justicedao/ipfs_state_laws huggingface dataset:
690-310-0200 Final Order for Proposed Use of Ground Water If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Director determines that the proposed use of ground water does not ensure the preservation of the public welfare, safety and health as described in ORS 537.525, the Director shall issue a final order rejecting the application or modifying the proposed final order as necessary to ensure the preservation of the public welfare, safety and health as described in ORS 537.525. If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Director determines that the proposed use would ensure the preservation of the public welfare, safety and health as described in ORS 537.525, the Director shall issue a final order approving the application or otherwise modifying the proposed final order. A final order may set forth any of the provisions or restrictions to be included in the permit concerning the use, control and management of the water to be appropriated for the project. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.625 History: WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0210 Contested Case Hearing on Final Order If a contested case hearing is not held prior to the issuance of the final order: (1) Where the final order modifies the proposed final order, the applicant may request and the Department shall schedule a contested case hearing as provided under OAR 690-310-0170 by submitting the information required for a protest under OAR 690-310-0160 within 14 days after the Director issues the final order. The issues on which a contested case hearing may be requested and conducted under this paragraph shall be limited to issues based on the modifications to the proposed final order. (2) Only the applicant or a protestant may appeal the provisions of the final order in the manner established in ORS 183.310 to 183.550 for appeal of order other than contested cases. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.170 & 537.625 History: WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0220 Final Determination of Whether Proposed Use of Surface Water Would Impair or Be Detrimental to Public Interest or Whether Proposed Use of Ground Water Would Preserve the Public Welfare, Safety and Health (1) If the presumption of public interest under OAR 690-310-0110 or 690-310-0130 is overcome, then before issuing a final order, the Director or the Commission, if applicable, shall make the final determination of whether the proposed use or the proposed use as modified in the proposed final order would impair or be detrimental to the public interest by considering the factors set forth in ORS 537.170(8) or, if the application is for the use of ground water, whether the proposed use or the proposed use as modified in the proposed final order would preserve the public welfare, safety and health as described in ORS 537.525 by considering the factors set forth in ORS 537. (2) In developing the final order, the Director shall consider all comments and protests received and all findings of the Department, but the final order need not separately address each comment and protest received. (3) Upon issuing a final order, the Director shall notify the applicant and each person who submitted written comments or protests or otherwise requested notice of the final order and send a copy of the final order to any person who requested a copy and paid the fee required under ORS 536.050. Within seven days after issuing the final order, the Department also shall publish notice of the final order by publication in the weekly notice published by the Department. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.170 & 537.625 History: WRD 5-2004, f. & cert. ef. 6-15-04 WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0230 Exceptions Any party may file exceptions to the hearings referee’s proposed order in the manner provided in OAR 690-002-0175. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.173 & 537.626 History: WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0240 Approval, Condition or Rejection of Permit Application Generally (1) When an application discloses the probability of wasteful use or undue interference with existing wells or that any proposed use or well will impair or substantially interfere with existing rights to appropriate surface water by others, or that any proposed use or well will impair or substantially interfere with existing rights to appropriate ground water for the beneficial use of the water less than 250°F for its thermal characteristics, the Department may impose conditions or limitations in the permit to prevent the same or reject the application after hearing, or, in the Department’s discretion, request the Water Resources Commission to initiate a rulemaking proceeding to declare the affected area a critical ground water area under ORS 537.730 to 537.740. (2)(a) When an application discloses the probability that a proposed use or well will impair or interfere with the ability to extract heat from a well with a bottom hole temperature of at least 250°F, the Department may: (A) Approve the permit; (B) Impose conditions or limitations in the permit to prevent the probable interference or impairment; (C) After a hearing under ORS 537.622, reject the application; or (D) Request the Commission to initiate a rulemaking proceeding to declare the affected area a critical ground water area under ORS 537.730 to 537.740. (b) In deciding whether to issue, deny or condition a permit under this subsection, the Department shall consider any orders or permits applicable to the ground water reservoir issued by the State Geologist or the governing board of the State Department of Geology and Mineral Industries under ORS Chapter 522. (3) The Department may issue a permit for a water use that is conditioned or modified from the use originally proposed in the application only if the conditioned or modified use does not change the source of the water, increase the amount of land appurtenant to the water use or enlarge the proposed use of water in any way. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.190 & 537.629 History: WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0250 Permit Conditions Related to Well Construction and Maintenance All permits for use of water from wells shall provide that the well shall be constructed in accordance with the Water Resources Department’s General Standards for the Construction and Maintenance of Wells in Oregon. All permits shall further provide that the well may be controlled or shut off if a determination is made, in accordance with OAR 690-009, that it caused substantial interference with a surface water source. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.628, 537.629 & 537.780 History: WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0270 Timelines (1) Except as provided in section (2) of this rule, the Department shall issue a final order or schedule a contested case hearing on an application for a water right within 180 days after the Department proceeds with the application under OAR 690-310-0080(2). (2) At the request of the applicant, the Department may extend the 180-day period set forth in section (1) of this rule for a reasonable period of time. The extension shall not exceed 180 days except upon a finding by the Director that a longer extension is reasonable and necessary. (3) If a contested case hearing is held, the Department shall issue a final order: (a) Within 270 days after scheduling the hearing for a contested case proceeding that involves three or more parties not including the Department; and (b) Within 180 days after scheduling the hearing for all other contested case proceedings. (4) If the applicant does not request an extension under section (2) of this rule and the Department fails to issue a proposed final order or schedule a contested case hearing on an application for a water right within 180 days after the Department proceeds with the application under OAR 690-310-0080(2), the applicant may apply in the Circuit Court for Marion County for a writ of mandamus to compel the Department to issue a final order or schedule a contested case hearing on an application for a water right. If the application is for an out-of-stream use or for the use of ground water, the writ of mandamus shall compel the Department to issue a water right permit, unless the Department shows by affidavit that to issue a permit may result in harm to an existing water right holder. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.175 & 537.627 History: WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0275 Applicability of Mandatory Timelines The mandatory timelines set forth in division 310 for processing applications shall not apply to applications filed before October 31, 1996. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: Sec. 46, Ch. 416 & OL 1995 History: WRD 1-1996, f. & cert. ef. 1-31-96
690-310-0280 Assignment of Application Assignment or change of ownership of application: (1) When a change of interest or ownership occurs in lands covered by a pending application the record holder may request, in writing, the Director to record the assignment to the new owner; (2) Should the record holder of the application be unavailable, the current owner of the property involved may furnish proof of such ownership to the Commission to obtain ownership of the application. The Department shall also record a change in ownership to an heir or devisee under a will upon receiving proof of death of the record holder, or to a trustee upon receiving proof of a transfer to trust by the record holder. Proof of ownership of the involved lands shall include, but not be limited to one or more of the following documents: (a) A copy of the deed to the land; (b) A copy of a land sales contract; (c) A court order or decree; or (d) Documentation of survivorship of property held jointly. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.220 & 537.635 History: WRD 3-2007, f. 3-28-07, cert. ef. 3-29-07 WRD 1-1996, f. & cert. ef. 1-31-96
690-315-0030 Application for Extension of Time to Begin Construction on Storage Projects (1) Counties, municipalities or districts constructing new storage projects pursuant to ORS 537.248 may apply for extensions of time to begin construction. (2) To apply for an extension of time under this rule, a water right permit holder shall submit to the Department a completed application for extension of time. A separate application must be completed for each permit. Application forms are available from the Department. (3) The completed application to begin construction must include the fee specified in ORS 536.050 and an application form setting forth: (a) The name and mailing address of the water right permit holder(s); (b) The permit number for which an extension is requested; (c) A summary of any unforeseen events which delayed the beginning of construction; (d) The date by which the water development will be completed and water applied to the full beneficial use; (e) A justification of why the requested time is needed to begin construction and fully apply water to beneficial use; (f) Any additional information the applicant determines is relevant to evaluate the application in accordance with applicable statutory requirements and these rules; and (g) Any other information required in the application form that is necessary to evaluate the application in accordance with applicable statutory requirements. (4) If the Department does not receive an extension application 90 days after the required date specified by the permit to begin construction or previous permit extension, the Department may begin cancellation proceedings on the permit pursuant to ORS 537.410. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 536.050, 537.230, 537.248, 537.630 & 539.010 History: WRD 2-2005, f. & cert. ef. 11-22-05 WRD 4-1998, f. & cert. ef. 11-2-98
690-315-0060 Proposed Final Order Hearing Rights (1) The applicant or any other person adversely affected or aggrieved by the proposed final order described in OAR 690-315-0050(2) may submit a written protest to the proposed final order. The written protest must be filed within 45 days from the date of publication of the proposed final order in the Department's weekly notice. (2) A written protest shall include: (a) The name, address and telephone number of the petitioner; (b) A description of the petitioner's interest in the proposed final order and if the protestant claims to represent the public interest, a precise statement of the public interest represented; (c) A detailed description of how the action proposed in the proposed final order would adversely affect or aggrieve the petitioner's interest; (d) A detailed description of how the proposed final order is in error or deficient and how to correct the alleged error or deficiency; (e) Any citation of legal authority supporting the petitioner, if known; (f) Proof of service of the protest upon the water right permit holder, if petitioner is other than the water right permit holder; and (g) The protest fee required under ORS 536.050, if petitioner is other than the water right permit holder. (3) Within 60 days after the close of the period for requesting a contested case hearing, the Director shall: (a) Issue a final order on the extension request; or (b) Schedule a contested case hearing if a protest has been submitted, and: (A) Upon review of the issues, the director finds there are significant disputes related to the proposed agency action; or (B) The applicant submits a written request for a contested case hearing within 30 days after the close of the period for submitting protests. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 536.050, 537.230, 537.248, 537.630 & 539.010 History: WRD 2-2005, f. & cert. ef. 11-22-05 WRD 4-1998, f. & cert. ef. 11-2-98
690-315-0090 Time of Extensions and Additional Development of Municipal and Quasi-Municipal Water Use Permits (1) Extensions may be granted for the reasonable time necessary to complete water development or apply all the water to beneficial use. (2) A holder of a municipal or quasi-municipal water use permit is not precluded from seeking additional extensions of time as provided in OAR 690-315-0070 through 690-315-0100. (3) Except as provided in subsection (4) and (5), any water right permit extended under OAR 690-315-0070 to 690-315-0100 shall be conditioned to provide that diversion of water beyond the maximum rate, or duty if applicable, diverted for beneficial use before the extension shall only be authorized upon issuance of a final order approving a Water Management and Conservation Plan. The required Water Management and Conservation Plan shall be submitted within 3 years of an approved extension application. (4) Quasi-municipal water use permit holders that serve a population of less than 1000 are not subject to subsection (3) of this rule unless on review of the criteria under 690-315-0080(1) and (2) the Department determines that compliance with subsection (3) of this rule is necessary. (5) Quasi-municipal water use permit holders that can reasonably demonstrate that fewer than 5 years is necessary to complete construction and apply the water to beneficial use are not subject to subsection (3) of this rule unless on review of the criteria under 690-315-0080(1) and (2) the Department determines that compliance with subsection (3) of this rule is necessary. Additional extensions that, together with the initial extension, exceed a cumulative total of 5 years will be subject to the requirements of subsection (3) above. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 537.230, 537.248, 537.630 & 539.010 History: WRD 2-2005, f. & cert. ef. 11-22-05 WRD 4-2002, f. & cert. ef. 11-1-02
690-315-0100 Department Action on Extension Applications by Holders of Municipal Water Supply Permits If the Department finds an applicant has submitted a completed application as required under 690-315-0070, the Department shall process the application as established under 690-315-0050(1) through (5) and 690-315-0060. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 537.230, 537.248, 537.630 & 539.010 History: WRD 4-2002, f. & cert. ef. 11-1-02
690-320-0020 Cancellation of Permit When it appears from an onsite examination by the Water Resources Department that no appropriation has been made under the terms of the permit, or that use once made has undergone a period of five successive years of nonuse, a certified letter of intent to cancel the permit shall be sent to the permittee, allowing 60 days from the date of the letter for response. Failure to respond during the 60-day period shall result in cancellation of the permit. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 536.220, 536.300, 536.310, 537.260, 537.410 - 537.450, 540 & 543 History: WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-011-0210 WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-011-0100 WRD 16-1990, f. & cert. ef. 8-23-90 WRD 6-1987, f. & ef. 6-11-87
690-320-0030 Claims of Beneficial Use for Applications Filed After June 30, 1987 Except for applications filed under the provisions of OAR 690-340-0220, all final proof surveys and claims of beneficial use for applications filed after July 9, 1987 shall be performed by Certified Water Right Examiners. Applicants prior to July 10, 1987, may either wait for the Department to perform the final proof survey on its own schedule or may hire a certified Water Right Examiner. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.797, 537.798 & 537.799 History: WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-011-0215 WRD 5-1994, f. & cert. ef. 4-13-94 WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-011-0103 WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88
690-320-0040 Incremental Perfection of a Municipal Water Right (1) A municipal supplier may incrementally perfect a portion of the quantity of water authorized by any of its municipal water use permits. For the purpose of incrementally perfecting water rights, a municipal supplier means: (a) Any incorporated city, village, or town; (b) A port formed under ORS 777.005 to 777.725 and 777.915 to 777.953; (c) A domestic water supply district formed under ORS Chapter 264; or (d) A water supply authority formed under ORS Chapter 450. (2) The portion of water use that may be incrementally perfected by a municipal supplier shall not be less than 25 percent of the quantity originally authorized by permit. The perfection, or proof of appropriation, of each increment of water shall conform to the proof of appropriation requirements of OAR 690-330-0010. (3) When a portion of a permit issued for municipal use is perfected by a municipal supplier, the remaining unperfected quantity of water shall remain in permit status without loss of priority. The increment of water perfected and confirmed by certificate shall be subtracted from the quantity of water originally authorized by permit. The remainder shall be the quantity of water subject to future perfection under the terms of the permit. (4) A municipal supplier shall notify the Department, in writing, of its intent to incrementally perfect a portion of its water right. Written notice shall include the following information: (a) The quantity of water diverted from each point of diversion, by month, for the preceding three years; (b) A plan of how the municipal supplier intends to develop successive increments of its water right; and (c) Maps that show where water will be put to use. Maps accompanying notification of intent to perfect an increment of a water right shall be prepared to the specifications described in OAR 690-310-0050, except that a standard even scale less than 4” = one mile may be used if appropriate. (5) Municipal suppliers that incrementally perfect less than the full quantity of water authorized by permit may request further extension of the time limit to complete construction and apply water to beneficial use for the remaining, unperfected quantity of water. OAR 690-320-0010 governing extension of time limits applies to unperfected municipal water rights. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 536.220, 536.300, 536.310, 537.260 & 540 History: WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-011-0235 WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-011-0130 WRD 19-1990, f. & cert. ef. 12-14-90
690-320-0050 Temperature Control Where a permit has been issued for use of water for temperature control (either heat or cold), a report detailing the amount of water used, the times of application and conditions requiring the use of water for temperature control shall be required annually. These shall be required as an element of proof of appropriation to the satisfaction of the Department prior to issuance of a confirming water right certificate. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.170, 537.250, 537.525 & 537.630 History: WRD 1-1996, f. & cert. ef. 1-31-96
690-320-0060 Assignment or Change of Ownership of a Permit or Groundwater Registration (1) When a change of interest or ownership occurs in lands covered by a permit or groundwater registration, the record holder may request, in writing, the Director to record the assignment of a new owner. (2) Should the record holder of the permit or groundwater registration be unavailable, the current owner of the property involved may furnish proof of such ownership to the Commission to obtain ownership of the permit or registration. The Department shall also record a change in ownership to an heir or devisee under a will upon receiving proof of a transfer to trust by the record holder. Proof of ownership of the involved lands shall include, but not be limited to one or more of the following documents: (a) A copy of the deed to the land; (b) A copy of a land sales contract; (c) A court order or decree; or (d) Documentation of survivorship of property held jointly. Statutory/Other Authority: ORS 536.025 & 536.027 Statutes/Other Implemented: ORS 537.220 & 537.635 History: WRD 4-1998, f. & cert. ef. 11-2-98 WRD 1-1996, f. & cert. ef. 1-31-96
690-320-0070 Primary and Supplemental Rights (1) Cancellation of primary rights: (a) A notice given pursuant to ORS 540.631 for the proposed cancellation of a primary water right for irrigation of certain lands shall include notice of the proposed cancellation of any supplemental water right for irrigation of the same lands; (b) If the primary right is determined to have been forfeited by non-use and the supplemental right is not determined also to have been forfeited by non-use, the owner of the land to which the right is appurtenant may apply to transfer the supplemental right, without loss of priority, to become the primary right. (2) Diminution of a water right: A primary right may, at the request of the owner of the right, be diminished to a supplemental status to allow for a new primary right application from a more dependable source of water. (3) Supplemental rights: Where more than one right exists, water shall be used from the primary source so long as there is sufficient quantity to satisfy the terms of the permit or certificate. Nevertheless, if requested by the applicant, a permit may be issued which describes a surface water source as supplemental to a groundwater right and shall provide that, in the interest of conserving the groundwater supplies, the supplemental right may be exercised at time when water is available from the surface water supply. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 540.610 - 540.650 History: WRD 1-1996, f. & cert. ef. 1-31-96