justicedao/ipfs_state_laws huggingface dataset:
603-095-1620 Geographic and Programmatic Scope (1) The Middle Deschutes Agricultural Water Quality Management Area includes the Trout Creek and Willow Creek drainages, and the area along the eastern side of the Deschutes River between Trout Creek and Crooked River and east of Crooked River between confluence with Deschutes River and Sherwood Canyon to the north and Smith Rock to the south. The physical boundaries of the Management Area are indicated on the map included as Attachment 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Middle Deschutes Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of Tribal Trust lands or public lands managed by federal agencies. (3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules. (4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Middle Deschutes Agricultural Water Quality Management Area. (5) For lands in agricultural use within other Designated Management Agencies’ or state agency jurisdictions, the department and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur. [ED. NOTE: Attachments referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 20-2001, f. & cert. ef. 9-20-01
603-095-1640 Required Prevention and Control Measures (1) Landowners must comply with OAR 603-095-1640(2) through (6) within the following limitations: A landowner is responsible for only those conditions resulting from activities controlled by the landowner. A landowner is not responsible for conditions resulting from activities by landowners on other lands. A landowner is not responsible for conditions that: are natural, could not have been reasonably anticipated, or that result from unusual weather events or other exceptional circumstances. (2) Streamside Area: (a) By January 1, 2005, activities must allow the establishment and development of riparian vegetation, consistent with site capability, for streambank stability and stream shading. (b) By January 1, 2005, activities must allow the establishment and development of vegetation or the presence of an equally effective erosion control device or practice for filtering out sediments before they enter perennial streams. (3) Instream structures: (a) Effective on rule adoption, temporary irrigation diversions must: (A) Be constructed and operated only during periods of irrigation. (B) Not hinder channel carrying capacity between November 1 and March 1 to accommodate anticipated or expected seasonal streamflow. (C) Not increase instream turbidity during operation by more than 10%, compared to a point just upstream of the diversion. (b) By January 1, 2007, temporary irrigation diversions must not contribute to channel instability. (4) Waste Management: Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050. (5) Irrigation Tailwater: Effective on rule adoption, irrigation tailwater must not increase the turbidity of the perennial stream into which it drains by more than 10%, compared to a point just upstream of the tailwater discharge. (6) Nutrients: Effective on rule adoption, nutrient application rates and timing must not exceed specific crop requirements. Crop nutrients will be based on recommendations from the best available data applicable to a specific site. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 44-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 20-2001, f. & cert. ef. 9-20-01
603-095-1660 Complaints and Investigations (1) When the department receives notice of an apparent occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency. (2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted. (3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department. (4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-1660(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of: (a) The waters of the state allegedly being damaged or impacted; and (b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder. (5) As used in section OAR 603-095-1660(4), “person” does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-1660, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety. (7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 20-2001, f. & cert. ef. 9-20-01
603-095-1700 Purpose – Walla Walla (1) These rules have been developed to implement a water quality management area plan for the subbasin pursuant to authorities vested in the department through ORS 568.900–568.933. The area plan is known as the Walla Walla Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Walla Walla Agricultural Water Quality Management Area, for the prevention and control of water pollution from agricultural activities and soil erosion. Compliance with division 95 rules is expected to aid in the achievement of applicable water quality standards in the Walla Walla River Subbasin. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 45-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 17-2002, f. & cert. ef. 6-14-02
603-095-1720 Geographic and Programmatic Scope (1) The Walla Walla Agricultural Water Quality Management Area includes the area in Oregon that drains into the Walla Walla River. The physical boundaries of the Walla Walla River Subbasin are indicated on the map included as Appendix 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Walla Walla Agricultural Water Quality Management Area in agricultural use and agricultural and rural lands which are lying idle or on which management has been deferred, with the exception of public lands managed by federal agencies and activities that are subject to the Oregon Forest Practices Act. (3) The provisions of these rules apply to all agricultural land whether or not in current productive agricultural use. (4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Walla Walla River Subbasin. (5) For lands in agricultural use within other Designated Management Agencies or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 17-2002, f. & cert. ef. 6-14-02
603-095-1760 Complaints and Investigations (1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency. (2) Each notice of an alleged occurrence of agricultural pollution shall be evaluated in accordance with the criteria in ORS 568.900 through 568.933 or any rules adopted thereunder to determine whether an investigation is warranted. (3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 through 568.933 or any rules adopted thereunder may file a complaint with the department. (4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-1760(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of: (a) The waters of the state allegedly being damaged or impacted; and (b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 through 568.933 or any rules adopted thereunder. (5) As used in section OAR 603-095-1760(4), “person does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-1760(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety. (7) If the department determines that a violation of ORS 568.900 through 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OAR 603-090-0060 through 603-090-0120. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 17-2002, f. & cert. ef. 6-14-02
603-095-1800 Purpose - Wallowa (1) These rules have been developed to implement a water quality management area plan for the Wallowa Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900–568.933. The area plan is known as the Wallowa Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Wallowa Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion. Compliance with division 95 rules is expected to aid in the achievement of applicable water quality standards in the Wallowa Agricultural Water Quality Management Area. (3) Failure to comply with any provisions of the Wallowa Agricultural Water Quality Management Area Plan: (a) Does not constitute a violation of OAR 603-095-0000 to 603-090-0120, or of 603-095-0010 to 635-095-1860; (b) Is not intended by the department to be evidence of a violation of any federal, state, or local law by any person. (4) Nothing in the Wallowa Agricultural Water Quality Management Area Plan shall be: (a) Construed as an effluent limitation or standard under the federal Water Pollution Control Act, 33 USC § 1251–1376; (b) Used to interpret any requirement of OAR 603-095-1800 to 635-095-1860. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 47-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 21-2001, f. & cert. ef. 9-20-01
603-095-1820 Geographic and Programmatic Scope (1) The Wallowa Agricultural Water Quality Management Area includes Wallowa River, Lower Grande Ronde River and Imnaha River subbasins. The physical boundaries of the Management Area are indicated on the map included as Appendix 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Wallowa Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies and Tribal Trust Lands. (3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules. (4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Wallowa Agricultural Water Quality Management Area. (5) For lands in agricultural use within other Designated Management Agencies’ or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 21-2001, f. & cert. ef. 9-20-01
603-095-1840 Required Prevention and Control Measures (1) Limitations. A landowner shall be responsible for only those conditions caused by activities conducted on land managed by the landowner. Criteria do not apply to conditions resulting from unusual weather events or other exceptional circumstances which could not have been reasonably anticipated. (2) Excessive Sheet and Rill Erosion: (a) By January 1, 2006, soil erosion will be reduced to the “Soil Loss Tolerance Factor” or “T.” (b) For croplands which the department determines cannot practically or economically achieve “T” soil erosion will be reduced to 5 tons per acre per year averaged over the length of the rotation. (c) Reduction of soil erosion will be calculated by the Revised Universal Soil Loss Equation (RUSLE), with supporting data from the Natural Resource Conservation Service Field Office Technical Guide and similar data from other credible sources. (3) Excessive Gully Erosion: (a) By January 1, 2006, no person shall cause conditions on the land that contribute to gully erosion delivering sediment directly to the waters of the state. Gullies are defined as channels which at the largest dimension have a cross sectional area of at least one square foot and which occur at the same location for two or more consecutive years. (b) No violation of this condition will be deemed to have occurred if the affected landowner has established and maintained a department or local Designated Management Agency approved effective management program. An effective management program shall provide assurance that reasonable steps have been taken to lessen and manage gully formation. (4) Pollution Control and Waste Management. Effective on rule adoption: No person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050. (5) Streamside Conditions. By January 1, 2006, no person may contribute to conditions that preclude establishment and development of adequate riparian vegetation for streambank stability and shading, consistent with site capability. (6) Irrigation Return Flow: (a) By January 1, 2006, no person may cause bacteria levels in irrigation tailwater to exceed state water quality standards. When the irrigation water at the point of initial application already exceeds the bacteria standard, then the bacteria level in the tailwater cannot be higher than the level in the irrigation water at the point of initial application. (b) A landowner shall be responsible for only those conditions caused by activities conducted on land managed by the landowner. Criteria do not apply to conditions resulting from unusual weather events, natural background levels of bacteria or other exceptional circumstances which could not have been reasonably anticipated. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 - 561.191 & 568.909 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 48-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 21-2001, f. & cert. ef. 9-20-01
603-095-1860 Complaints and Investigations (1) When the department receives notice of an apparent occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency. (2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted. (3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department. (4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-1860(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of: (a) The waters of the state allegedly being damaged or impacted; and (b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder. (5) As used in section OAR 603-095-1860(4), “person” does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-1860, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety. (7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 21-2001, f. & cert. ef. 9-20-01
603-095-1900 Purpose - Molalla/Pudding/French Prairie/North Santiam Subbasins (1) The purpose of these rules is to outline requirements for landowners in the Molalla/Pudding/French Prairie/North Santiam Subbasins for the prevention and control of water pollution from agricultural activities and soil erosion. Compliance with division 095 rules is expected to aid in the achievement of applicable water quality standards in the Molalla/Pudding/French Prairie/North Santiam Subbasins. (2) It is intended that the Molalla/Pudding/French Prairie/North Santiam Subbasins Agricultural Water Quality Management Area Plan will aid in achieving compliance with these rules through education and promotion of voluntary land management measures. (3) Failure to comply with any provisions of the Molalla/Pudding/French Prairie/North Santiam Subbasins Agricultural Water Quality Management Area Plan: (a) Does not constitute a violation of OAR 603-090-0000 to 603-090-0120, or of 603-095-1900 to 603-095-1980; (b) Is not intended by the department to be evidence of a violation of any federal, state, or local law by any person. (4) Nothing in the Molalla/Pudding/French Prairie/North Santiam Subbasins Agricultural Water Quality Management Area Plan shall: (a) Construed as an effluent limitation or standard under the Federal Water Pollution Control Act, 33 USC § 1251–1376; (b) Used to interpret any requirement of OAR 603-095-1900 through 603-095-1980. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 49-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 3-2002, f. & cert. ef. 1-18-02
603-095-1920 Geographic and Programmatic Scope (1) The Molalla/Pudding/French Prairie/North Santiam Subbasins includes the drainage areas of the Molalla, Pudding, North Santiam, and Santiam Rivers. In the area known as French Prairie, all the creeks and drainages between the towns of Saint Paul and Donald that flow directly into the Willamette River are also part of this management area. The Willamette River is the western boundary. The physical boundaries of the Molalla/Pudding/French Prairie/ North Santiam Subbasins are indicated on the map included as Appendix 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Molalla/Pudding/French Prairie/North Santiam Subbasins in agricultural use, agricultural and rural lands which are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies and activities which are subject to the Forest Practices Act. (3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules. (4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Molalla/Pudding/French Prairie/North Santiam Subbasins. (5) For lands in agricultural use within other Designated Management Agencies or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 3-2002, f. & cert. ef. 1-18-02