justicedao/ipfs_state_laws huggingface dataset:
690-505-0040 Lower Crooked River Basin Classifications: (1) The maximum economic development of this state, the attainment of the highest and best use of the waters of the Deschutes-Lower Crooked River Basin, and the attainment of an integrated and coordinated program for the benefit of the state as a whole will be furthered through utilization of the aforementioned waters only for domestic, livestock, municipal, irrigation, power development, industrial, mining, recreation, wildlife and fish life uses and the waters of the Deschutes-Lower Crooked River Basin are hereby so classified with the following exceptions: (a) OAR 690-505-0050, Lower Main Stem Deschutes River, adopted April 3, 1964, as modified by the Water Policy Review Board; (b) No further appropriations except for domestic or livestock uses shall be made or granted by any state agency for the waters of Ochoco Creek and its tributaries. (2) Applications for the use of the waters of the Deschutes-Lower Crooked River Basin shall not be accepted by any state agency for any other use and the granting of applications for such uses is declared to be prejudicial to the public interest and the granting of applications for such other uses would be contrary to the integrated and coordinated program for the use and control of the water resources of the state; (3) Structures or works for the utilization of the water in accordance with the aforementioned classifications are also declared to be prejudicial to the public interest unless planned, constructed and operated in conformity with the applicable provisions of ORS 536.310 and any such structures or works are further declared to be prejudicial to the public interest which do not give proper cognizance to the multiple-purpose concept. (4) Water Quality: Rights to use of water for industrial or mining purposes granted by any state agency shall be issued only on condition that any effluents or return flows from such uses shall not interfere with other beneficial uses of water. NOTE: The Upper Deschutes River, Middle Deschutes River, Lower Deschutes River, Upper Crooked River and Lower Crooked River Basins are delineated on State Water Resources Board Map, File 5.7014, available from the agency. Statutory/Other Authority: ORS 536 & 537 History: WRD 6-1984, f. & cert. ef. 12-27-84 WRD 3-1981, f. & cert. ef. 5-12-81 WRD 2-1981, f. & cert. ef. 4-30-81 WRD 8-1980, f. & cert. ef. 11-24-80 WRD 5-1980, f. & cert. ef. 4-8-80 WRD 4-1980, f. & cert. ef. 1-23-80 WRD 2-1979(Temp), f. & cert. ef. 10-9-79 WRD 7-1978, f. & cert. ef. 10-13-78 WRD 6-1978(Temp), f. & cert. ef. 8-15-78 Reverted to WRB 38, f. 6-14-67 WRD 7(Temp), f. 7-11-77 WRB 38, f. 6-14-67 WRB 27, f. 5-11-64 WRB 18, f. 6-1-62 WRB 16, f. 2-20-62 WRB 6, f. 11-30-59
690-505-0400 Ground Water Classification Ground water in the Deschutes Basin is classified for any beneficial use. Statutory/Other Authority: ORS 536.027, 536.220, 536.300 & 536.340 Statutes/Other Implemented: ORS 390.835 & Ch. 659 2001 OL HB 2184 History: WRD 3-2002, f. & cert. ef. 9-27-02
690-505-0500 Ground Water Appropriations within the Deschutes Ground Water Study Area (1) Except for a cumulative total of 200 cubic feet per second (cfs) maximum rate for final orders approving ground water permit applications issued after the effective date of these rules, ground water in the Deschutes Ground Water Study Area is closed to further appropriation. (2) Prior to January 1, 2008, or upon reaching 150 cfs of the 200 cfs in section (1), whichever comes first, and on subsequent five year intervals, the Commission shall evaluate the Deschutes Basin Ground Water Mitigation Rules and associated mitigation to determine whether the restriction in section (1) shall be lifted or otherwise modified through subsequent public rulemaking. The Commission shall specifically evaluate the effectiveness of mitigation projects and mitigation credits that involve time-limited instream transfers, instream leases and allocations of conserved water from canal lining and piping projects. The Commission shall also evaluate the general zones of impact identified by the Department. (3) The Department shall, in cooperation with the Oregon Department of Fish and Wildlife, Oregon State Parks and Recreation Department, Oregon Department of Environmental Quality and Division of State Lands, annually evaluate and report on the implementation of these rules. The annual evaluation and report shall include information on new ground water appropriations, streamflow monitoring, and mitigation activity in order to determine whether scenic waterway flows and instream water right flows in the Deschutes Basin continue to be met on at least an equivalent or more frequent basis as compared to long-term, representative base period flows established by the Department. (4) The restriction in section (1) shall not be lifted unless the Commission determines that scenic waterway flows and instream water right flows in the Deschutes Basin continue to be met on at least an equivalent or more frequent basis as compared to long-term, representative base period flows established by the Department. (5) If the Commission’s evaluation under section (2) indicates that, due to new ground water appropriations, scenic waterway flows and instream water right flows in the Deschutes Basin are met less frequently as compared to long-term, representative base period flows, the Commission shall initiate proceedings to designate all or portions of the Deschutes Ground Water Study Area a critical ground water area(s) under ORS 537.730, immediately close certain areas of the Deschutes Basin to further ground water appropriations, or take other administrative action(s) to ensure scenic waterway flows and instream water right flows in the Deschutes Basin continue to be met on at least an equivalent or more frequent basis as compared to long-term, representative base period flows. Statutory/Other Authority: ORS 536.027 & 390.835 Statutes/Other Implemented: ORS 390.835 & Ch. 659 2001 OL HB 2184 History: WRD 3-2002, f. & cert. ef. 9-27-02
690-505-0600 Deschutes Basin Groundwater Mitigation Rules: Purpose and Applicability of Ground Water Mitigation Rules (1) In the Deschutes Basin, a joint study of ground water resources by the Department and U.S. Geological Survey has established a hydraulic connection between ground water and surface water within the Deschutes Ground Water Study Area (Ground Water Hydrology of the Upper Deschutes Basin, Oregon, Water Resources Investigations Report 00-4162, Portland, Oregon, 2001). Based on the conclusions of the study, the Department has determined that ground water appropriations within the Deschutes Ground Water Study Area have the potential for substantial interference with surface water rights as described in OAR 690, division 9, and will measurably reduce scenic waterway flows as defined in ORS 390.835 unless mitigation is provided pursuant to the rules in this division. (2) These rules implement Senate Bill 1033 (1995, Legislative Assembly), codified as ORS 390.835 to provide for mitigation of impacts to scenic waterway flows and senior water rights while allowing additional qualifying appropriations of ground water in the Deschutes Basin. (3) The rules in OAR 690-505-0610 through 690-505-0630 establish the mitigation process for pending and future ground water permit applications in the Deschutes Ground Water Study Area. Without mitigation, the Department is required by law to deny ground water permit applications in the Deschutes Ground Water Study Area. (4) Holders of existing ground water permits and associated certificates in the Deschutes Ground Water Study Area issued after July 19, 1995, with priority dates after April 19, 1991, that are specifically conditioned to allow regulation for measurable reduction of a state scenic waterway and that choose to provide mitigation meeting the standards of these rules shall not be subject to regulation for scenic waterway flows pursuant to ORS 390.835(9). A ground water permit or certificate for which a mitigation project has been approved by the Department prior to the effective date of these rules shall not be subject to regulation for scenic waterway flows pursuant to ORS 390.835(9). Statutory/Other Authority: ORS 536.027 & 390.835 Statutes/Other Implemented: ORS 390.835 & Ch. 659 2001 OL HB 2184 History: WRD 3-2002, f. & cert. ef. 9-27-02
690-505-0615 Deschutes Basin Groundwater Mitigation Rules: Notice of Mitigation Obligation (1) The Department shall provide notice of the mitigation obligation to ground water permit applicants. The notice shall: (a) State that mitigation must be provided before a permit may be issued for a water right application approved under ORS 537.621 to 537.626; (b) Identify the amount and location of the mitigation obligation; and (c) Identify mitigation banks as potential means of providing mitigation. (2) For ground water permit applications pending before the Department as of the effective date of this rule, the notice of mitigation obligation and the applicant’s response to the mitigation obligation shall be incorporated into the water right application process under OAR 690, division 310. (3) For ground water permit applications submitted after the effective date of this rule, the notice of mitigation obligation shall be included in the initial review report under OAR 690-310-0080. (4) Ground water permit applicants receiving notice under this rule shall, through the water right application process under OAR 690, division 310, submit proposed mitigation to the Department that meets the requirements of 690-505-0610(2)–(5). (5) Ground water permit applicants proposing to implement a mitigation project shall identify and describe the project and, in any application associated with the mitigation project, identify that the project is being used to satisfy a mitigation obligation. (6) If the amount of mitigation identified by the ground water permit applicant is different from that stated in the Department’s notice of mitigation obligation, the applicant shall provide an explanation of why the amount is different and identify appropriate information proposed to be used to determine the equivalent consumptive use for the proposed ground water appropriation. (7) The Department shall work in cooperation with a representative of the Oregon Department of Fish and Wildlife, Oregon State Parks and Recreation Department, Oregon Department of Environmental Quality and Division of State Lands to enhance the resource benefits and make the most effective use of mitigation projects and mitigation water. Statutory/Other Authority: ORS 536.027 & 390.835 Statutes/Other Implemented: ORS 390.835 & Ch. 659 2001 OL HB 2184 History: WRD 3-2002, f. & cert. ef. 9-27-02
690-505-0620 Deschutes Basin Groundwater Mitigation Rules: Ground Water Permit and Final Order Conditions (1) Any final order approving a ground water permit application and the associated permit and certificate issued subsequent to a notice of mitigation obligation under 690-505-0615(1) shall, as appropriate: (a) Specify the amount and location of the mitigation obligation; (b) Require that mitigation water be legally protected instream for instream use before the permit will be issued; (c) Require that mitigation water be committed for the life of the permit and subsequent certificate; (d) Require installation of a measuring device, monthly recording of water use and annual reporting of water use; (e) If the mitigation is from a secondary right for stored water from a storage project not owned or operated by the ground water permit applicant, require maintenance of a contract for the use of the water with the owner/operator of the storage project; (f) Provide for regulation and/or cancellation if the required mitigation is not maintained; and (g) Require additional mitigation if the Department determines that average annual consumptive use of the subject appropriation has increased beyond the originally mitigated amount. (2) Any final order issued under OAR 690, division 310 approving a ground water permit application subject to these rules, that is contingent upon mitigation being provided before a permit may be issued, shall expire 5 years after issuance unless the required mitigation is provided. (3) Failure to comply with conditions required under section (1) of this rule shall result in the Department regulating the associated ground water right, proposing to deny any permit extension application for the associated right, and proposing to cancel the associated permit. Statutory/Other Authority: ORS 536.027 & 390.835 Statutes/Other Implemented: ORS 390.835 & Ch. 659 2001 OL HB 2184 History: WRD 3-2002, f. & cert. ef. 9-27-02
690-505-0625 Deschutes Basin Groundwater Mitigation Rules: Municipal and Quasi-municipal Ground Water Permit Applications (1) Municipal or quasi-municipal ground water permit applicants may satisfy a mitigation obligation by incrementally obtaining and providing mitigation to coincide with the incremental development of the permit, provided that mitigation is provided prior to each stage of development of the permit and in accordance with the standards under 690-505-0610(2)–(5). Municipal or quasi-municipal ground water permit applicants interested in incremental mitigation shall: (a) Submit an incremental development plan to the Department as part of the response to a notice of mitigation obligation under OAR 690-505-0615. The plan shall indicate a time schedule for the development of the permit and indicate proposed sources of mitigation that will be obtained and used prior to each stage of development; (b) Report to the Department the progress of implementing the incremental development plan in accordance with a reporting schedule identified in the final order approving the water right permit under OAR 690-310-0200; and (c) Submit a new or updated Water Management and Conservation Plan pursuant to OAR 690, division 86. (2) Applicants or permit holders subject to this rule may request that the Department approve changes to an incremental development plan and related mitigation obligation. A permit holder subject to this rule shall not increase the rate or amount of water diversion before increasing the corresponding required mitigation. Statutory/Other Authority: ORS 536.027 & 390.835 Statutes/Other Implemented: ORS 390.835 & Ch. 659 2001 OL HB 2184 History: WRD 3-2002, f. & cert. ef. 9-27-02
690-505-0630 Deschutes Basin Groundwater Mitigation Rules: Additional Findings of Department When Mitigation is Provided (1) If a ground water permit applicant satisfies the mitigation obligation, notwithstanding OAR 690, division 9, for the purposes of OAR 690, divisions 33, 310, 400, and 410, the proposed ground water appropriation is deemed to be a ground water appropriation that does not have the potential for substantial interference with surface water. (2) The Department shall include the Oregon State Parks and Recreation Department and the Division of State Lands in the interagency review team process under OAR 690, division 33, and use the interagency review team process to seek agency input on ground water permit applications and mitigation projects in the Deschutes Ground Water Study Area. Statutory/Other Authority: ORS 536.027 & 390.835 Statutes/Other Implemented: ORS 390.835 & Ch. 659 2001 OL HB 2184 History: WRD 3-2002, f. & cert. ef. 9-27-02
690-506-0010 Definitions and Procedures (1) The John Day River Basin and the Upper Mainstem, South Fork, Middle Mainstem, Middle Fork, North Fork and Lower Subbasins are as shown by Water Resources Department Map No. 6.6L. (2) Permitted Use, as used in OAR 690-506-0040, means a use classified as being within the public interest, unless the Water Resources Commission, acting under the review process prescribed in OAR 690-001-0002, finds otherwise. (3)(a) Conditional Use, as used in OAR 690-506-0040, means a use that is classified as being within the public interest, unless the Commission, acting under the review process prescribed in OAR 690-001-0002, finds otherwise. The Department may approve an application for a permit for a conditional use only if the applicant shows that: (A) The proposed use will not conflict with existing instream or out-of-stream uses classified as permitted on the affected stream; (B) The quantity of water requested for the proposed use will not interfere with the objectives established for permitted uses; and (C) The proposed use will not cause violation of water quality standards established for the protection of permitted uses. (b) If the applicant fails to show to the satisfaction of the Director that the proposed appropriation meets the requirements in subsection (a) of this section, at the request of the applicant, the application shall be transmitted to the Commission for review; (c) Notwithstanding the provision of subsections (a) and (b) of this section, any application for which Commission consideration is required by OAR 690-011-0100 shall be transmitted directly to the Commission. In addition to any other standards appropriate for evaluating public interest, the Commission shall consider the standards prescribed in subsection (a) of this section when determining if the use of water involves a substantial public interest question. 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
690-506-0020 Policies The waters of the John Day River Basin provide the public with important economic, social, and environmental benefits: (1) In managing the surface and ground waters of the basin the Water Resources Commission shall encourage: (a) Increases in crop production lands through: (A) Better seasonal distribution of streamflows; (B) Protection of ground water quality and quantity; and (C) Water conservation. (b) Enhancement of wild anadromous fish production and resident fish production through: (A) Better seasonal distribution of streamflows; (B) Water conservation; (C) Protection and improvement of riparian areas; and (D) Maintenance of instream flows. (c) Provision of adequate water supplies for livestock and wildlife through: (A) Better seasonal distribution of streamflows; (B) Protection of ground water quality and quantity; and (C) Water conservation. (d) Enhancement of water-related tourism and recreation opportunities, especially on lakes and reservoirs, the scenic waterway, and major streams through: (A) Better seasonal distribution of streamflows; (B) Water conservation; (C) Protection and improvement of riparian areas; and (D) Maintenance of instream flows. (e) Maintenance of adequate water quality and quantity for projected domestic, industrial, and municipal growth through: (A) Better seasonal distribution of streamflows; (B) Protection of ground water quality and quantity; (C) Water conservation; and (D) Protection and improvement of riparian areas. (f) Development of storage reservoirs that are beneficial to anadromous fish and other uses. (2) The Commission shall: (a) Allow water use for mining purposes employing practices which do not interfere significantly with other uses; (b) Prohibit power development where proposed hydroelectric projects damage wild anadromous fish or resident game fish, or harm other resource values beyond mitigation. 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
690-506-0050 Minimum Perennial Streamflows (1) Except as otherwise provided in this rule, the Department shall include in each permit for appropriation of the waters of any stream identified on Table 1, or tributaries, a provision that the right shall not permit the use of waters when the streamflow is less than the adopted minimum flows. (2) For those streams listed in Table 1 for which specific points of measurement are not designated, water rights junior to the streamflow requirements shall be regulated as necessary to maintain the flows throughout the specified reaches. (3) For those streams listed in Table 1 for which specific points of measurement are designated, water rights junior to the streamflow requirements shall be regulated as necessary to maintain the listed flows at the designated point of measurement. If the designated point of measurement is not at the downstream end of the specified stream reach, water rights junior to the streamflow requirements shall be regulated as necessary to maintain the listed flows throughout the reach between point of measurement and the downstream end of the reach. (4) Exceptions: (a) This rule shall not apply to permits for appropriation for domestic or livestock use or to use of water legally stored or legally released from storage; (b) This rule shall not apply to permits for appropriation for municipal uses on Bridge Creek, the South Fork John Day River, and the John Day River between USGS Gage 14038530 near John Day and the mouth of the North Fork John Day River; (c) This rule shall not apply to industrial use under permits with priority dates before December 2, 1986, on the John Day River between USGS Gage 14038530 near John Day and the mouth of the North Fork John Day River. [ED NOTE: Tables referenced are available from the agency.] 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
690-506-0060 Reservations (1) Waters of the Upper Mainstem Subbasin: Any application for a permit to store water in the subbasin for use in supplying irrigation uses or to meet adopted minimum perennial streamflow levels up to a total of 8,120 acre-feet shall be reserved for future appropriation effective January 30, 1987. (2) Waters of the Middle Mainstem Subbasin: Any application for a permit to store water in the subbasin for use in supplying irrigation uses or to meet adopted minimum perennial streamflow levels up to a total of 4,180 acre-feet shall be reserved for future appropriation effective January 30, 1987. (3) Waters of the Middle Fork Subbasin: Any application for a permit to store water in the subbasin for use in supplying irrigation uses or to meet adopted minimum perennial streamflow levels up to a total of 18,430 acre-feet shall be reserved for future appropriation effective January 30, 1987. (4) Waters of the North Fork Subbasin: Any application for a permit to store water in the subbasin for use in supplying irrigation uses or to meet adopted minimum perennial streamflow levels up to a total of 21,420 acre-feet shall be reserved for future appropriation effective January 30, 1987. (5) Waters of the Lower Subbasin: Any application for a permit to store water in the area drained by Rock Creek for use in supplying irrigation uses up to a total of 5,700 acre-feet shall be reserved for future appropriation effective January 30, 1987. 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