adjudicated in the order or proclamation. (3) Insofar as critical groundwater area rules, orders or proclamations are amended to establish new or amended critical groundwater area designations or new or amended corrective control measures, such corrective control measures may apply: (a) To those groundwater rights previously adjudicated in a critical groundwater area order or proclamation only upon completion of a contested case initiated pursuant to ORS 537.742 and ORS 183; (b) To pending groundwater applications and present groundwater rights, only upon completion of a contested case initiated pursuant to ORS 537.742 and ORS 183. Statutory/Other Authority: ORS 536.027 & ORS 537.780 Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742, ORS 537.525, ORS 183 & ORS 536-537 History: WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023
690-012-0010 Purpose These rules prescribe the definitions, standards, information requirements, and fees for processing an application proposing an out-of-basin diversion of water. The Water Resources Commission shall use these rules to evaluate the merits of applications to divert water from one basin to another. Statutory/Other Authority: ORS 537 Statutes/Other Implemented: ORS 537 History: WRD 2-1991, f. & cert. ef. 2-8-91
690-012-0020 Definitions As used in these rules, the following terms shall have the indicated meanings. (1) “Basin” means one of the river basins within this state as defined by Water Resources Department map number 0.2, dated 1987, and entitled “Oregon Drainage Basins,” unless the context requires otherwise. (2) “Basin of origin” means the basin in which surface or groundwater that is the subject of an application under ORS 537.211, 537.400, 537.620, 540.520, 543.210, or 543.290 is located. (3) “Commission” means Water Resources Commission. (4) “Department” means the Water Resources Department. (5) “Director” means Water Resources Director. (6) “Harm” means to waste or use water inefficiently, deplete water supplies to the detriment of existing right holders or public uses, overdraft groundwater supplies or degrade the quality of surface or groundwater. (7) “Historically Transported” means the exercise of a valid water right, within the last five years, in a manner that is beneficial and lawful. (8) “Out-of-Basin-Diversion Application” means either: (a) An application for a new use of water that proposes to divert water for use outside the basin of origin; or (b) An application to change the place of use of an existing right to a place outside the basin of origin. (9) “Planned Uses or Development” means a proposed use of water for which a permit has been issued or an application has been received by the Department. (10) “Regional Municipal Water Service” means regular service of water for municipal purposes in accordance with the provisions of ORS 540.510, 540.530, and ORS Chapter 450, or such water service to multiple jurisdictions through one or more providers and systems. (11) “Return Flow” means water that returns to a stream either uncontrolled or by controlled conveyance following its diversion and use from a surface or groundwater source. Statutory/Other Authority: ORS 537 Statutes/Other Implemented: ORS 537 History: WRD 2-1991, f. & cert. ef. 2-8-91
690-012-0030 General Provisions The following general provisions shall apply to out-of-basin-diversion applications: (1) These rules shall apply to all out-of-basin-diversion applications subject to ORS 537.803 proposing to divert 0.5 cubic feet per second or more of either surface water, groundwater or both. (2) Out-of-basin-diversion applications for new uses processed under these rules shall also comply with all other applicable provisions of OAR 690, division 11. (3) Out-of-basin-diversion applications to change the place of use processed under these rules shall also comply with all other applicable provisions of OAR 690, division 15. (4) No out-of-basin-diversion application subject to ORS 537.803 shall be accepted by the Department until it addresses each of the information requirements described in OAR 690-012-0040. (5) No out-of-basin-diversion application subject to ORS 537.803 shall be approved unless the Commission has reserved water to meet future needs, including economic development and public uses in the basin of origin. (6) All out-of-basin-diversion applications subject to ORS 537.803 proposing to divert 50 cfs or more shall require the consent of the Legislative Assembly. (7) All out-of-basin-diversion applications subject to ORS 537.803 shall be the subject of one or more public hearings, at least one of which shall be held in the basin of origin. (8) These rules shall not apply to applications to exchange water involving transfer of water out of the basin of origin. (9) These rules shall not apply to applications by cities to facilitate regional municipal water service if the city has historically transported water between the basin of origin and the proposed receiving basin. Statutory/Other Authority: ORS 537 Statutes/Other Implemented: ORS 537 History: WRD 2-1991, f. & cert. ef. 2-8-91
690-012-0050 Fees (1) The applicant shall bear all costs to the State of Oregon for processing an application for an out-of-basin diversion. An application for an out-of-basin diversion shall be accompanied by the following fees: (a) An examination fee of $1,500; (b) A publication of analysis fee of $1,000; and (c) A hearing fee of $1,200. (2) The Department shall maintain an accounting of all costs incurred in review of the application. The Department shall bill the applicant quarterly for all costs incurred in excess of the examination, publication and hearing fee amounts listed in section (1) of this rule. The first billing shall be made at the end of the calendar quarter in which the application is received. Additional billings shall be made at the close of each quarter thereafter until the application is approved or rejected. If the applicant fails to pay the Department within 30 days of billing, the Department shall suspend review until payment is made. If the applicant refuses to pay any billing, the Department shall halt further review and take steps to reject the application. Expenses for the following items shall be completely reimbursed by the applicant: (a) Staff time spent in review, analysis, consultation, public hearings, report preparation, and presentation to the Commission; (b) Staff and Commissioner’s travel expenses, including mileage, meals and lodging, incurred in travel to and from and conduct of public hearing(s) on the proposed application; (c) Public notice and publication expenses, including reproduction and printing costs, newspaper and other publishing fees, and postage; (d) Hearing expenses, including rental of a hearing facility, audio and visual equipment, and professional transcription fees; and (e) Such other expenses as may be incurred in the processing of the application, including the reasonable expenses of any state agency incurred for any of the items listed in subsections (a) through (d) of this section in providing services requested by the Department or Commission. Any request for services made by the Department or Commission shall be in writing and shall specify the particular service(s) being requested. (3) Time spent by state agencies in consultation with the applicant as required in OAR 690-012-0040(7)(a)(A) through (E), shall not be at the applicant’s expense. Statutory/Other Authority: ORS 537 Statutes/Other Implemented: ORS 537 History: WRD 2-1991, f. & cert. ef. 2-8-91
690-013-0005 Introduction The purpose of these rules is to establish the criteria for filing petitions to adjust the water right record to match the actual use of the water within districts. Such petitions were authorized by ORS 541.325–541.333, 536.050, and 540.520 as modified by Chapter 818, Oregon Laws 1993. This process cannot enlarge the original right or injure existing rights. The rules also define the standards for petitions and maps submitted by districts and for individual applications. Statutory/Other Authority: ORS 541.325 - 541.333 Statutes/Other Implemented: ORS 537.325 - 541.333 History: WRD 4-1994, f. & cert. ef. 3-25-94 WRD 1-1993, f. & cert. ef. 2-3-93 WRD 1-1990, f. & cert. ef. 1-11-90
690-013-0010 Definitions (1) “Altered by the Petition or Proposed Order”: A water right is altered by the petition or proposed order if its defining parameters would be changed if the petition or proposed order were approved. The defining parameters include, among others, the place of use, rate, duty, and limitations. (2) “Application” means a written request by individuals to change or transfer a water right. See the definition of “petition.” (3) “Commission” means the Water Resources Commission. (4) “Department” means the Water Resources Department. (5) “Director” means the Director of the Department. (6) “General Description” means the location of property or district by government subdivision, metes and bounds or tax lot. (7) “Interim Transfer” means a change in use or place of use of those rights eligible under OAR 690, division 13, made during the preparation of a petition, and prior to the submission of that petition to the Water Resources Department. (8) “Owned or Controlled” means ownership in fee, purchase on a land sale contract, option to purchase or lease. (9) “Perfected Water Right” means a water right confirmed by a court decree, water right certificates or transfers recognized as complete by the Department. (10) “Petition” means a written request by a district for a new water right certificate which will include changes within districts. See the definition of “application.” (11) “Transfer” means a formal change of use or place of use of a perfected water right, pursuant to OAR 690, division 15. (12) “User” means an owner of land with an appurtenant water right pursuant to current state records or proposed to be recognized as a result of a petition; and subject either previously or currently, to assessment by a district and which right would be altered by the petition and map filed by a district. Statutory/Other Authority: ORS 541.325 - 541.333 Statutes/Other Implemented: ORS 537.325 - 541.333 History: WRD 4-1994, f. & cert. ef. 3-25-94 WRD 1-1990, f. & cert. ef. 1-11-90
690-013-0030 Eligibility to Petition (1) The following types of water rights are eligible to petition: (a) A perfected water right which has been assessed by a district in at least one of the last five years. It is not necessary for the water right to be in the name of the district; (b) An approved transfer of water rights to lands which have been assessed by a district in at least one of the last five years but are not certified by the Department; and (c) A permit for supplemental supply which moves with the perfected primary right. (2) The following are not eligible to petition: (a) A permit which is a primary supply of water; and (b) A request for point of diversion change. Statutory/Other Authority: ORS 541.325 - 541.333 Statutes/Other Implemented: ORS 537.325 - 541.333 History: WRD 4-1994, f. & cert. ef. 3-25-94 WRD 1-1990, f. & cert. ef. 1-11-90
690-013-0050 Individual Applications (1) If the district fails or refuses to file a petition, an owner may file an application affecting only the owner’s land. The application shall be on the form provided by the Department. Division 15 transfer rules shall apply except that the applicant shall not be obliged to hire a Certified Water Right Examiner to prepare the application map and claim of beneficial use. Fees for those applications shall be as specified in ORS 536.050. (2) Several owners within a section quarter-quarter may file as a group. The application shall comply with division 15 rules except that the applicant shall not be obliged to hire a Certified Water Right Examiner to prepare the application map and claim of beneficial use. There are no fees required by these applications. (3) Applications under this section will adhere to the timing and verification procedures found in OAR 690-013-0300 and 690-013-0350. Statutory/Other Authority: ORS 541.325 - 541.333 Statutes/Other Implemented: ORS 537.325 - 541.333 History: WRD 4-1994, f. & cert. ef. 3-25-94 WRD 1-1990, f. & cert. ef. 1-11-90
690-013-0070 Interim Transfers Water right changes inside districts made prior to July 1, 1993, may comply with the following: (1) Where the change is to occur prior to the District submitting its petition which will include this change, the district may submit a notice to the Department. This notice requires no fee, but shall include: (a) A statement that the district intends to file a petition including this change; and (b) A completed interim transfer notice on a form provided by the Department. (2) If a more formal record of a change is desired by a user prior to the district submitting its petition, the user may submit a transfer application in compliance with division 15 rules and ORS 536.050 and 540.510 to 540.530. (3) For a change after a district has submitted its petition, a landowner must submit a transfer application in compliance with division 15 rules and ORS 536.050 and 540.510 to 540.530. Statutory/Other Authority: ORS 541.325 - 541.333 Statutes/Other Implemented: ORS 537.325 - 541.333 History: WRD 4-1994, f. & cert. ef. 3-25-94 WRD 1-1993, f. & cert. ef. 2-3-93 WRD 1-1990, f. & cert. ef. 1-11-90
690-013-0100 District Petitions The district petition shall include: (1) A listing of: (a) All of the applicable water rights on lands within the district boundaries; (b) Only the lands where water use changes have occurred. If the change involves part of a section quarter-quarter, all water rights in the quarter-quarter must be requested; or (c) A portion of the district to provide a clear record of the water rights. If a portion involves part of a section quarter-quarter, the entire quarter-quarter must be requested. Any part of the district that no longer matches the Department map or certificate should be included in the petition. (2) A listing of all completed transfers appurtenant to the lands listed. (3) A map meeting the requirements of OAR 690-013-0200. (4) A description of the land to which each water right is appurtenant, including the township, range, section, quarter-quarter and assessor's tax lot number. The water right shall be described by the number of acres within each quarter-quarter, the use and the user's name. If a tax lot covers more than one quarter-quarter, it shall be listed in each quarter-quarter. (5) A description of the district's legal boundaries. (6) A description of the type(s) of use made on each parcel listed in the petition. (7) A list containing the total number of acres: (a) Contained in the petition; (b) Assessed by the district as of July 1, 1989; and (c) Assessed by the district as of July 1, 1993. (8) A statement of whether the U.S. Secretary of the Interior must assent to inclusion of lands within the district's boundaries. If the Secretary's assent is required but has not yet been given, the petition must include a copy of the district's request for the Secretary's assent. Statutory/Other Authority: ORS 541.325 - 541.333 Statutes/Other Implemented: ORS 537.325 - 541.333 History: WRD 1-2012, f 1-31-12, cert. ef. 2-1-12 WRD 4-1994, f. & cert. ef. 3-25-94 WRD 1-1990, f. & cert. ef. 1-11-90
690-013-0110 Requests for Additional Information (1) Pursuant to ORS 541.329(6), the Director may require additional information if the Director determines it is needed to evaluate the petition. (2) If the Director returns a petition or map to a district for correction or additional information, the Director shall prescribe a reasonable deadline for the petitioner to provide additional information or correct the petition and map. If the petitioner fails to meet the deadline prescribed by the Director, the Director may deny the petition. Statutory/Other Authority: ORS 541.325 - 541.333 Statutes/Other Implemented: ORS 537.325 - 541.333 History: WRD 4-1994, f. & cert. ef. 3-25-94