justicedao/ipfs_state_laws huggingface dataset:
690-506-0070 Water Quality Control The Department shall include in any water right a condition that the use of water under the right is contingent upon continuing compliance with the conditions of any required discharge permit for water quality control held by the water right permittee. Statutory/Other Authority: ORS 536 & 537 History: Reverted to WRD 4-1987, f. & cert. ef. 5-14-87 WRD 2-1989(Temp), f. & cert. ef. 1-27-89 WRD 4-1987, f. & cert. ef. 5-14-87 WRD 2-1987, f. & cert. ef. 3-3-87 WRD 1-1987, f. & cert. ef. 2-27-87 WRD 13-1985, f. & cert. ef. 12-18-85 WRD 3-1981, f. & cert. ef. 5-21-81 WRB 27, f. 5-11-64 WRB 23, f. 7-3-63 WRB 20, f. 6-8-62
690-506-0080 Storage of Water (1) An application for a permit to store water on a stream with uses classified as conditional shall be subject to the standards and review process in OAR 690-506-0010(3). (2) The Department shall not accept an application to store or impound water within the John Day Scenic Waterway as defined in OAR 736, division 40. Statutory/Other Authority: ORS 536 & 537 History: Reverted to WRD 4-1987, f. & cert. ef. 5-14-87 WRD 2-1989(Temp), f. & cert. ef. 1-27-89 WRD 4-1987, f. & cert. ef. 5-14-87 WRD 2-1987, f. & cert. ef. 3-3-87 WRD 1-1987, f. & cert. ef. 2-27-87 WRD 13-1985, f. & cert. ef. 12-18-85 WRD 3-1981, f. & cert. ef. 5-21-81 WRB 27, f. 5-11-64 WRB 23, f. 7-3-63 WRB 20, f. 6-8-62
690-507-0010 Definitions The following meanings apply to the terms as used in these rules for the Umatilla Basin Program. Other rules of the Department may define these words differently: (1) "Classification" or "Classified" means the allowed and preferred beneficial use(s) of a given surface or groundwater source for which future appropriations of water shall be permitted. (2) "Commission" means the Water Resources Commission. (3) "Department" means the Oregon Water Resources Department. (4) "Director" means the Water Resources Director. (5) "Minimum Perennial Streamflow" or "Minimum Streamflow" means an administrative rule that establishes a flow necessary to support aquatic life, recreation or minimize pollution. The rule includes a priority date and specifies streamflow levels for all or any period of the year. It establishes priority for instream use over future appropriations and identifies flow objectives for future management in streams where shortages occur. (6) "Statutorily Exempt Groundwater Uses" means those uses for which no groundwater application, permit, or certificate is required under ORS 537.545. These uses are for: (a) Stockwatering purposes; (b) Watering any lawn or noncommercial garden not exceeding one-half acre in area; (c) Watering the grounds, three acres in size or less, or schools that have less than 100 students and that are located in cities with a population of less than 10,000; (d) Single or group domestic purpose in an amount not exceeding 15,000 gallons a day; (e) Down-hole heat exchange purposes; or (f) Any single industrial or commercial purpose in an amount not exceeding 5,000 gallons a day. (7) "Subbasin" means any subarea of a basin defined by surface drainage patterns such as the drainage basin of any tributary, or the area draining to any point on a river or draining between two points on a river. (8) "Umatilla Basin" means the area comprised by the Walla Walla River, Wildhorse Creek, Upper Umatilla River, Birch and McKay Creeks, Columbia-Umatilla Plateau, Butter Creek, and Willow Creek subbasins as shown on Water Resources Department map number 7.6. (9) "Withdrawal" or "Withdrawn" means an order of the Commission, or State Engineer or a Legislative act prohibiting all new appropriations for particular uses from a source for part or all of the year. A withdrawal can be set for a prescribed length of time or indefinitely until modified by the Commission. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 536 & 537 History: WRD 2-2017, f. & cert. ef. 5-22-17 1-1993, Renumbered from 690-080-0070 WRD 9-1990, f. & cert. ef. 6-25-90 WRD 8-1988, f. & cert. ef. 7-5-88 WRD 1-1987, f. & cert. ef. 2-27-87 WRD 1-1986, RF. & cert. ef. 2-20-86 WRD 14-1985, f. & cert. ef. 12-20-85 WRD 13, f. & cert. ef. 12-18-85 WRD 10-1985, f. & cert. ef. 9-3-85 WRD 1-1981, f. & cert. ef. 4-20-81 WRB 26, f. & cert. ef. 3-2-64
690-507-0610 Butter Creek Critical Groundwater Area (CGWA): Purpose (1) The Director issued an order on August 18, 1986 declaring the Butter Creek Critical Groundwater Area. The order described the exterior boundaries and divided the area into six subareas for the purpose of managing the ground-water resource. The response of ground-water levels to pumpage from each subarea is largely independent of pumpage within other subareas. (2) To promote optimum use of the limited groundwater supply in the Butter Creek Critical Groundwater Area, the Commission encourages development of water management plans to maintain a high standard of water use efficiency. (3) The Commission recognizes that exempt users in the North subarea are a stress on the groundwater resource in the Butter Creek Critical Groundwater Area. If, by 2000, reasonably stable water levels have not been achieved, the Department shall determine whether or not to require prior authorization under these rules for groundwater uses that are exempt under ORS 537.545. (4) The purpose of these rules is to stabilize water levels in the basalt groundwater reservoir in the Butter Creek Critical Groundwater Area of Umatilla and Morrow counties. These rules carry out the authority granted to the Commission in ORS 536.900 to 536.935 and ORS 537.505 to 537.745. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 537.535 History: WRD 2-2017, f. & cert. ef. 5-22-17 WRD 2-1999, f. & cert. ef. 3-3-99 WRD 9-1990, f. & cert. ef. 6-25-90
690-507-0620 Butter Creek CGWA: Definitions The following definitions apply to OAR Chapter 690, Division 507: (1) "Commission" means the Water Resources Commission. (2) "Department" means the Water Resources Department. (3) "Director" means the Director of the Water Resources Department. (4) "Physically capable" means that the well, pump installed, and distribution system are able to produce and distribute the quantity of water requested. (5) "Reasonably stable water level" means an annual static water level decline of less than one foot over the entire subarea as determined by averaging the annual water level change of the representative wells in the subarea, and the water level change for the subarea averaged over five consecutive years displays no decline. (6) "Sustainable annual yield" means the volume of water that can be pumped on an annual basis while maintaining reasonably stable water levels. This is a measurement of the capacity of the available source. (7) "Water user" means a person who pumps water from the basalt groundwater reservoir. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 537.535 History: WRD 2-2017, f. & cert. ef. 5-22-17 WRD 2-1999, f. & cert. ef. 3-3-99 WRD 9-1990, f. & cert. ef. 6-25-90
690-507-0630 Butter Creek CGWA: General Requirements (1) Except as specified in OAR 690-507-0650(3) and 690-507-0670(7), the use of water from the basalt groundwater reservoir within the Butter Creek Critical Groundwater Area shall be limited to the sustainable annual yield. (2) The Commission delegates to the Director the authority to implement these rules. (3) Water from the basalt groundwater reservoir in the Butter Creek Critical Groundwater Area shall be used for irrigation only during the irrigation season. The irrigation season begins on the 15th of March and ends on the 1st of November. (4) The Department shall not accept any new applications for appropriation of water from the basalt groundwater reservoir within the Butter Creek Critical Area. Statutory/Other Authority: ORS 537.515, 537.525, 537.545 & 537.730 - 537.745 Statutes/Other Implemented: ORS 537.535 History: WRD 2-2017, f. & cert. ef. 5-22-17 WRD 2-1999, f. & cert. ef. 3-3-99 WRD 7-1992, f. & cert. ef. 5-14-92 WRD 3-1992, f. & cert. ef. 2-10-92 WRD 9-1990, f. & cert. ef. 6-25-90
690-507-0635 Butter Creek CGWA: Water Users Exempt from Division Requirements Any school located in the Butter Creek Critical Groundwater Area using water from the basalt reservoir for watering lawns, grounds and fields not exceeding ten acres in area shall meet the requirements of OAR 690-507-0640(2) to (5) and 690-507-0645. All other water users exempt under the provisions of ORS 537.545(a), (b), (d), (e), and (f) are not subject to the provisions of OAR 690, Division 507. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 537.535 History: WRD 2-2017, f. & cert. ef. 5-22-17 WRD 2-1999, f. & cert. ef. 3-3-99 WRD 9-1990, f. & cert. ef. 6-25-90
690-507-0640 Butter Creek CGWA: Duties of Water Users (1) Appropriation of groundwater from the Butter Creek Critical Groundwater Area is prohibited unless the water user meets the requirements of section (2) to (5) of this rule. (2) A water user authorized by OAR 690-507-0670 to pump water from the basalt groundwater reservoir shall satisfy the following conditions: (a) Wells shall have an access port with a minimum diameter of 3/4 inch. The access shall be adequate to determine the water level at any time. (b) A water user may install a functioning airline with a pressure gauge in addition to the access port. The airline shall be calibrated and yield accurate data. The airline shall not enter the well through the access port. The airline shall be adequate to determine the water level at any time. (c) A water user shall install and maintain a totalizing flow meter on each well authorized by OAR 690-507-0670. The meter shall meet the requirements of OAR 690-507-0645. (3) A water user shall record flow meter and power meter readings on a weekly basis at times when water is being used. The water user shall use forms provided by the Department and shall mail the readings to the Department in Salem by December 1st of the same year. (4) A water user shall report broken flow meters to the watermaster in Pendleton within 48 hours after determining that the flow meter is broken. A water user shall not appropriate for more than 30 days without an operating flow meter. While the flow meter is broken, the water user shall record daily the hours the pump operates, the power meter reading and the time the power meter was read. The water user shall mail the data to the Department in Salem within one week of the installation of the repaired or replacement flow meter. The data shall include a statement of the initial reading on the newly installed flow meter and the current power meter reading. The water user shall notify the watermaster within 48 hours of installing the repaired or replacement flow meter. (5) A water user shall notify the Department prior to commencing any repair or modification work on a pump or well. A water user shall mail a description of the repair or modification work to the Department within ten days of the completion of the repair or modification. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 537.535 History: WRD 2-2017, f. & cert. ef. 5-22-17 WRD 2-1999, f. & cert. ef. 3-3-99 WRD 9-1990, f. & cert. ef. 6-25-90
690-507-0650 Butter Creek CGWA: Sustainable Annual Yield (1) Each of the eight subareas in the Butter Creek Critical Groundwater Area shall be managed according to the sustainable annual yield within that subarea. The Department shall refine the sustainable annual yield value over time through the use of pumpage data and the response of groundwater levels. (2) The initial sustainable annual yield for each of the eight subareas was calculated using data from the 1983 through the 1989 irrigation seasons and is listed below by subarea followed by the Sustainable Annual Yield in Acre Feet: (a) North, 250 Acre Feet; (b) Section 21, 28 Acre Feet; (c) Echo Junction, 1,260 Acre Feet; (d) Fourmile Canyon, 1,300 Acre Feet; (e) West, 5,670 Acre Feet; (f) East, 720 Acre Feet; (g) Pine City, 4,150 Acre Feet; (h) South, 1,000 Acre Feet. Statutory/Other Authority: ORS 537.515, 537.525, 537.545 & 537.730 - 537.745 Statutes/Other Implemented: ORS 537.535 History: WRD 2-2017, f. & cert. ef. 5-22-17 WRD 2-1999, f. & cert. ef. 3-3-99 WRD 7-1992, f. & cert. ef. 5-14-92 WRD 3-1992, f. & cert. ef. 2-10-92 WRD 9-1990, f. & cert. ef. 6-25-90
690-507-0660 Butter Creek CGWA: Method for Determining the Sustainable Annual Yield (1) The Department shall determine the sustainable annual yield for each subarea by comparing the volume of groundwater pumped annually from each subarea for a given year to the average of the annual changes in groundwater levels for the subarea for the same year. (a) The Department shall calculate pumpage from each well based on data collected by the Department and as submitted under OAR 690-507-0640. The pumpage for each subarea shall be calculated by totaling the pumpage from each non-exempt well in the subarea. (b) The Department shall calculate annual change in groundwater levels for a subarea by subtracting the current year's February or March water level from the previous year's February or March water level. The average shall be calculated by adding the change at each well in the subarea and dividing by the number of wells with available water level data. Data from all permitted or certificated wells in each subarea that are measurable shall be used to calculate the average annual change. If water level data cannot be collected at a particular well, data from a nearby well may be substituted. (2) The total volume of groundwater pumped from each subarea for a given year shall be plotted against the average change in groundwater levels from that subarea for that year. (3) A line of regression is drawn through the data using the least squares fit method and extended through the zero decline axis. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 537.535 History: WRD 2-2017, f. & cert. ef. 5-22-17 WRD 2-1999, f. & cert. ef. 3-3-99 WRD 9-1990, f. & cert. ef. 6-25-90
690-507-0680 Butter Creek (CGWA) Process of Periodic Review of Sustainable Annual Yield (1) The Department shall determine whether a reasonably stable water level was achieved in the basalt groundwater reservoir in each subarea in 2000 and every five years thereafter. (2) For any subarea in which a reasonably stable water level was achieved, the Department may increase the sustainable annual yield if the evaluation under section (1) of this rule indicates that more water is available than the existing sustainable annual yield. (3) For any subarea in which a reasonably stable water level was not achieved, the Department may decrease the sustainable annual yield or modify subarea boundaries, or both, if the evaluation under section (1) of this rule indicates that less water is available than the existing sustainable annual yield. (4) For any subarea in which a reasonably stable water level was achieved but for which individual wells, in the Director's judgment, show significant water level declines, the Department may propose modification of subarea boundaries. (5) If the Department proposes to modify sustainable annual yields or subarea boundaries, it shall conduct a rulemaking hearing as part of the basin program. (6) The Department may propose modification of subarea boundaries at times other than the five year review required in section (1) of this rule. (7) Individuals with a groundwater right in the Butter Creek Critical Groundwater Area may petition the Department to modify subarea boundaries under the following conditions: (a) The petition shall be in writing; (b) The petition shall contain evidence in support of the proposed boundary change; and (c) The petition shall specify the proposed location of the boundary. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 537.535 History: WRD 2-2017, f. & cert. ef. 5-22-17 WRD 2-1999, f. & cert. ef. 3-3-99 WRD 9-1990, f. & cert. ef. 6-25-90
690-507-0690 Butter Creek (CGWA) Annual Reporting The Department shall publish a report for the Butter Creek Critical Groundwater Area by May 31 of each year. The report shall include the water user's name, well locations, permit numbers, priority dates, authorized diversions, actual diversion and water levels. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 537.535 History: WRD 2-2017, f. & cert. ef. 5-22-17 WRD 2-1999, f. & cert. ef. 3-3-99 WRD 9-1990, f. & cert. ef. 6-25-90
690-507-0700 Butter Creek CGWA: Violation Policy Whenever the Department has reason to believe a violation of a rule in OAR 690, division 507 has occurred, it shall investigate. If a violation has occurred, the Director may take enforcement action. Statutory/Other Authority: ORS 536 & 537 History: WRD 9-1990, f. & cert. ef. 6-25-90
690-507-0750 Stage Gulch Critical Groundwater Area (CGWA): Purpose (1) The Director issued an order on May 15, 1991, declaring the Stage Gulch Critical Groundwater Area. The order described the exterior boundaries and divided the area with eight subareas for the purposes of managing the groundwater resource. The response of ground-water levels to pumpage in each subarea is largely independent of pumpage within other subareas. (2) To promote optimum use of the limited groundwater supply in the Stage Gulch Critical Groundwater Area, the Commission encourages development of water management plans to maintain a high standard of water use efficiency. (3) The purpose of these rules is to stabilize water levels in the basalt groundwater reservoir in the Stage Gulch Critical Groundwater area of Umatilla County. These rules carry out the authority granted to the Commission in ORS 536.900 to 536.935 and 537.505 to 537.745. Statutory/Other Authority: ORS 536.900 - 536.935 & 537.505 - 537.745 History: WRD 6-1991, f. & cert. ef. 6-14-91
690-507-0760 Stage Gulch CGWA: Definitions The following definitions apply to OAR 690, division 507: (1) “Commission” means the Water Resources Commission. (2) “Department” means the Water Resources Department. (3) “Director” means the Director of the Water Resources Department. (4) “Physically Capable” means that the well, pump installed, and distribution system are able to produce and distribute the quantity of water requested. (5) “Reasonably Stable Water Level” means an annual static water level decline of less than one foot over the entire subarea as determined by averaging the annual water level change of the representative wells in the subarea, and the water level change for the subarea averaged over five consecutive years displays no decline. (6) “Sustainable Annual Yield” means the volume of water that can be pumped on an annual basis while maintaining reasonably stable water levels. This is a measurement of the capacity of the available source. (7) “Water User” means a person who pumps water from the basalt groundwater reservoir. Statutory/Other Authority: ORS 536.900 - 536.935 & 537.505 - 537.745 History: WRD 6-1991, f. & cert. ef. 6-14-91
690-507-0770 Stage Gulch CGWA: General Requirements (1) The use of water from the basalt groundwater reservoir within the Stage Gulch Critical Groundwater Area shall be limited to the sustainable annual yield. (2) The Commission delegates to the Director the authority to implement these rules. (3) Water from the basalt groundwater reservoir in the Stage Gulch Critical Groundwater Area shall be used for irrigation only during the irrigation season. The irrigation season shall begin on the 1st of March and end on the 30th of November. Water for all other authorized uses may be used at any time : (a) A water user who wishes to use water for irrigation at any time other than the irrigation season designated in this section shall make a written request to the Department in Salem; (b) If the request is authorized, the Department may require the water user to submit to the Department in Salem a static water level measurement for each well authorized to be pumped. Water level measurements shall be made by a Certified Water Rights Examiner, Licensed Water Well Driller, Registered Geologist, Licensed Land Surveyor, Registered Professional Engineer, pump installer, or the water user. (4) The Department shall not accept any new applications for appropriation of water from the basalt groundwater reservoir within the Stage Gulch Critical Groundwater Area. Statutory/Other Authority: ORS 536.900 - 536.935 & 537.505 - 537.745 History: WRD 6-1991, f. & cert. ef. 6-14-91
690-507-0775 Stage Gulch CGWA: Water Users Exempt from Division Requirements (1) Any school located in the Stage Gulch Critical Groundwater Area using water from the basalt reservoir for watering lawns, grounds and fields not exceeding ten (10) acres in area shall meet the requirements of OAR 690-507-0780(2) to (5) and 690-507-0785. Except as provided in section (2) of this rule, water users with wells located in Subarea E of the Stage Gulch Critical Groundwater Area and all other water users exempt under the provisions of ORS 537.545(a), (b), (d), (e), and (f) are not subject to the provisions of OAR 690, division 507. (2) Permitted wells located in Subarea E of the Stage Gulch Critical Groundwater Area shall not be deepened to a point where the well would penetrate the deep basalt reservoir underlying said subarea. Statutory/Other Authority: ORS 536.900 - 536.935 & 537.505 - 537.745 History: WRD 6-1991, f. & cert. ef. 6-14-91