justicedao/ipfs_state_laws huggingface dataset:
690-030-0060 Postponement of Proceedings The taking of testimony in any contest shall not be postponed, except for good cause shown, and upon notice to all parties, and after opportunity has been given said parties to be heard; and adjournments shall be taken only upon notice to all parties, at the time of the taking of testimony, and then only to a time and place certain, and upon good cause being shown; excepting however, that adjournments upon the conclusion of one day’s testimony, to the next day, and over Sundays and legal holidays shall be taken as a matter of course; and except as otherwise ordered by the Water Resources Director, when the taking of testimony shall have been commenced, the same shall be continued from day to day, commencing at the hour of 9 a.m. until 12 p.m., and from 1:30 p.m. until 5 p.m. of each day. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77
690-030-0065 Subpoenas Subpoenas to require the attendance of witnesses will be issued by the Water Resources Director in any contest, upon the application to him therefore, to either party; which subpoenas shall be served in the same manner as subpoenas issued out of the Circuit Courts of the state; and said witnesses shall receive fees as in civil cases, but the parties to contests, to whom subpoenas are issued, will be required to attend to the service thereof, and to pay the fees therefore to said witnesses, and said subpoenas will not be served, or the fees due said witnesses paid, by or through the Water Resources Director. As to service of subpoenas, see ORS 539.110. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77
690-030-0070 Notice of Hearing The notice of the time and place fixed for the hearing of a contest is served upon the party or parties contested by registered mail; and said notice will be prepared and delivered for service by the Water Resources Director; and the Water Resources Director shall cause notice of the said time and place of hearing to be served upon each of the parties contestant, or his agent or attorney, if he appear by agent or attorney, by depositing such copy of such notice in the post office as registered mail, properly addressed to said contestant, or his agent or attorney, as the case may be; and the said contestant shall be required, in his statement of contest, to set forth his post office address, or the post office address of his agent or attorney upon whom he desires service of such notice to be made; also the address, or place, where each of such contestees may be found for service, so far as he can ascertain. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77
690-030-0075 Joining Parties Contestant and Contestee Any number of persons, firms, or corporations, jointly interested in the subjects enumerated in the notice of contest may appear as parties contestant therein; and any number of persons, corporations, or associations claiming interest adversely to the rights claimed by said contestants, and who shall have submitted proof of their claim to the Water Resources Director, may be jointed as parties contestee, in the statement of contest. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77
690-030-0080 Practice in Suits in Equity Governs Taking of Testimony The practice in the Circuit Courts of the state governing the taking of testimony in suits in equity, in so far as applicable, shall govern the taking of testimony on the hearing of said contest; but the evidence shall be confined to the subjects enumerated in the statement of contest; and the Water Resources Director or his authorized assistant may, in their discretion, reject testimony and evidence offered, which is not so confined. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77
690-030-0090 Withdrawing Original Testimony From and after the beginning of the inspection period, the original testimony shall remain in the custody of the Water Resources Director or his authorized assistant, and shall not be withdrawn therefrom. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77
690-033-0000 Purpose (1) The purpose of OAR 690, division 33 is to establish definitions, additional procedures and standards to aid the Department in determining whether a proposed use will impair or be detrimental to the public interest with regard to sensitive, threatened, or endangered fish species. (2) These rules apply to the following types of applications for permits: (a) To appropriate surface water; (b) To appropriate hydraulically connected groundwater with potential for substantial interference as listed in OAR 690, division 009, section 40; (c) To appropriate water for the purpose of groundwater recharge; and (d) To store water or construct a reservoir. (3) These definitions, standards and procedures are in addition to, not in lieu of, existing rules and laws. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 537.140 - 190 History: WRD 6-1996, f. & cert. ef. 7-11-96 WRD 4-1995, f. & cert. ef. 6-16-95, Renumbered from 690-033-0100 WRD 10-1994, f. & cert. ef. 9-21-94
690-033-0010 Definitions for the purposes of Chapter 690, Division 33 (1) “Commission” means the Water Resources Commission. (2) “Department” means the Water Resources Department. (3) “Director” means the Director of the Department. (4) “Domestic Water Use” means the use of water for human consumption, household purposes, domestic animal consumption that is ancillary to residential use of the property or related accessory uses. (5) “Interagency Review Team” means a team comprised of staff from the Departments of Agriculture, Environmental Quality, Fish and Wildlife, Water Resources and other state natural resource agencies as appropriate. (6) “Fish and Wildlife Program” means the Columbia River Basin Fish and Wildlife Program adopted by the Northwest Power Planning Council in February 1994; document number 94-2. (7) “Human Consumption” means the use of water for purposes of drinking, cooking and sanitation. (8) “Threatened or Endangered” means fish species listed by Oregon Department of Fish and Wildlife (ODFW) under OAR 635-100-0100 to 635-100-0130; or listed under the federal Endangered Species Act. (9) “Sensitive” means fish species classified as either critical, vulnerable, or peripheral on the ODFW sensitive species list established under OAR 635-100-0040. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 537.140 - 190 History: WRD 6-1996, f. & cert. ef. 7-11-96 WRD 4-1995, f. & cert. ef. 6-16-95, Renumbered from 690-033-0110 WRD 10-1994, f. & cert. ef. 9-21-94
690-033-0115 Upper Columbia Rules (Above Bonneville Dam): Geographic Scope (1) These rules, OAR 690-033-0115 through 690-033-0140, apply to applications filed after July 17, 1992, upstream from Bonneville Dam in the Columbia-Snake Basin in the areas listed below for which no permit has been granted, or on which no contested case has been ordered: (a) Hood Basin; (b) Deschutes Basin; (c) John Day Basin; (d) Umatilla Basin; (e) Grande Ronde Basin; (f) Powder Basin; (g) Malheur Basin; (h) Owyhee Basin; (I) Mainstem Columbia River above Bonneville Dam; and (j) Mainstem Snake River. (2) These rules, OAR 690-033-0115 through 690-033-0140, will be reviewed and may be revised as additional information becomes available concerning the recovery of threatened or endangered fish stocks in the Columbia/Snake Basin. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 537.170 History: WRD 6-1996, f. & cert. ef. 7-11-96 WRD 4-1995, f. & cert. ef. 6-16-95
690-033-0120 Upper Columbia Rules (Above Bonneville Dam): Determination of Consistency With the Fish and Wildlife Program (1) To determine whether a proposed use is consistent with the Fish and Wildlife Program, the Department shall consult with the Northwest Power and Conservation Council, ODFW, U.S. Fish and Wildlife Service, National Marine Fisheries Service, Indian tribes and appropriate local governments. If the Department determines that a proposed use of water is inconsistent with the Fish and Wildlife Program and cannot be conditioned to achieve consistency, the application shall be presumed to impair or be detrimental to the public interest. (2) The applicant shall provide information to show compliance with the following standards which will form the basis for permit conditions: (a) The proposed use does not involve appropriation of direct streamflow during the time period of April 15 to September 30, except as provided in OAR 690-033-0140; (b) The proposed use does not involve hydraulically connected groundwater with potential for substantial interference as listed in OAR 690-009 (division 9 of this Chapter) during the time period of April 15 to September 30, except that which is artificially recharged or as otherwise provided in OAR 690-033-0140; (c) The proposed use complies with screen design, installation, operation specifications and passage requirements as listed in ORS 498.301 through 498.346 and 509.580 through 509.910; (d) The proposed use complies with existing state and federal water quality standards; and (e) The proposed use complies with water use measurement, recording and reporting required by the Director. (3) Based on the consultation in section (1) of this rule, the proposed use may be further conditioned so that, if the riparian area is disturbed in the process of developing a point of diversion, the riparian area is restored or enhanced. (4) If a proposed use is not consistent with the Fish and Wildlife Program, the applicant may propose mitigation compatible with sections (2) and (3) of this rule. The Director shall determine if the proposed use with mitigation is consistent with the Fish and Wildlife Program. For purposes of mitigation, the ODFW rules regarding Implementation of Department Habitat Mitigation Recommendations, OAR 635-415-0025 adopted April 21, 2000 and effective May 1, 2000 shall be followed. Statutory/Other Authority: ORS 536.027 & 537.140 - 537.190 Statutes/Other Implemented: ORS 537.140 - 537.190 History: WRD 5-2014, f. & cert. ef. 11-25-14 WRD 10-1994, f. & cert. ef. 9-21-94
690-033-0130 Upper Columbia Rules (Above Bonneville Dam): Flow Management If the flow management objectives cannot be achieved because of differing requirements between fish species in the management area, the Department shall consult with the affected fish and wildlife agencies and the appropriate Indian tribes to assist in resolving the flow management conflicts. Statutory/Other Authority: ORS 536.027 & 537.140 - 537.190 Statutes/Other Implemented: ORS 537.140 - 537.190 History: WRD 10-1994, f. & cert. ef. 9-21-94
690-033-0140 Upper Columbia Rules (Above Bonneville Dam): Exemptions Notwithstanding OAR 690-033-0120(2)(a) and (b), the Department may approve a water right permit for: (1) Domestic water use; (2) Projects that provide net benefits for native resident and native anadromous fish recovery. For example, these projects may include, but are not limited to, livestock watering away from water courses which results in improved riparian areas; (3) Emergency use necessary for public health and safety; (4) Existing water uses covered under House Bill 2153 (Oregon Legislature 1993); or (5) Multipurpose storage projects or other projects with measurable public benefits. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 537.140 - 537.190 History: WRD 6-1996, f. & cert. ef. 7-11-96 WRD 10-1994, f. & cert. ef. 9-21-94
690-033-0210 Lower Columbia Rules (Below Bonneville Dam): Geographic Scope (1) These rules, OAR 690-033-0210 through 690-033-0230, apply to applications filed after April 8, 1994, in the areas listed below for which no permit has been granted, or on which no contested case has been ordered as of the effective date of these rules: (a) Portions of the North Coast Basin which drain into the Columbia River; and (b) Clackamas Subbasin of the Willamette Basin. (2) These rules, OAR 690-033-0210 through 690-033-0230, apply to applications filed after June 3, 1994, in the areas listed below for which no permit has been granted, or on which no contested case has been ordered as of the effective date of these rules: (a) Sandy Basin; (b) Willamette Basin, excluding the Clackamas Subbasin; and (c) Mainstem Columbia River below Bonneville Dam. (3) These rules, OAR 690-033-0210 through 690-033-0230, shall be reviewed and may be revised when: (a) A final National Marine Fisheries Service Recovery Plan for Snake River salmon is promulgated, or the Northwest Power Planning Council Fish and Wildlife Program is revised after the effective date of these rules providing additional information concerning the recovery of threatened or endangered fish stocks in the Lower Columbia Basin; or (b) 300 cfs of additional water rights have been issued from the Mainstem Columbia River below Bonneville Dam since June 3, 1994; or (c) An additional fish species has been listed as threatened or endangered in the area listed in OAR 690-033-0210(1) or (2). Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 537.140 - 537.190 History: WRD 6-1996, f. & cert. ef. 7-11-96 WRD 4-1995, f. & cert. ef. 6-16-95
690-033-0220 Lower Columbia Rules (Below Bonneville Dam): Evaluation Criteria (1) If the Department determines that a proposed use of water is detrimental to the protection or recovery of a threatened or endangered species and cannot be conditioned or mitigated to avoid the detriment, the applications shall be presumed to impair or be detrimental to the public interest. The Department shall review recovery plans, the Fish and Wildlife Program, and regional restoration programs applicable to threatened or endangered species in evaluating whether a proposed use is detrimental to the protection or recovery of a threatened or endangered species. (2) The proposed use shall comply with the following standards which will form the basis for permit conditions: (a) The proposed use complies with screen design, installation, operation (including provisions for maintenance) specifications and passage requirements as listed in ORS 498.248 through 498.268 and 509.600 through 509.630; (b) The proposed use complies with existing state and federal water quality standards; and (c) The proposed use complies with water use measurement, recording and reporting required by the Director. (3) Any application for more than one cubic foot per second not subject to the requirements of OAR 690, division 86, shall contain a description of the measures to be taken to assure reasonably efficient water use. (4) Based on the determination under section (1) of this rule, the proposed use may be further conditioned so that, if the riparian area is disturbed in the process of developing a point of diversion, the riparian area is restored or enhanced. (5) If a proposed use is determined to be detrimental to the protection or recovery of a threatened or endangered species, the applicant may propose mitigation compatible with sections (2), (3) and (4) of this rule. The Director shall determine if the proposed use with mitigation offsets the detriment. For purposes of mitigation, the ODFW Fish and Wildlife Habitat Mitigation Goals and Standards, OAR 635, division 415, Section 030 adopted November 13, 1991, shall be followed. Statutory/Other Authority: ORS 536.027 & 537.140 - 537.190 History: WRD 4-1995, f. & cert. ef. 6-16-95
690-033-0230 Lower Columbia Rules (Below Bonneville Dam): Flow Management The Department shall consult with the affected fish and wildlife agencies and the appropriate Indian tribes to assist in resolving the flow management conflicts, if the flow management objectives for protection of threatened and endangered fish species cannot be achieved because of differing requirements between fish species in the management area. Statutory/Other Authority: ORS 536.027 & 537.140 - 537.190 History: WRD 4-1995, f. & cert. ef. 6-16-95
690-033-0310 Statewide Rules: Geographic Scope (1) These rules, OAR 690-033-0310 through 690-033-0340, apply to: (a) Applications filed after June 3, 1994, for which no permit has been granted, or on which no contested case has been ordered as of the effective date of these rules; and (b) Requests for limited licenses except those: (A) for less than 120 days; or (B) issued in conjunction with an enforcement order of the Department. (2) These rules, OAR 690-033-0310 through 690-033-0340, apply to the following geographic areas: (a) Waterways of the state where sensitive fish species are located; (b) Waterways of the state, outside the Columbia Basin (OAR 690-033-0115(1) and 690-033-0210(1) and (2)), where threatened or endangered fish species are located. (3) For purposes of making a preliminary determination of the presence of sensitive, threatened or endangered species, the Department may rely primarily on information provided by ODFW, but may also rely on information provided by the U.S. Fish and Wildlife Service, the National Marine Fisheries Service or the appropriate Indian tribes. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 537.140 - 537.190 History: WRD 6-1996, f. & cert. ef. 7-11-96
690-033-0320 Statewide Rules: Rule Review These rules, OAR 690-033-0310 through 690-033-0340, shall be reviewed and may be revised when: (1) Additional species are listed as sensitive, threatened, or endangered; or (2) Basin programs are revised by the Department. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 537.140 - 537.190 History: WRD 6-1996, f. & cert. ef. 7-11-96
690-033-0330 Statewide Rules: Review of Proposed Water Use (1) If the Department concludes during the initial review that a proposed water use will occur in an area that may affect the habitat of sensitive, threatened or endangered fish species, the Department shall: (a) Notify the applicant that based on a preliminary determination, the proposed use may affect the habitat of sensitive, threatened or endangered fish species and the application may be conditioned or denied. (b) Notify the interagency review team that an application has been received in an area that may affect the habitat of sensitive, threatened or endangered fish species. (2) The interagency review team shall be convened, as needed, to review applications which the Department determines may affect sensitive, threatened or endangered fish species. Participating agencies may also request interagency review of specific applications. When reviewing applications, the interagency review team shall apply the following standards: (a) In areas of the state outside of the Columbia Basin where threatened and endangered fish species are located, no loss of essential habitat as defined in OAR 635-415-0005(4). (b) In all areas of the state where sensitive species are located, no net loss of essential habitat as defined in OAR 635-415-0005(4). (3) The interagency review team, whenever possible, will recommend conditions to the application necessary to achieve the standards listed in 690-033-0330(2)(a) and (b). (4) If the interagency review team cannot identify conditions that meet the standards listed in 690-033-0330(2)(a) and (b), the interagency review team shall recommend denial of the application unless it concludes that the proposed use would not harm the species. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 537.140 - 537.190 History: WRD 6-1996, f. & cert. ef. 7-11-96
690-033-0340 Statewide Rules: Public Interest Review Presumption (1) Nothing in these rules delegates the authority of the Department to make final decisions on permit applications. (2) Consistent with 690-033-0340(1), the Department shall follow the recommendations of the interagency review team in determining whether the presumption is established pursuant to OAR 690-310-0110 or 690-310-0130. In completing the remainder of the public interest determination under 690-310-0120 or 690-310-0140, the Department shall follow the recommendations of the interagency review team unless it finds: (a) The proposed use provides significant basin wide public benefits beyond the benefits to the applicant; (b) There are no other reasonable and prudent alternatives to the proposed use; (c) The benefits of the proposed use to the public under ORS 537.170(8) outweigh the benefits of the alternatives that would conserve the species; and (d) All reasonable mitigation measures necessary to minimize the effect of the proposed use on the species have been implemented; or (e) A specific basin program has been amended significantly to protect sensitive, threatened or endangered fish species and allows the proposed use. (3) The Department shall include its findings and conclusions in the proposed final order. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 537.140 - 537.190 History: WRD 6-1996, f. & cert. ef. 7-11-96
690-040-0000 Reclamation of Lands under Provisions of the Carey Act (1) Rules pertaining to the reclamation of lands accepted by the State of Oregon under the provisions of the Carey Act were promulgated by the State Reclamation Commission, now under the administration of the Water Resources Director, March 8, 1944, and filed with the Secretary of State July 31, 1947, as Administrative Order 2RC 1. (2) Pursuant to ORS 183.360(3), these rules are not published in the Oregon Administrative Rules Compilation. Copies may be obtained from the Secretary of State as provided by 183.060. History: 2RD 1, f. 7-31-47
690-051-0000 Purpose These rules establish definitions, information requirements, filing procedures, hearing requirements, fees, and standards for hydroelectric development. The Water Resources Commission and the Director shall use these rules to process applications for permits to appropriate water for hydroelectric projects, Preliminary Permits and hydroelectric licenses under ORS Chapters 537 and 543. Statutory/Other Authority: ORS 537 & 543 History: WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16 WRD 14-1986, f. & ef. 10-13-86
690-051-0020 Projects to be Considered by the Commission (1) The Commission or Director where designated by these rules or separate order, shall consider projects for which applications for Permits to appropriate water for hydroelectric purposes under ORS 537.140 and applications for Preliminary Permits or Licenses under ORS 543.010 to 543.620 have been filed. (2) Projects shall be further classified as minor and major projects. For the purpose of these rules, a minor project shall be any project proposing to develop 100 THP or less. All other shall be major projects. Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543 History: WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16 WRD 2-1993, f. & cert. ef. 5-19-93 WRD 14-1986, f. & ef. 10-13-86
690-051-0030 Restriction on Filing (1) Whenever a proposed project is located within one of the following designated resource areas, the Department shall provide notice of the application to the managing agency: (a) National parks; (b) National monuments; (c) Wilderness areas established by federal law; (d) Bureau of Land Management areas of critical environmental concern established under federal law; (e) Wild and scenic rivers established by federal law; (f) Estuarine sanctuaries established under Public Law 92-583; (g) Federal research natural areas established under federal regulation; (h) State parks and waysides; (i) Scenic waterways designated under ORS Chapter 390; (j) State wildlife refuges; or (k) State dedicated natural heritage areas established under ORS Chapter 273. Statutory/Other Authority: ORS 537 & 543 History: WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16 WRD 14-1986, f. & ef. 10-13-86
690-051-0040 Preliminary Permit not Required No License or Permit shall be issued within six months of either approving the Preliminary Permit or acceptance of the License or Permit application. A Preliminary Permit is unnecessary where the project is a minor project. Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543 History: WRD 2-1993, f. & cert. ef. 5-19-93 WRD 14-1986, f. & ef. 10-13-86