justicedao/ipfs_state_laws huggingface dataset:
690-078-0080 Map to Accompany an Application for Water Use Permit for Chemical Process Mining Maps submitted with applications for water use in chemical process mining shall be prepared by a certified water right examiner and meet the following criteria: (1) The application map, which is made part of the record, shall be of permanent quality and drawn with sufficient clarity so as to be easily reproduced. (2) Maps shall be drawn on tracing linen, tracing vellum or mylar except that maps measuring 11" x 17" or smaller may be prepared on good-quality paper. All maps shall be drawn to a standard, even scale of not less than 4 inches = one mile. Small area maps may be more easily and clearly drawn to a larger scale, such as one inch = 400 feet. (3) Four permanent-quality prints of other maps, such as deed description survey maps or county assessor maps, may also be used if all the required information is clearly shown on each print. A single print of these may be used only if it is reproduced as a transparency, such as a sepia print or on mylar film. (4) Each copy of the map shall show clearly each of the following requirements that apply to the proposed appropriation: (a) The location of each diversion point, well, or dam by reference to a recognized public land survey corner. The locations may be shown by distance and bearing or by coordinates (distance north or south and distance east or west from the corner); (b) The location of all canals, ditches, pipelines, or flumes; (c) The location of the place where water is to be used; (d) The scale to which the map is drawn, the section number, township, and range, and a north directional symbol. Statutory/Other Authority: OL 735 & 1991 History: WRD 1-1992, f. & cert. ef. 1-15-92
690-078-0100 Modification of a Permit for Use of Water for Chemical Process Mining The permittee, the Department, or any other permitting agency or cooperating agency may request modification of a water use permit for chemical process mining: (1) Chemical process mining permits may be modified without loss of the priority date so long as the information provided in the application under OAR 690-078-0030(2) does not change, (3) is not increased and (5) does not change. If the replacement or amendment proposes additions to or increases in items listed in 690-078-0030(2), (3), or (5), the original proposal shall retain the original priority date and the additions or increases shall be assigned a new tentative priority date, as of the date the modification is received by the Department. (2) If the Department, permitting agency or cooperating agency determines that the permit modifications are significant under the terms of Sections 2 to 24a of Chapter 735, 1991 Session Laws, the Department shall notify DOGAMI. (3) At DOGAMI’s request, the Department shall assist DOGAMI in organizing and participating in a Project Coordinating Committee to review the proposed modifications and determine those portions of Sections 2 to 24a of Chapter 735, 1991 Session Laws with which the applicant must comply. Statutory/Other Authority: OL 735 & 1991 History: WRD 1-1992, f. & cert. ef. 1-15-92
690-078-0110 Miscellaneous Provisions (1) If the cost of reclamation will exceed the reclamation bond posted with DOGAMI and the operator does not increase the bond, the Department shall suspend the permit until the additional bond is posted. (2) If DOGAMI seeks a lien for reclamation costs, the water use permit is suspended. (3) All permits and certificates are subject to the provisions of OAR 690-011-0090 through 690-011-0120 which pertain to the following: (a) Well construction; (b) Potential regulation of a well if it interferes with surface water; (c) Cancellation of primary rights; (d) Diminution of a water right; (e) Supplemental rights; (f) Assignment or change of ownership of permit, groundwater registration or application; (g) Extension of time limits; (h) Cancellation of permit; (i) Proof of appropriation; (j) Request for reconsideration of the contents of a proposed certificate. Statutory/Other Authority: OL 735 & 1991 History: WRD 1-1992, f. & cert. ef. 1-15-92
690-079-0010 Purpose (1) This Division establishes the procedure for state agencies to request reservations of water for future economic development pursuant to ORS 537.356. (2) These rules shall apply to all reservation requests received by the Department after June 30, 1989. Notwithstanding the provisions of OAR 690-079-0040 to 690-079-0150, any reservation for which a request is received by the Department prior to June 5, 1992, and which is approved under these rules, shall receive a priority date of June 5, 1992, provided information that conforms to the provision of OAR 690-079-0060 are received by the Department prior to January 1, 1995. For purposes of this rule, the request for a reservation of water in the Willamette Basin for municipal purposes and the request for a reservation of water in the Willamette Basin for agricultural purposes, both of which were referenced in the Commission's Willamette Basin Plan as adopted on January 31, 1992, shall be considered requests received by the Department prior to June 5, 1992. (3) This Division also establishes procedures to consider applications to extend reservations established in basin program rules as provided in OAR 690-079-0160. OAR 690-079-0020 to 0150 does not apply to requests for extensions of reservations, which were originally established in basin program rules pursuant to ORS 537.249 or 537.356. Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.170, 537.249, 537.338 & 537.356 - 537.358 Statutes/Other Implemented: ORS 536.220, 536.310, 537.249, 537.356 & 537.358 History: WRD 3-2016, f. & cert. ef. 4-19-16 WRD 7-2015(Temp), f. & cert. ef. 12-2-15 thru 5-29-16 WRD 7-1993, f. & cert. ef. 11-30-93 WRD 9-1992, f. & cert. ef. 7-1-92
690-079-0020 Definitions As used in this Division: (1) “Affected Local Government” means any local government, as defined in OAR 690-050-0015, within whose jurisdiction the diversion, conveyance, instream or out-of-stream use, or reservation of water is proposed or established. (2) “Commission” means the Water Resources Commission. (3) “Contested Case” means a hearing before the Department or Commission as defined in ORS 183.310(2) and conducted according to the procedures described in ORS 183.413–183.497 and OAR 690, division 1. (4) “Department” means the Water Resources Department. (5) “Director” means the Director of the Water Resources Department. Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 History: WRD 9-1992, f. & cert. ef. 7-1-92
690-079-0030 Request for Reservation Any state agency may request that the Commission establish a reservation of unappropriated water for future economic development. A reservation shall be established by order. The reservation shall set aside a quantity of water for specified uses which shall, when developed, have priority over all other water rights, including instream water rights, from the same source that are filed subsequent to the date the request for reservation is filed with the Department. Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 History: WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200 WRD 12-1990, f. & cert. ef. 8-8-90 WRD 20-1988, f. & cert. ef. 11-4-88
690-079-0040 Priority Date The order establishing the reservation shall fix the date on which the request for reservation was filed with the Department as the reservation priority date. A request for reservation will be deemed filed on the date it is received by the Department provided that either: (1) The request contains all the information required under OAR 690-079-0060; or (2) Any additional information the Department deems necessary to complete the application is received by the Department within 30 days of its request for additional information, or within such additional time as the Department provides, not to exceed one year. Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 History: WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200 WRD 12-1990, f. & cert. ef. 8-8-90 WRD 20-1988, f. & cert. ef. 11-4-88
690-079-0050 Term of Reservation and Extensions The Commission may approve the reservation of water for up to 20 years. Prior to termination of the approved term of reservation, the applicant may apply for a time extension of up to 20 years. The proposed time extension shall be subject to all rule requirements and standards governing review of initial reservations. An approved time extension shall retain the priority date of the original reservation. The Commission also may require review of a reservation at specified time intervals during the approved reservation time period. For the purpose of that review, the Commission may require the applicant to provide evidence that the purpose, intent, and amount of the reservation still meet the public interest standards of OAR 690, division 11. Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 History: WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200 WRD 12-1990, f. & cert. ef. 8-8-90 WRD 20-1988, f. & cert. ef. 11-4-88
690-079-0060 Information Requirements Requests for reservations of water for future economic development shall include the following information: (1) Agency name and address; (2) Purpose of the reservation; (3) Amount of water proposed to be reserved and evidence of water availability; (4) Source(s) of water to supply the reservation; (5) If the reservation is to be provided by existing storage, agreement to the proposed reservation by the party in charge of disposition of the stored water or evidence of authorization or allocation consistent with the proposed reservation; (6) If the proposal is to reserve water to be stored in a new facility, evidence that sites for the storage facility can be developed and that water is available for storage; (7) Approximate season(s) of use; (8) Approximate location(s) of use; (9) Evidence that the proposal is compatible with overall basin program goals and policies; (10) Identification of affected local governments and copies of letters notifying each local government of the intent to file a reservation request accompanied by a description of the reservation proposal; (11) Intended types of use(s) of the reserved water; (12) Expected duration of the reservation prior to application for use of the water; (13) Economic benefits provided; (14) Water sources alternatives; (15) Evidence that the proposal does not conflict with Scenic Waterway flow requirements; (16) Evidence that the proposed reservation and water use(s) will promote the beneficial use of the water without waste; and (17) Potential adverse impacts on water resources. Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 History: WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200 WRD 12-1990, f. & cert. ef. 8-8-90 WRD 20-1988, f. & cert. ef. 11-4-88
690-079-0070 Notice of Reservation Request Within 30 days of receiving a request for reservation that is deemed complete by the Director, the Director shall notify: (1) The Department of Fish and Wildlife, Department of Environmental Quality, Parks and Recreation Department, Economic Development Department, other affected federal and state agencies and the planning department(s) of affected local governments; (2) Affected Indian tribes; and (3) All persons on the Department’s weekly mail list and reservations mail list. Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 History: WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200 WRD 12-1990, f. & cert. ef. 8-8-90 WRD 20-1988, f. & cert. ef. 11-4-88
690-079-0080 Copies of Reservation Request Upon request from any governmental entity or other party, the Department shall provide a complete copy of the request for reservation. Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 History: WRD 9-1992, f. & cert. ef. 7-1-92
690-079-0090 Comment Period and Land Use Compatibility (1) A 60-day comment period shall commence on the day the Department deposits the notice in the mail of the U.S. Postal Service. All comments must be received by the Department on or before the end of the 60-day comment period. The notice will state the date by which comments must be received by the Department. (2) The Director may presume the proposed use is allowed by and compatible with the programs and plans of any agency or affected local government that does not respond within the comment period shown on the notice. In the event of a land use dispute as defined in OAR 690-005-0015 (Definitions), the Director or Commission shall follow procedures as provided in OAR 690-005-0040 (Resolution of Land Use Disputes). Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 History: WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200 WRD 12-1990, f. & cert. ef. 8-8-90 WRD 20-1988, f. & cert. ef. 11-4-88
690-079-0100 Review by Director Following the comment period established by OAR 690-079-0090, the Department shall review the reservation request. The Director shall reject the reservation request if: (1) The reservation request does not contain all the information required by OAR 690-079-0060 after the applicant has been given an opportunity to cure any defects in the request according to OAR 690-079-0040(2); or (2) The Department concludes the reservation request would impair or be detrimental to the public interest based on the public interest review standards of OAR 690, division 11. Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 History: WRD 9-1992, f. & cert. ef. 7-1-92
690-079-0110 Appeal of Director’s Decision The agency requesting the reservation may file a request for Commission review of the Director’s rejection within 60 days of notification of rejection of a reservation request. Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 History: WRD 9-1992, f. & cert. ef. 7-1-92
690-079-0120 Contested Case Proceeding If, after the Department performs a review of the reservation request, the Director does not find that the requested reservation will impair or be detrimental to the public interest, or if the Commission reverses the Director’s rejection of the reservation request, the Director shall initiate a contested case hearing on the reservation request and shall so notify the agency requesting the reservation and any party which submitted comments during the 60-day comment period. Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 History: WRD 9-1992, f. & cert. ef. 7-1-92
690-079-0130 Public Interest Review The Director shall apply any applicable public interest standards set out in OAR 690, division 11 to the facts developed at the hearing. The Director shall prepare findings and a recommendation to the Commission on the requested reservation. The recommendation may be to issue an order: (1) Approving the requested reservation; (2) Approving a reservation for a lesser amount than requested because approval of a reservation in the amount requested would impair or be detrimental to the public interest; or (3) Rejecting the requested reservation because it would impair or be detrimental to the public interest. (4) Notwithstanding OAR 690-001-0045, the Commission shall issue the proposed order, hear exceptions, and issue the final order on all reservations on which a contested case hearing is held. Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 History: WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200 WRD 12-1990, f. & cert. ef. 8-8-90 WRD 20-1988, f. & cert. ef. 11-4-88
690-079-0140 Conditions on a Reservation When approving a reservation, the Commission shall include any conditions deemed necessary to protect and promote the public interest. Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 History: WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200 WRD 12-1990, f. & cert. ef. 8-8-90 WRD 20-1988, f. & cert. ef. 11-4-88
690-079-0150 Applications for Use of Reserved Water Applications for the use of reserved water shall comply with and be processed under provisions of OAR 690, division 11, governing applications and permits generally. In addition to any information required under division 11, an application for use of reserved water shall include a statement from the agency which requested the reservation that the proposed use is consistent with the reservation. Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358 History: WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200 WRD 12-1990, f. & cert. ef. 8-8-90 WRD 20-1988, f. & cert. ef. 11-4-88
690-079-0160 Extension of Reservations (1) This section establishes a process to consider extending reservations established in basin program rules pursuant to ORS 537.249 or 537.356 that are set to expire unless extended in rule by the Water Resources Commission. (2) Notwithstanding OAR 690-079-0020 to 690-079-0150, applications to extend reservations established in basin program rules shall be processed according to the provisions in this section. (3) Prior to termination of the approved term of reservation, the applicant may apply for a time extension of up to 20 years from the expiration date established in rule. An approved time extension shall retain the priority date of the original reservation. (4) An application for an extension shall contain the information required in OAR 690-079-0170. (5) The Department shall provide notification, accept public comment, and hold hearings as provided in ORS 183.335, 536.300(3), and OAR 690, Division 1. Notice shall also be provided to Oregon Department of Environmental Quality, Oregon Department of Fish and Wildlife, Oregon Parks and Recreation Department, and Business Oregon. The public comment period shall be no less than 30 days. (6) In considering an application to extend a reservation, the Commission shall review information in the application, comments received, and information and recommendations provided by the Department. The Commission may extend the reservation up to 20 years unless the Commission determines the reservation is no longer consistent with ORS 536.310 or with rules of the Commission. The Commission may modify the reservation or include conditions as necessary for the reservation to remain consistent with ORS 536.310 and the purpose of reserving water for future economic development. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 536.220, 536.310, 537.249, 537.356 & 537.358 History: WRD 3-2016, f. & cert. ef. 4-19-16 WRD 7-2015(Temp), f. & cert. ef. 12-2-15 thru 5-29-16
690-079-0170 Information Requirements to Request Extension of Reservations in Rule Requests to extend reservations of water for future economic development shall include the following information: (1) Requestor name and address; (2) Description of the existing reservation and applicable rule reference; (3) Discussion of the continued current and future need for the reservation; (4) Description of actions taken to advance development of the reservation; (5) Discussion of challenges to developing the reservation; (6) Description of actions that will need to be undertaken in the future in order to develop the reservation; (7) Information on how the proposal is compatible with overall basin program goals and policies; (8) Identification of affected local governments (9) Copies of letters notifying each local government of the intent to file an extension request that includes a description of the reservation and statement that an opportunity to provide comment will be provided at a future date; (10) Description of expected economic benefits; (11) Information on whether the reservation exists above or within a Scenic Waterway; (12) Statement that explains how the reservation and proposed water use(s) will promote the beneficial use of the water without waste. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 536.220, 536.310, 537.249, 537.356 & 537.358 History: WRD 3-2016, f. & cert. ef. 4-19-16
690-080-0010 Resume of Withdrawals by the Water Resources Commission of Unappropriated Water From Future Appropriation (1) Under the provisions of ORS 536.410, the Water Resources Commission may withdraw unappropriated waters from further appropriation. While an order of withdrawal is in effect, no applications for permits to appropriate the waters withdrawn may be received for filing by the Water Resources Director. (2) The waters of the streams and lakes listed below have been withdrawn by order of the Water Resources Commission: (a) Church Lake: WRB 31, f. 5-7-65; WRD 5, f. 6-15-77; Rescinded by WRD 14-1988, f. 8-11-88; (b) Deschutes River Basin — Trout Creek: WRD 8-1980, f. 11-24-80; (c) Elk Creek: WRD 8-1985, f. 8-2-85; (d) Fort Rock Basin: WRD 3-1987, f. 3-13-87; Repealed by WRD 2-1990, f. 2-23-90; (e) Goose & Summer Lakes Basin — Dutchy Lake:WRB 31, f. 5-7-65; WRD 5, f. 6-15-77; Rescinded by WRD 14-1988, f. 8-11-88; (f) Hood River Basin: (A) Priest Rapids Aquifer: WRD 4-1988, f. 5-17-88; (B) Pomona Aquifer: WRD 4-1988, f. 5-17-88. (g) No Name Lake & Tributaries: WRB 31, f. 5-7-65; WRD 5, f. 6-15-77; Rescinded by WRD 14-1988, f. 8-11-88; (h) Roberts Creek: WRD 8-1985, f. 8-2-85; (i) Thomas Creek & Tributaries: WRB 31, f. 5-7-65; WRD 5, f. 6-15-77; Rescinded by WRD 14-1988, f. 8-11-88; (j) Umpqua River Basin: (A) South Umpqua River: WRD 4-1985, f. 5-15-85; (B) Lookingglass Creek: WRD 9-1985, f. 8-2-85; (C) Umatilla River: WRD 14-1985, f. 12-20-85. (k) Walla Walla River: WRD 1-1986, f. 2-20-86; (l) Willamette River System: WRB 32, f. 7-27-65. Statutory/Other Authority: ORS 536 History: WRD 2-1990, f. & cert. ef. 2-23-90 WRD 3-1987, f. & cert. ef. 3-13-87 WRD 14-1988, f. & cert. ef. 8-11-88 WRD 14-1988, f. & cert. ef. 8-11-88 WRD 4-1988, f. 5-17-88, cert. ef. 5-13-88 WRD 1-1986, f. cert. ef. 2-20-86 WRD 14-1985, f. & cert. ef. 12-20-85 WRD 9-1985, f. & cert. ef. 8-2-85 WRD 8-1985, f. & cert. ef. 8-2-85 WRD 4-1985, f. & cert. ef. 5-15-85 WRD 8-1980, f. & cert. ef. 11-24-80 WRD 5-1977, f. & cert. ef. 6-15-77 WRB 32-1965, f. & cert. ef. 7-27-65 WRB 31-1965, f. & cert. ef. 5-7-65
690-082-0010 Purpose These rules authorize the Director of the Water Resources Department to accept applications to appropriate water for a use in addition to the uses for which particular waters are classified in the applicable basin program. These rules apply in all basins for which the Water Resources Commission has adopted a basin program. Statutory/Other Authority: ORS 183 & 536 History: WRD 2-1988, f. & cert. ef. 1-19-88
690-082-0020 Definitions The following definitions apply to OAR 690-082-0010 through 690-082-0080: (1) “Affected Local Government”: Any local government as defined in OAR 690-005-0015, within who jurisdiction water is or would be diverted, conveyed, or used under a proposed or approved permit or certificate. (2) “Basin Program”: An administrative rule described in OAR 690-080-0000, adopted by the Water Resources Commission under ORS Chapter 536. (3) “Classified Uses”: Beneficial uses of water designated in the basin programs for which water use applications may be accepted. (4) “Commission”: The Water Resources Commission. (5) “Department”: The Water Resources Department. (6) “Director”: The Director of the Water Resources Department. Statutory/Other Authority: ORS 183, 197 & 536 History: WRD 12-1990, f. & cert. ef. 8-8-90 WRD 2-1988, f. & cert. ef. 1-19-88