2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.216 - Water supply plan; review by Water Resources Department; recommended permit conditions.

(1) A person that applies for a permit under ORS 468B.050 for a confined animal feeding operation operating under an NPDES or WPCF permit, as described in ORS 468B.215 (2), shall submit with the application a water supply plan that identifies all sources of the water that will be used to supply the level and duration of the water needs of the confined animal feeding operation, including any ancillary operations of the confined animal feeding operation, as described in the application.
(2) After receiving a water supply plan described in subsection (1) of this section, the Department of Environmental Quality or the State Department of Agriculture shall request that the Water Resources Department review the water supply plan to determine whether the water uses identified in the water supply plan are legally authorized and allowable.
(3) Not more than 45 days after receiving a request described in subsection (2) of this section, the Water Resources Department shall provide a determination described in subsection (2) of this section to the Department of Environmental Quality or the State Department of Agriculture.
(4) A water supply plan for a confined animal feeding operation that uses stockwater as described in ORS 537.545 (1)(a) must use animal water consumption guidelines provided by the State Department of Agriculture to estimate the gallons per day that the confined animal feeding operation will use.
(5) The Water Resources Department may recommend that the Department of Environmental Quality or the State Department of Agriculture condition a permit under ORS 468B.050 on one or more of the following:
(a) Requiring a confined animal feeding operation that uses stockwater, as described in ORS 537.545 (1)(a), or a person renewing a permit under ORS 468B.050 for a confined animal feeding operation, to:
(A) Install water metering and submetering devices concerning a new or expanding production area; and
(B) Maintain quarterly water use data that the Water Resources Department may inspect annually, upon request by the department.
(b) Prohibiting an expanding confined animal feeding operation, as defined in ORS 468B.215, within a critical ground water area designated by order or pursuant to ORS 537.730 from increasing the confined animal feeding operation’s use of water per day under the exemption described in ORS 537.545 (1)(a) by more than the limit described in ORS 537.545 (1)(a).
(6) When making a determination described in subsection (2) of this section, the Water Resources Department may not consider a change of use, place of use or point of diversion as legally authorized until the change is approved pursuant to an order described in ORS 540.530 that is final as a matter of law or is not subject to a pending appeal.
(7) A determination under subsection (2) of this section may not be considered:
(a) An authorization of water use or water rights.
(b) A final order or ruling.
(8) A person that renews a permit under ORS 468B.050 for a confined animal feeding operation operating under an NPDES or WPCF permit, as described in ORS 468B.215 (2), shall attest upon renewal of the permit that the water supply plan for the confined animal feeding operation that was previously approved under this section is compliant with this section. [2023 c.465 §7]
Note:
468B.216 was added to and made a part of ORS chapter 468B by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Note:
The amendments to 468B.216 by section 8, chapter 465, Oregon Laws 2023, become operative September 15, 2027. See section 9, chapter 465, Oregon Laws 2023. The text that is operative on and after September 15, 2027, is set forth for the user’s convenience.
(1) A person that applies for a permit under ORS 468B.050 for a confined animal feeding operation operating under an NPDES or WPCF permit, as described in ORS 468B.215 (2), shall submit with the application a water supply plan that identifies all sources of the water that will be used to supply the level and duration of the water needs of the confined animal feeding operation, including any ancillary operations of the confined animal feeding operation, as described in the application.
(2) After receiving a water supply plan described in subsection (1) of this section, the Department of Environmental Quality or the State Department of Agriculture shall request that the Water Resources Department review the water supply plan to determine whether the water uses identified in the water supply plan are legally authorized and allowable.
(3) Not more than 45 days after receiving a request described in subsection (2) of this section, the Water Resources Department shall provide a determination described in subsection (2) of this section to the Department of Environmental Quality or the State Department of Agriculture.
(4) A water supply plan for a confined animal feeding operation that uses stockwater as described in ORS 537.545 (1)(a) must use animal water consumption guidelines provided by the State Department of Agriculture to estimate the gallons per day that the confined animal feeding operation will use.
(5) The Water Resources Department may recommend that the Department of Environmental Quality or the State Department of Agriculture condition a permit under ORS 468B.050 on requiring a confined animal feeding operation that uses stockwater, as described in ORS 537.545 (1)(a), or a person renewing a permit under ORS 468B.050 for a confined animal feeding operation, to:
(a) Install water metering and submetering devices concerning a new or expanding production area; and
(b) Maintain quarterly water use data that the Water Resources Department may inspect annually, upon request by the department.
(6) When making a determination described in subsection (2) of this section, the Water Resources Department may not consider a change of use, place of use or point of diversion as legally authorized until the change is approved pursuant to an order described in ORS 540.530 that is final as a matter of law or is not subject to a pending appeal.
(7) A determination under subsection (2) of this section may not be considered:
(a) An authorization of water use or water rights.
(b) A final order or ruling.
(8) A person that renews a permit under ORS 468B.050 for a confined animal feeding operation operating under an NPDES or WPCF permit, as described in ORS 468B.215 (2), shall attest upon renewal of the permit that the water supply plan for the confined animal feeding operation that was previously approved under this section is compliant with this section.