justicedao/ipfs_state_laws huggingface dataset:
690-100-0005 Purpose (1) ORS 541.830 and 542.075 authorize the Legislative Assembly to partially fund water development projects which afford public benefits, in proportion to those benefits. This legislation was enacted in 1981. (2) These rules provide the procedure for determining eligibility, applying for payment, determining public benefits and for the Water Resources Commission’s recommendation to the Governor and the Legislative Assembly. Statutory/Other Authority: ORS 541 & 542 History: WRD 9-1986, f. & ef. 7-22-86 WRD 5-1982, f. & ef. 6-1-82
690-100-0010 Definitions (1) “Affected local government” means any local government, as defined in OAR 690-005-0015, within whose jurisdiction water is or would be diverted, conveyed, or used in conjunction with a proposed or financed project. (2) “Director” — The director of the Water Resources Department or in his absence or inability to act, his designee. (3) “Legislative Assembly” — Regularly scheduled Legislative Assembly or the Emergency Board acting for the full assembly during interims between legislative sessions. (4) “Significant Public Benefit” — Synonymous with Public Benefit. (5) “Public Benefit” — The identifiable benefit of a water development project which contributes to the general well-being or enjoyment of the citizens of the State of Oregon, including, but not limited to, the maintenance or improvement of the following: (a) Aquatic life; (b) Wildlife; (c) Public recreation facilities; (d) Environmental enhancement; (e) Riparian (streamside) enhancement; (f) Flood control; (g) Pollution abatement; (h) Watershed management; (i) Esthetic enhancement; (j) Instream habitat improvement; (k) Streamflow augmentation; (l) Groundwater recharge. (6) “Reimbursable Public Benefit” — A public benefit that is identified by purpose and cost in a water resources project and application for “Request for Public Benefit Repayment.” (7) “Partial Repayment” — The amount recommended to the Legislature by the Water Resource Commission to partially pay for projects affording public benefits. The amount of partial repayment shall not exceed the cost of providing the public benefit in the water development project. (8) “Financed Projects” — Water development projects that will be financed under the Water Development Loan Program. (9) “Proposed Projects” — Water development projects that will be financed from sources other than the Water Development Loan Program. A Proposed Project may also be an existing project that will provide a public benefit due to a change in the purpose for which the project was constructed or managed. (10) “Environment Assessment” — A report, provided by the sponsor of a water development project, which identifies and evaluates the positive and negative impacts of the project as it relates to the public benefits defined in these Administrative Rules. (11) “Commission” — The Water Resources Commission. Statutory/Other Authority: ORS 197, 536, 541 & 542 History: WRD 12-1990, f. & cert. ef. 8-8-90 WRD 9-1986, f. & ef. 7-22-86 WRD 5-1982, f. & ef. 6-1-82
690-100-0015 Eligibility (1) To be eligible to apply for partial repayment of a project financed under the Water Development Loan Program, an applcant shall meet the definition of a Water Developer, as stated in ORS 541.700. (2) Any sponsor of a Proposed Project as defined in these rules is eligible for partial repayment of a water development project affording a public benefit. Statutory/Other Authority: ORS 541 & 542 History: WRD 9-1986, f. & ef. 7-22-86 WRD 5-1982, f. & ef. 6-1-82
690-100-0020 Application Procedure Information required in the application shall be in the format specified by the Water Resources Commission. The application shall include, but not be limited to, the following: (1) A description of the project, in summary form, which identifies each project purpose and the geographical location of the project. (2) A map which shows the project in relation to the U.S. Public Land Survey as well as political boundaries such as cities and counties. (3) An identification of the reimbursable public benefits requested for funding, stating the benefit and the dollar amount of its value, and description of methods used to compute the value. (4) An allocation of all of the costs of the project by purpose. (5) A feasibility study for the construction, operation and maintenance of the project. (6) A financing plan which details project funding sources as well as repayment capability. (7) An environmental assessment report which identifies and evaluates both the positive and negative impacts of the project as related to public benefits. (8) Land use information as outlined in the Department’s Land Use Planning Procedures Guide. (9) Any other information or data required by the Commission. Statutory/Other Authority: ORS 197, 536, 541 & 542 History: WRD 12-1990, f. & cert. ef. 8-8-90 WRD 9-1986, f. & ef. 7-22-86 WRD 5-1982, f. & ef. 6-1-82
690-100-0030 Commission’s Recommendation (1) The Commission, with the approval of the Governor, shall recommend to the Legislative Assembly funding of water development projects in proportion to the public benefits offered. (2) The Commission’s recommendation shall contain: (a) A description of the water development project, including the location and all of the purposes served by the project; (b) An identification of the public benefits afforded by the project, the dollar amount associated with those benefits and the cost of providing the public benefits; (c) The amount of repayment recommended to the Legislative Assembly for funding; (d) Any conditions placed on the project and project sponsors in exchange for funding by the State of Oregon; (e) A compliance agreement which, upon legislative approval, binds project sponsors to the terms and conditions imposed by the Legislative Assembly. (3) The Commission shall submit its recommendation within a reasonable time period after receipt of a complete application. Statutory/Other Authority: ORS 541 & 542 History: WRD 9-1986, f. & ef. 7-22-86 WRD 5-1982, f. & ef. 6-1-82
690-100-0035 Disbursement of Funds (1) Any funds appropriated by the Legislative Assembly for partial repayment of a financed water development project shall be deposited in the Water Development Administration and Bond Sinking Fund. The Director shall, upon satisfactory completion of the project, disburse such funds to the project sponsor. The Commission shall be the final judge of satisfactory completion of the project. (2) Any funds appropriated by the Legislative Assembly for the partial repayment of a proposed water development project shall be deposited in a separate account with the Water Resources Department. The Director shall, upon satisfactory completion of the project, disburse such funds to the project sponsor. The Commission shall be the final judge of satisfactory completion of the project. Statutory/Other Authority: ORS 541 & 542 History: WRD 9-1986, f. & ef. 7-22-86 WRD 5-1982, f. & ef. 6-1-82
690-100-0040 Compliance Agreement (1) A compliance agreement, in preliminary form, shall be submitted to the Legislative Assembly as part of the Commission’s Recommendation. The agreement shall, among other things, set forth the length of time the project is to be operated and maintained for public benefit. After approval by the Legislative Assembly, the compliance agreement shall be written in final form and executed by the project sponsor. (2) The Director shall be responsible for administering the terms of the compliance agreement. Statutory/Other Authority: ORS 541 & 542 History: WRD 9-1986, f. & ef. 7-22-86 WRD 5-1982, f. & ef. 6-1-82
690-100-0045 Public Disclosure (1) The Commission shall make public notice of each application for partial repayment of a project which shall contain a summary of the application including the names of the applicants, the location, nature of the project, and identify the public benefit claimed. (2) The notice shall be mailed to all persons and organizations which have filed a written request for notices with the Department and shall be posted at the Water Resources Department. (3) Individuals or groups wishing to comment on an application shall do so to the Commission in writing within 30 days following the date of mailing the notice. (4) The Commission shall hold a public hearing on an application if requested to do so by 10 or more persons, or any organization with 10 or more members, or any state agency if written request is filed with the Director within 30 days from date of mailing notice. Hearings shall be conducted according to procedures described in ORS Chapter 183 and division 1 of the Water Resources Department’s Administrative Rules. Statutory/Other Authority: ORS 541 & 542 History: WRD 9-1986, f. & ef. 7-22-86 WRD 5-1982, f. & ef. 6-1-82
690-190-0005 Purpose and Applicability (1) These rules describe the requirements under which the Oregon Water Resources Department will administer and enforce the provisions of ORS 537.545 relating to the recording of exempt groundwater use. Moneys from fees collected and deposited to the credit of the Water Resources Department Water Right Operating Fund shall be used for the purpose of evaluating groundwater supplies, conducting groundwater studies, carrying out groundwater monitoring, processing groundwater data and the administration and enforcement of ORS 537.545 and these rules. (2) These rules apply to: (a) Any water supply well constructor or permitted landowner with a landowner permit and bond that constructs a well to allow groundwater use for purposes that are exempt under ORS 537.545. (b) Each new well that is completed or existing well that is converted to allow groundwater use for purposes that are exempt under ORS 537.545. This includes wells that are drilled to replace an existing well. (3) These rules do not apply to: (a) A well that is repaired, deepened, or altered. (b) A water supply well that is permanently abandoned pursuant to OAR 690-220 within 30 days of well completion. Statutory/Other Authority: ORS 536.027, ORS 536.900 & ORS 537.992 Statutes/Other Implemented: ORS 537.505-537.795, ORS 536.900 & ORS 537.992 History: WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023 WRD 6-2009, f. & cert. ef. 11-23-09
690-190-0010 Definitions (1) “Converting” has the same meaning as defined in ORS 537.515(3). (2) “Department” means the Oregon Water Resources Department. (3) “Director” means the Director of the Oregon Water Resources Department. (4) “Recording” means the filing of a map locating any new or converted well that is completed to allow groundwater use for purposes that are exempt under ORS 537.545, and the fee, in the amount established under 537.545, for each new or converted well that is completed. (5) “Landowner” means the owner of land at the time a well(s) subject to these rules is completed. (6) “Well Completion” means the end of construction date reported on the water supply well report. (7) “Well Identification Number” means the stamped well number on the stainless steel label that is attached to the well. (8) "Water Supply Well Constructor" means any person who has a current water supply well constructor's license with a water supply well endorsement issued in accordance with ORS 537.747(3) or with a water supply well temporary authorization endorsement issued in accordance with ORS 537.747(3), ORS 670.400, and ORS 670.403. Statutory/Other Authority: ORS 536.027, ORS 537.505-537.795, ORS 670.400 & ORS 670.403 Statutes/Other Implemented: ORS 537.505-537.795, ORS 670.400 & ORS 670.403 History: WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023 WRD 6-2009, f. & cert. ef. 11-23-09
690-190-0100 Recording Requirements The person licensed under ORS 537.747 or permitted under ORS 537.753 (4) that constructs a well to allow groundwater use for a purpose that is exempt under ORS 537.545 (1) shall submit the following to the Department, along with the well report required by ORS 537.765, no later than 30 days after well completion: (1) A tax lot map showing the location of the completed well on the property, that includes: (a) A map reference number (Township, Range and Section). (b) Location of the completed well by the latitude and longitude as established by a global positioning system or with distances (north/south and east/west) indicated from an identified property boundary, property corner or survey corner. Multiple wells may be shown on one tax lot map. (c) Location of well(s) in relation to nearest driveway, access road and permanent structures. (d) The direction of north marked on the map. (e) Well Identification Number for each completed well. (f) Street address of the completed well if available. (2) A map submitted under a Department-approved electronic mapping program satisfies the requirements under section (1). (3) An exempt groundwater use recording fee in the amount established under ORS 537.545. Statutory/Other Authority: ORS 536.027, ORS 537.505-537.795, ORS 536.900 & ORS 537.992 Statutes/Other Implemented: ORS 537.505-537.795, ORS 536.900 & ORS 537.992 History: WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023 WRD 6-2009, f. & cert. ef. 11-23-09
690-190-0200 Compliance and Enforcement (1) If the Department determines that a water supply well constructor or permitted landowner has not met the requirements of these rules, the Department shall notify the water supply well constructor or permitted landowner of the specific nature of the requirements that have not been met. (2) The Department shall, within 120 days of receipt of the map and fee, notify the water supply well constructor or permitted landowner of the recording requirements that have not been met. (3) Failure to meet the requirements of these rules may result in formal enforcement action(s). This action(s) may include: (a) Establishing a specified time for bringing the water supply well constructor or permitted landowner into compliance, (b) Assessment of a civil penalty following procedures outlined in OAR 690-225 rules for water supply well constructors and OAR 690-260 rules for permitted landowners. Violations under these rules are considered Class III Minor violations for permitted landowners and Minor violations for water supply well constructors, or (c) Any other action authorized by law. Statutory/Other Authority: ORS 536.027, ORS 536.900, ORS 537.505-537.795 & ORS 537.992 Statutes/Other Implemented: ORS 536.900, ORS 537.505-537.795 & ORS 537.992 History: WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023 WRD 6-2009, f. & cert. ef. 11-23-09
690-200-0020 General Statement About the Standards (1) The rules and regulations set forth herein provide the minimum standards for the construction, conversion, alteration, maintenance, and abandonment of water supply wells. After the effective date of adoption of these rules and regulations, no water supply well shall be constructed, altered, converted, or abandoned contrary to the provisions of these rules and regulations without prior approval from the Water Resources Department. Violation of these standards may result in enforcement under OAR chapter 690, division 225, including suspension or revocation of a constructor's license, imposition of civil penalties on the landowner or constructor, action on a bond, or other sanctions authorized by law. (2) Every well shall be designed and constructed to adapt to the existing local geologic and ground water conditions at the well site and shall fully utilize every natural protection to the ground water supply. If prior to or during construction the well constructor becomes aware that specific site conditions will not allow adherence to the following minimum well standards, the constructor shall request and obtain written approval from the Director to use alternative construction methods, materials or standards. The request shall be in writing and submitted to the Director as described in OAR 690-200-0021. Special standard approval from the Director must be obtained prior to completion of the well. (3) Certain wells constructed under these rules may be suitable for use as public, community, municipal, or public utility supplies. Regulations administered by other agencies may apply in addition to those in this chapter (see Appendix 200-1). [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 536.027, ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992 Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992 History: WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023 WRD 5-2015, f. & cert. ef. 7-1-15 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 7-1988, f. & cert. ef. 6-29-88 WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-060-0008 & 690-060-0040 WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79
690-200-0021 Special Standards (1) Site conditions may require specific design, construction, and abandonment procedures to adapt to the existing local geologic and ground water conditions to fully utilize every natural protection to the state’s ground water. Specific site conditions may require different design, construction, setback, or abandonment standards than required by the Water Supply Well construction rules. Alternative technologies or methods not addressed in these rules may also exist which could be effectively utilized in the construction or abandonment of a water supply well. Prior to the completion of the well, a bonded constructor must request and receive approval from the Department to use methods or materials that do not meet the water supply well construction standards. The Department may approve such requests either orally or in writing. If oral approval is granted, the written request must be submitted to the Department within three working days of the date of the oral approval. Failure to submit a written request as described above may void the prior oral approval. The proposed methods or materials shall provide at least the same level of resource protection as that which is provided by these rules. (2) The written request for special standards shall include: (a) Name, license number and signature of the bonded well constructor; (b) Location of the well by county, township, range, section, tax-lot (if assigned), 1/4, 1/4 section, and Latitude and Longitude as established by a global positioning system; (c) Name and address of landowner; (d) Address of the project/well site; (e) Type of work; (f) The distance to the nearest septic tank, drainfield, closed sewage line, and closed storm drainage system; (g) The reasons(s) that conformance to the rules and regulations for water supply wells cannot be met; (h) A diagram and written description showing the proposed water supply well design, construction, or abandonment; (i) A site map showing the relationship of the well to any existing septic tank, drainfield, closed sewage line, and closed storm drainage system, if the request is to place a well within the minimum setbacks described in OAR 690-210-0030; (j) The well identification number, if assigned; (k) The start card number; and (l) Any associated well report numbers if special standard request is for alteration or abandonment. Statutory/Other Authority: ORS 536.027, ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992 Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992 History: WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023 Renumbered from 690-210-0015 by WRD 7-2001, f. & cert. ef. 11-15-01 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
690-200-0025 Special Area Standards If at any time, the Commission finds that different or supplemental standards are required for the safe development of ground water from any aquifer or area, special area standards for the construction and maintenance of water supply wells within such areas may be adopted as rules by the Commission. In the absence of such special area standards, these rules constitute the sole administrative standards of the Water Resources Department governing construction, conversion, maintenance, alteration, and abandonment of water supply wells. Statutory/Other Authority: ORS 536.027, 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 7-1988, f. & cert. ef. 6-29-88 WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-060-0045 WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79
690-200-0027 Restrictions on Water Supply Well Construction and Use in Critical Groundwater Areas or Areas Withdrawn by Commission Order (1) The use of ground water is restricted in Critical Ground Water Areas or Withdrawal Areas established by Commission Order, under ORS 537.735 and 536.410. Before constructing a water supply well, the constructor shall determine whether the proposed well site is within a Critical Ground Water or Withdrawal Area. (Refer to Figure 200-1.) (2) If the water supply well is within a Critical Ground Water or Withdrawal Area, the constructor shall contact the watermaster for the county where the water supply well is to be constructed for more information. (Refer to Table 200-2.) (3) Construction of water supply wells in violation of a critical ground water or withdrawal order are subject to enforcement action as described in OAR 690, division 225. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 536.027, ORS 536.090, ORS 537.505-537.795 & ORS 536.410 Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795 & ORS 536.410 History: WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023 WRD 7-2001, f. & cert. ef. 11-15-01 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 7-1988, f. & cert. ef. 6-29-88
690-200-0030 Public Safety No water supply well shall be constructed, maintained, or abandoned in such a manner as to constitute a health threat, or health hazard or a menace to public safety. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 7-2001, f. & cert. ef. 11-15-01 WRD 21-1990, f. & cert. ef. 12-14-90 WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86 WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79, Renumbered from 690-060-0010 WRD 3, f. & cert. ef. 2-18-77
690-200-0040 Wells Cannot be Used for Disposal of Contaminants No water supply well shall be used as a disposal pit for sewage, industrial waste, or other materials that could contaminate the ground water supply. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: WRD 7-2001, f. & cert. ef. 11-15-01 Renumbered from 690-062-0025 by WRD 13-1983, f. 10-7-86, ef. 11-1-86 WRD 9-1978, f. 12-12-78, ef. 1-1-79
690-200-0041 Water Used Must be Potable All water used in the construction, alteration, repair or abandonment of water supply wells shall be potable. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: Renumbered from 690-210-0040 by WRD 7-2001, f. & cert. ef. 11-15-01 WRD 13-1986, f. 10-7-86, ef. 11-1-86
690-200-0042 Organic Materials Organic materials which foster or promote undesired organic growth or have the potential to degrade water quality shall not be employed in the construction of a water supply well. This includes, but is not limited to, brans, hulls, grains, starches, and proteins. Statutory/Other Authority: ORS 183, 536, 537 & 540 Statutes/Other Implemented: ORS 183, 536, 537 & 540 History: Renumbered from 690-210-0050 by WRD 7-2001, f. & cert. ef. 11-15-01 WRD 7-1988, f. & cert. ef. 6-29-88 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0076 WRD 9-1978, f. 12-12-78, ef. 1-1-79
690-200-0043 Commingling of Waters A water supply well shall not be constructed in a manner that allows commingling or leakage of ground water by gravity flow or artesian pressure from one aquifer to another. See definition of aquifer. Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795 Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795 History: Renumbered from 690-210-0080 by WRD 7-2001, f. & cert. ef. 11-15-01 WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94 WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0061 WRD 9-1978, f. 12-12-78, ef. 1-1-79