reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 10 - APPROPRIATION AND USE OF GROUND WATER › Section 690-010-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions in OAR 690-008-0001, the
				following definitions apply to critical groundwater area designations conducted
				pursuant to ORS 537.730 to 537.742 and these rules, unless the context requires
				otherwise:
(1) "Affected local
			 government" means any city, county, or metropolitan service district formed
			 under ORS Chapter 268 or an association of local governments performing land
			 use planning functions under ORS 195.025 located within the boundaries of the
			 proposed critical groundwater area.
(2) "Department" means the Water Resources
			 Department.
(3) "Director" means
			 the Water Resources Director.
(4)
			 "Commission" means the Water Resources Commission.
(5) "Groundwater right" means a permit,
			 certificate, decree, or certificate of groundwater registration as provided in
			 ORS 537.610 authorizing the appropriation and use of groundwater.
(6) "Groundwater reservoir" means a
			 designated body of standing or moving groundwater having exterior boundaries
			 which may be ascertained or reasonably inferred as provided in OAR
			 690-010-0130.
(7) "Person" means
			 individuals, corporations, associations, firms, partnerships, limited liability
			 companies, joint stock companies, public and private municipal corporations,
			 political subdivisions, the state, and any agencies thereof, the federal
			 government and any agencies thereof and federally recognized Indian
			 tribes.
(8) "Exempt User" means any
			 person who exercises the right to use groundwater pursuant to the exemption in
			 ORS 537.545.
(9) "Determined claim"
			 means a water right in the Klamath Basin determined and established in an order
			 of determination certified by the Water Resources Director under ORS
			 539.130.
Statutory/Other Authority: ORS 536.027 & ORS
				  537.780
Statutes/Other Implemented: ORS 537.730-537.742, ORS 537.780,
				  ORS 537.525, ORS 536 - 537 & ORS
				  539.130
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 10 - APPROPRIATION AND USE OF GROUND WATER › Section 690-010-0120 - Required Criteria for Designation of Critical Ground Water Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may adopt rules to
			 designate an area of the state a critical groundwater area if any of the
			 requirements under ORS 537.730(1)(a)-(g) are met. These requirements are:
(a) Groundwater levels in the area in
			 question are declining or have declined excessively;
(b) The Water Resources Department finds a
			 pattern of substantial interference between wells within the area in
			 question;
(c) The department finds
			 a pattern of interference or potential interference between wells of
			 groundwater claimants or appropriators within the area in question with the
			 production of geothermal resources from an area regulated under ORS chapter
			 522;
(d) The department finds a
			 pattern of substantial interference between wells within the area in question
			 and:
(A) An appropriator of surface water
			 whose water right has an earlier priority date; or
(B) A restriction imposed on surface water
			 appropriation or a minimum perennial streamflow that has an effective date
			 earlier than the priority date of the groundwater appropriation
(e) The available groundwater
			 supply in the area in question is being or is about to be overdrawn;
(f) The purity of the groundwater in the area
			 in question has been or reasonably may be expected to become polluted to an
			 extent contrary to the public welfare, health and safety; or
(g) Groundwater temperatures in the area in
			 question are expected to be, are being or have been substantially altered
			 except as specified in ORS 537.796.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 10 - APPROPRIATION AND USE OF GROUND WATER › Section 690-010-0130 - Additional Requirements for Critical Ground Water Area Rulemaking Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rulemaking process for designation of
			 a critical groundwater area is governed by the applicable provisions under ORS
			 Chapter 183, ORS 537.730 to 537.742, OAR Chapter 690 Divisions 001 and 005, and
			 these rules.
(2) A rule adopted by
			 the Water Resources Commission shall:
(a)
			 Define the boundaries of the critical groundwater area and shall indicate which
			 of the groundwater reservoirs located either in whole or in part within the
			 area in question are included within the critical groundwater area. Any number
			 of groundwater reservoirs which either wholly or partially overlie one another
			 may be included within the same critical groundwater area;
(b) Contain a provision requiring a periodic
			 review of conditions in the critical groundwater area. The review shall be in
			 sufficient detail to evaluate the continuing need for the critical groundwater
			 area designation and shall occur no less frequently than once every 10
			 years.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 10 - APPROPRIATION AND USE OF GROUND WATER › Section 690-010-0140 - Land Use Planning Coordination with Affected Local Government

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to convening a Rules Advisory
			 Committee under ORS 183.333, the Department shall initiate coordination with
			 affected local governments pursuant to the applicable provisions under ORS
			 Chapter 197 (State Agency Planning Responsibilities), OAR Chapter 690, Division
			 005 (Compliance With Statewide Planning Goals, Compatibility With Comprehensive
			 Plans, And Coordination On Land Use Matters), and these rules.
(2) To facilitate coordination as described
			 in the State Agency Coordination Program, the Department shall provide a copy
			 of the draft report that will be posted on the Department's website under OAR
			 690-010-0130(4)(c)(B).
Statutory/Other Authority: ORS 537.780
Statutes/Other Implemented: ORS 536.027, ORSA 537.730 -
				  537.742, ORS 537.525, ORS 537.780, ORS 183, ORS 536-537 & ORS
				  197
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 10 - APPROPRIATION AND USE OF GROUND WATER › Section 690-010-0150 - Engagement with Federally Recognized Indian Tribes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to convening the Rules Advisory
			 Committee under ORS 183.333, the Department shall initiate engagement with any
			 federally recognized Indian tribes with reservation lands within the proposed
			 critical groundwater area boundary and with any federally recognized Indian
			 tribes in Oregon who have expressed an interest in the proposed critical
			 groundwater area.
(2) To aid with
			 the engagement the Department will provide a copy of the draft report that will
			 be posted on the Department's website under OAR
			 690-010-0130(4)(c)(B).
Statutory/Other Authority: ORS 536.027 & ORS
				  537.780
Statutes/Other Implemented: ORS 537.780, ORS 537.730  -537.742, ORS 537.525, ORS 183 & ORS
				  536-537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 10 - APPROPRIATION AND USE OF GROUND WATER › Section 690-010-0160 - Content, Filing, and Review of Adopted Critical Groundwater Area Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any rule adopted by the Commission under
			 ORS 537.730 and these rules shall include the requirements of ORS 537.735.
			 Corrective control measures that limit or otherwise restrict existing rights or
			 uses of groundwater in a critical groundwater area may be implemented only as
			 consistent with the provisions of ORS 537.742, ORS 183, and OAR 690-010-0170  -
			 0230.
(2) A critical groundwater
			 area rule may include any one or more of the corrective control provisions
			 under ORS 537.735(3)(a)-(f) that may be applied to the entire critical
			 groundwater area or to designated subareas of the critical groundwater area.
			 These corrective control provisions include:
(a) A provision closing the critical
			 groundwater area to any further appropriation of groundwater, in which event
			 the commission shall thereafter refuse to accept any application for a permit
			 to appropriate groundwater located within such critical area;
(b) A provision determining the permissible
			 total withdrawal of groundwater in the critical area each day, month or
			 year;
(c) The disposition of any
			 application for a water right permit for the use of water in the area that is
			 pending at the time the commission initiates the rulemaking process or that is
			 received during the rulemaking process;
(d) Any one or more provisions making such
			 additional requirements as are necessary to protect the public welfare, health
			 and safety in accordance with the intent, purposes and requirements of ORS
			 537.505 to 537.795 and 537.992;
(e)
			 A provision closing all or part of the critical groundwater area to further
			 appropriation of groundwater for its thermal characteristics;
(f) A provision determining the permissible
			 change in thermal characteristics of groundwater in all or part of the critical
			 groundwater area each day, month or year. Insofar as may be reasonably done,
			 the Water Resources Director shall apportion the permissible total temperature
			 impact among those appropriators whose exercise of valid rights in the critical
			 area affect the thermal characteristics of the groundwater, in accordance with
			 the relative dates of priority of such rights.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 10 - APPROPRIATION AND USE OF GROUND WATER › Section 690-010-0190 - Notices of Party Status and Petitions for Party Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule, the
			 definition of "person" excludes a state agency as "agency" is defined in ORS
			 183.310(1).
(2) Notice of Party
			 Status. Persons who hold a groundwater right whose groundwater use may be
			 limited and exempt users whose groundwater use may be limited as described in
			 the Notice of Proposed Corrective Control Orders will be deemed to have been
			 named parties to the contested case upon filing a complete, written Notice of
			 Party Status with the Department by the deadline specified in the Notice of
			 Proposed Corrective Control Order. A Notice of Party Status shall include:
(a) Name and address of any
			 petitioners;
(b) Name and address
			 of the petitioner's attorney, if any; and
(c) Identification of the water right held by
			 the petitioner or identification of the exempt well and exempt uses, owned or
			 used by the petitioner.
(d) A
			 Notice of Party Status may also include:
(A) A
			 detailed description of how the corrective control provisions in the Notice of
			 Proposed Corrective Control Orders would adversely affect or aggrieve
			 petitioner supported by an affidavit stating such facts;
(B) A detailed description of how the Notice
			 of Proposed Corrective Control Orders is in error or deficient and how to
			 correct the alleged error or deficiency;
(C) A detailed description of whether the
			 problem(s) that resulted in the designation of the critical ground water area
			 may or may not be corrected by implementing the corrective control provisions
			 specified in the agency notice and why; and
(D) Any citation of legal authority
			 supporting the petition, if known.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 10 - APPROPRIATION AND USE OF GROUND WATER › Section 690-010-0200 - Scope of Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A contested case hearing shall be conducted to establish one or more of the
			 corrective control provisions in ORS 537.742 that limits use of groundwater in
			 the critical groundwater area as provided in the Notice of Proposed Corrective
			 Control Orders.
(2) Except as
			 otherwise provided in ORS 183.417(8) the Director shall create a list of issues
			 to be heard in the contested case and shall refer that list to the Office of
			 Administrative Hearings at the time the Notice of Proposed Corrective Control
			 Orders is referred:
(a) The list of issues
			 shall include those issues raised in a timely-filed Notice of Party Status with
			 the information provided in 690-010-190(2)(d)(A) - (D) though issues may be
			 categorized or summarized as furthers efficient administration of the contested
			 case;
(b) Parties to the contested
			 case may seek amendment or clarification of the list of issues consistent with
			 the provisions of OAR 137-003-0630.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 10 - APPROPRIATION AND USE OF GROUND WATER › Section 690-010-0210 - Conduct of Contested Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The conduct
			 of the contested case regarding the Notice of Proposed Corrective Control
			 Orders shall be governed by OAR 137-003-0501  to 137-003-0700  except as
			 otherwise provided in these rules.
(2) The Department shall refer the contested
			 case to the Office of Administrative Hearings as provided in OAR
			 137-003-0515.
(3) The Department
			 shall post on its webpage the information contained in its referral to the
			 Office of Administrative Hearings and may also post maps, reports or any other
			 information that supports or otherwise is relevant to the Notice of Proposed
			 Corrective Control Orders including links to information referred to in the
			 Notice of Proposed Corrective Control Orders.
(4) Discovery against the Department is only
			 as provided in OAR 137-003-0566(1)(a)-(c). Pursuant to OAR 137-003-0566(2), the
			 Department finds that availability of other discovery methods would unduly
			 complicate or interfere with the hearing process, because of the large number
			 of parties and extensive scope of the hearing, and the need for speed and
			 informality in that process, and that alternative procedures for the sharing of
			 relevant information (including the availability of the information posted as
			 provided in subsection (3) and the availability of public records requests
			 pursuant to Oregon's Public Records Law), are sufficient to ensure the
			 fundamental fairness of the proceedings
(5) Service and filing of documents in the
			 contested case hearing may be by electronic means only as directed and allowed
			 by the Administrative Law Judge.
Statutory/Other Authority: ORS 536.027 & ORS
				  537.780
Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742,
				  ORS 537.525, ORS 183 & ORS
				  536-537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 10 - APPROPRIATION AND USE OF GROUND WATER › Section 690-010-0220 - Exceptions to Proposed Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Exceptions
			 to the Proposed Order issued by the Administrative Law Judge after a contested
			 case hearing must be filed with the Department in its Salem office within 60
			 days following the date of service of the Proposed Order. Parties must mail or
			 hand-deliver a hard copy of their exceptions to the Department at its Salem
			 offices and must also email an electronic copy to all the email addresses
			 listed on the Certificate of Service.
(2) The Commission must consider timely-filed
			 exceptions but need not individually address each exception in any final order
			 issued. The Commission may form a subcommittee of Commission members to review
			 the exceptions and may provide a report to the Commission prior to the
			 Commission issuing a final order.
Statutory/Other Authority: ORS 536.027 & ORS
				  537.780
Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742,
				  ORS 537.525, ORS 183 & ORS
				  536-537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 10 - APPROPRIATION AND USE OF GROUND WATER › Section 690-010-0230 - Final Order in Contested Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 conclusion of the contested case hearing, including the consideration of
			 exceptions filed against a proposed order issued by the administrative law
			 judge, the Commission shall issue a final order in contested case.
(2) If, after consideration of the contested
			 case record, the Commission finds that the factors that resulted in the
			 designation of a critical groundwater area under ORS 537.730 can be resolved by
			 implementing one or more of the corrective control measures specified in the
			 Notice of Proposed Corrective Control Orders, the Commission shall issue a
			 final order establishing one or more of the proposed corrective control
			 provisions provided in ORS 537.742.
(3) Final orders in contested case must be
			 consistent with ORS 183.650 and OAR 137-003-0665  and directed to the named
			 parties in the contested case proceeding.
(4) Final orders in default issued to a party
			 in the contested case hearing must be consistent with OAR
			 137-003-0670.
(5) If no person or
			 state agency files a timely Notice of Party Status, Petition for Party Status,
			 or state agency request for party status, the Commission shall issue a final
			 order in default consistent with OAR 137-003-0670.
(6) The Commission's final order in contested
			 case is appealable to the Oregon Court of Appeals pursuant to ORS 183.482 and
			 ORS 536.075.
Statutory/Other Authority: ORS 536.027 & ORS
				  537.780
Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742,
				  ORS 537.525, ORS 183 & ORS
				  536-537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 10 - APPROPRIATION AND USE OF GROUND WATER › Section 690-010-0240 - Procedure for Making Changes to Existing Critical Groundwater Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Where a critical groundwater area is
			 established and described in rule only, and the Commission seeks to expand,
			 alter or reduce the boundaries of the existing critical groundwater area, the
			 Commission must follow the processes for establishing a new critical
			 groundwater area as provided in ORS 537.730 - 735 and OAR 690-010.
(2) Where a critical groundwater area is
			 established by an order or proclamation that is referenced in a basin program
			 rule, the Commission may amend the basin program rule referencing the critical
			 groundwater area order or proclamation so as to confirm the order's or
			 proclamation's provisions governing designation of the critical groundwater
			 area or the establishment of corrective control provisions and may alter or
			 modify a designated critical groundwater area only as consistent with
			 subsection (1). Any rulemaking as provided in this subsection does not amend an
			 order or proclamation as it directs the disposition of individual rights
			 adjudicated in the order or proclamation.
(3) Insofar as critical groundwater area
			 rules, orders or proclamations are amended to establish new or amended critical
			 groundwater area designations or new or amended corrective control measures,
			 such corrective control measures may apply:
(a) To those groundwater rights previously
			 adjudicated in a critical groundwater area order or proclamation only upon
			 completion of a contested case initiated pursuant to ORS 537.742 and ORS
			 183;
(b) To pending groundwater
			 applications and present groundwater rights, only upon completion of a
			 contested case initiated pursuant to ORS 537.742 and ORS 183.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 12 - OUT-OF-BASIN DIVERSION › Section 690-012-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules prescribe the definitions, standards, information
				requirements, and fees for processing an application proposing an out-of-basin
				diversion of water. The Water Resources Commission shall use these rules to
				evaluate the merits of applications to divert water from one basin to
				another.
Stat. Auth.: ORS 537
Stats. Implemented: ORS 537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 12 - OUT-OF-BASIN DIVERSION › Section 690-012-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules, the following terms shall have the
				indicated meanings.
(1) "Basin" means
			 one of the river basins within this state as defined by Water Resources
			 Department map number 0.2, dated 1987, and entitled "Oregon Drainage Basins,"
			 unless the context requires otherwise.
(2) "Basin of origin" means the basin in
			 which surface or groundwater that is the subject of an application under ORS
			 537.211,
			 537.400,
			 537.620,
			 540.520,
			 543.210 or
			 543.290 is located.
(3) "Commission" means Water Resources
			 Commission.
(4) "Department" means
			 the Water Resources Department.
(5)
			 "Director" means Water Resources Director.
(6) "Harm" means to waste or use water
			 inefficiently, deplete water supplies to the detriment of existing right
			 holders or public uses, overdraft groundwater supplies or degrade the quality
			 of surface or groundwater.
(7)
			 "Historically Transported" means the exercise of a valid water right, within
			 the last five years, in a manner that is beneficial and lawful.
(8) "Out-of-Basin-Diversion Application"
			 means either:
(a) An application for a new use
			 of water that proposes to divert water for use outside the basin of origin;
			 or
(b) An application to change the
			 place of use of an existing right to a place outside the basin of
			 origin.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 12 - OUT-OF-BASIN DIVERSION › Section 690-012-0030 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
The following general provisions shall apply to
				out-of-basin-diversion applications:
(1) These rules shall apply to all
			 out-of-basin-diversion applications subject to ORS
			 537.803 proposing to divert 0.5
			 cubic feet per second or more of either surface water, groundwater or
			 both.
(2) Out-of-basin-diversion
			 applications for new uses processed under these rules shall also comply with
			 all other applicable provisions of OAR Chapter 690, Division 11.
(3) Out-of-basin-diversion applications to
			 change the place of use processed under these rules shall also comply with all
			 other applicable provisions of OAR Chapter 690, Division 15.
(4) No out-of-basin-diversion application
			 subject to ORS 537.803 shall be accepted by the
			 Department until it addresses each of the information requirements described in
			 OAR 690-012-0040.
(5) No
			 out-of-basin-diversion application subject to ORS
			 537.803 shall be approved unless
			 the Commission has reserved water to meet future needs, including economic
			 development and public uses in the basin of origin.
(6) All out-of-basin-diversion applications
			 subject to ORS 537.803 proposing to divert 50
			 cfs or more shall require the consent of the Legislative Assembly.
(7) All out-of-basin-diversion applications
			 subject to ORS 537.803 shall be the subject of
			 one or more public hearings, at least one of which shall be held in the basin
			 of origin.
(8) These rules shall
			 not apply to applications to exchange water involving transfer of water out of
			 the basin of origin.
(9) These
			 rules shall not apply to applications by cities to facilitate regional
			 municipal water service if the city has historically transported water between
			 the basin of origin and the proposed receiving basin.
Stat. Auth.: ORS 537
Stats. Implemented: ORS 537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 12 - OUT-OF-BASIN DIVERSION › Section 690-012-0050 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The applicant
			 shall bear all costs to the State of Oregon for processing an application for
			 an out-of-basin diversion. An application for an out-of-basin diversion shall
			 be accompanied by the following fees:
(a) An
			 examination fee of $1,500;
(b) A
			 publication of analysis fee of $1,000; and
(c) A hearing fee of $1,200.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 13 - PETITION TO CHANGE DEPARTMENT RECORDS WITHIN WATER DISTRICTS › Section 690-013-0005 - Introduction

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish the criteria for
				filing petitions to adjust the water right record to match the actual use of
				the water within districts. Such petitions were authorized by ORS
				541.325 -
				541.333,
				536.050 and
				540.520 as modified by Chapter
				818, Oregon Laws 1993. This process cannot enlarge the original right or injure
				existing rights. The rules also define the standards for petitions and maps
				submitted by districts and for individual applications.
Stat. Auth.: ORS
				  541.325 - ORS
				  541.333
Stats. Implemented: ORS 537,325 - ORS
				  541.333
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 13 - PETITION TO CHANGE DEPARTMENT RECORDS WITHIN WATER DISTRICTS › Section 690-013-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Altered by the
			 Petition or Proposed Order": A water right is altered by the petition or
			 proposed order if its defining parameters would be changed if the petition or
			 proposed order were approved. The defining parameters include, among others,
			 the place of use, rate, duty, and limitations.
(2) "Application" means a written request by
			 individuals to change or transfer a water right. See the definition of
			 "petition".
(3) "Commission" means
			 the Water Resources Commission.
(4)
			 "Department" means the Water Resources Department.
(5) "Director" means the Director of the
			 Department.
(6) "General
			 Description" means the location of property or district by government
			 subdivision, metes and bounds or tax lot.
(7) "Interim Transfer" means a change in use
			 or place of use of those rights eligible under OAR Chapter 690, Division 13,
			 made during the preparation of a petition, and prior to the submission of that
			 petition to the Water Resources Department.
(8) "Owned or Controlled" means ownership in
			 fee, purchase on a land sale contract, option to purchase or lease.
(9) "Perfected Water Right" means a water
			 right confirmed by a court decree, water right certificates or transfers
			 recognized as complete by the Department.
(10) "Petition" means a written request by a
			 district for a new water right certificate which will include changes within
			 districts. See the definition of "application".
(11) "Transfer" means a formal change of use
			 or place of use of a perfected water right, pursuant to OAR Chapter 690,
			 Division 15.
(12) "User" means an
			 owner of land with an appurtenant water right pursuant to current state records
			 or proposed to be recognized as a result of a petition; and subject either
			 previously or currently, to assessment by a district and which right would be
			 altered by the petition and map filed by a district.
Stat. Auth.: ORS
				  541.325 - ORS
				  541.333
Stats. Implemented: ORS 537,325 - ORS
				  541.333
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 13 - PETITION TO CHANGE DEPARTMENT RECORDS WITHIN WATER DISTRICTS › Section 690-013-0030 - Eligibility to Petition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following types of water rights are eligible to petition:
(a) A perfected water right which has been
			 assessed by a district in at least one of the last five years. It is not
			 necessary for the water right to be in the name of the district;
(b) An approved transfer of water rights to
			 lands which have been assessed by a district in at least one of the last five
			 years but are not certified by the Department; and
(c) A permit for supplemental supply which
			 moves with the perfected primary right.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 13 - PETITION TO CHANGE DEPARTMENT RECORDS WITHIN WATER DISTRICTS › Section 690-013-0050 - Individual Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 district fails or refuses to file a petition, an owner may file an application
			 affecting only the owner's land. The application shall be on the form provided
			 by the Department. Division 15 transfer rules shall apply except that the
			 applicant shall not be obliged to hire a Certified Water Right Examiner to
			 prepare the application map and claim of beneficial use. Fees for those
			 applications shall be as specified in ORS
			 536.050.
(2) Several owners within a section
			 quarter-quarter may file as a group. The application shall comply with Division
			 15 rules except that the applicant shall not be obliged to hire a Certified
			 Water Right Examiner to prepare the application map and claim of beneficial
			 use. There are no fees required by these applications.
(3) Applications under this section will
			 adhere to the timing and verification procedures found in OAR 690-013-0300 and
			 690-013-0350.
Stat. Auth.: ORS
				  541.325 - ORS
				  541.333
Stats. Implemented: ORS 537,325 - ORS
				  541.333
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 13 - PETITION TO CHANGE DEPARTMENT RECORDS WITHIN WATER DISTRICTS › Section 690-013-0070 - Interim Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
Water right changes inside districts made prior to July 1,
				1993, may comply with the following:
(1) Where the change is to occur prior to the
			 District submitting its petition which will include this change, the district
			 may submit a notice to the Department. This notice requires no fee, but shall
			 include:
(a) A statement that the district
			 intends to file a petition including this change; and
(b) A completed interim transfer notice on a
			 form provided by the Department.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 13 - PETITION TO CHANGE DEPARTMENT RECORDS WITHIN WATER DISTRICTS › Section 690-013-0100 - District Petitions

Current through Register Vol. 63, No. 7, July 1, 2024
The district petition shall include:
(1) A listing of:
(a) All of the applicable water rights on
			 lands within the district boundaries;
(b) Only the lands where water use changes
			 have occurred. If the change involves part of a section quarter-quarter, all
			 water rights in the quarter-quarter must be requested; or
(c) A portion of the district to provide a
			 clear record of the water rights. If a portion involves part of a section
			 quarter-quarter, the entire quarter-quarter must be requested. Any part of the
			 district that no longer matches the Department map or certificate should be
			 included in the petition.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 13 - PETITION TO CHANGE DEPARTMENT RECORDS WITHIN WATER DISTRICTS › Section 690-013-0110 - Requests for Additional Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 541.329(6), the
			 Director may require additional information if the Director determines it is
			 needed to evaluate the petition.
(2) If the Director returns a petition or map
			 to a district for correction or additional information, the Director shall
			 prescribe a reasonable deadline for the petitioner to provide additional
			 information or correct the petition and map. If the petitioner fails to meet
			 the deadline prescribed by the Director, the Director may deny the
			 petition.
Stat. Auth.: ORS
				  541.325 - ORS
				  541.333
Stats. Implemented: ORS 537,325 - ORS
				  541.333
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 13 - PETITION TO CHANGE DEPARTMENT RECORDS WITHIN WATER DISTRICTS › Section 690-013-0120 - Supplemental Permits

Current through Register Vol. 63, No. 7, July 1, 2024
When supplemental permits apply to lands having perfected water
				rights, the supplemental permit shall be appurtenant to the land listed in the
				petition.
Stat. Auth.: Ch. 1000, Oregon Laws 1989
Stats. Implemented: Ch. 1000, Oregon Laws 1989
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 13 - PETITION TO CHANGE DEPARTMENT RECORDS WITHIN WATER DISTRICTS › Section 690-013-0150 - District Shall Certify Petition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The petitioner or petitioner's authorized
			 representative shall certify that the information contained in the petition and
			 attached exhibits is true and accurate to the best knowledge of the
			 petitioner.
(2) The petitioner
			 shall certify that notice was sent by certified mail to the user of every
			 parcel whose right of record, as evidenced by the district's records, is to be
			 altered by the petition. The certification shall state that the notice was sent
			 to the last known address of the user with a return receipt requested and
			 include:
(a) The number of acres of land or
			 its equivalent for which the user is being assessed;
(b) A general description or tax lot number
			 of the land to which the water is assigned;
(c) A description of the use; and
(d) A request that the user confirm that the
			 information in the notice is correct.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 13 - PETITION TO CHANGE DEPARTMENT RECORDS WITHIN WATER DISTRICTS › Section 690-013-0200 - Mapping Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The map submitted with a district petition or individual
				application shall meet the following criteria:
(1) The preferred map size is 8 1/2" by 11";
			 the maximum size shall be 30" x 30" unless prior approval is obtained from the
			 Department. Standard map symbols shall be used as provided by the
			 Department.
(2) The map shall be
			 drawn in ink on permanent quality tracing linen or 0.003-inch mylar with
			 sufficient clarity so as to be easily reproduced. It shall be drawn to one of
			 the following scales:
(a) One inch equals 1320
			 feet;
(b) One inch equals 400
			 feet;
(c) The assessor's scale if
			 larger than one inch equals 1,320 feet; or
(d) A combination of these scales if using
			 map inserts.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 13 - PETITION TO CHANGE DEPARTMENT RECORDS WITHIN WATER DISTRICTS › Section 690-013-0350 - Field Verification of the Petition and Map

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director shall examine the petition
			 and maps that are filed. The examination may include a site inspection to
			 verify the accuracy of the petition, maps and addenda; to verify whether the
			 application of water is to an allowed beneficial use; or to determine whether
			 an existing water right may be injured. The Director may use statistical
			 sampling methods in lieu of examining the entire acreage in the
			 petition.
(2) The examination shall
			 consider the following requirements:
(a)
			 Evidence of a method to control and deliver the water;
(b) Evidence of cultivation of the lands
			 described under the petition, if for irrigation; and
(c) Evidence of beneficial use of the water;
			 and
(d) Evidence of potential
			 injury to existing water rights.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 13 - PETITION TO CHANGE DEPARTMENT RECORDS WITHIN WATER DISTRICTS › Section 690-013-0500 - Penalty for Knowingly Misrepresenting Information

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may assess penalties of up to $1,000 for knowingly
				misrepresenting information within a petition or map. The following factors
				shall be considered when prescribing a penalty:
(1) Whether the petitioner made a material
			 misstatement of omission of fact.
(2) The amount of land and/or volume of water
			 in evidence in the misrepresentation in relation to the amount of land or
			 volume of water in the whole petition.
(3) Whether the petitioner has cooperated in
			 correcting the misrepresentation or omission in a timely fashion.
(4) The cost to the Department after the
			 initial field examination, including travel costs to obtain and verify
			 corrections to the petition.
(5)
			 Any other relevant factors.
Stat. Auth.: Ch. 1000, Oregon Laws 1989
Stats. Implemented: Ch. 1000, Oregon Laws 1989
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 14 - CERTIFIED WATER RIGHT EXAMINERS › Section 690-014-0005 - Introduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules is to establish the criteria for certification of Water Right
			 Examiners. They also define the minimum standards and criteria under which
			 Certified Water Right Examiners shall conduct surveys to describe the extent of
			 appropriation for beneficial use of public waters. The rules also describe the
			 information required and procedure for preparing maps to accompany transfer
			 applications. These rules are in addition to OAR chapter 690, divisions 020,
			 051, 300, 310 and 380.
(2) These
			 rules shall not deprive or limit the Director of the Water Resources Department
			 or the Water Resources Commission from exercising powers or duties bestowed by
			 law. Nor shall they limit or restrict the information the Director or
			 Commission may require from any water user or authorized agent to determine
			 satisfactory proof.
(3) The
			 authority for these rules are found in ORS Chapters 183, 536, 537, and 540, and
			 in particular ORS 537.797 to
			 537.799.
(4) These rules shall apply to Claims of
			 Beneficial Use submitted on or after July 1, 2004. Claims of Beneficial Use
			 submitted before this date shall be subject to the rules in effect at the time
			 of submittal.
Stat. Auth.: ORS 536 & 537
Stats. Implemented: ORS 536 & 537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 14 - CERTIFIED WATER RIGHT EXAMINERS › Section 690-014-0030 - Certified Water Right Examiner Required

Current through Register Vol. 63, No. 7, July 1, 2024
The water user or person responsible for a permit, transfer
				application, or transfer final order must have a CWRE prepare:
(1) The map for a transfer
			 application.
(2) The Claim of
			 Beneficial Use if the permit or transfer application was filed after July 9,
			 1987.
Stat. Auth.: ORS 536 & 537
Stats. Implemented: ORS 536 & 537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 14 - CERTIFIED WATER RIGHT EXAMINERS › Section 690-014-0050 - Certification of Water Right Examiners

Current through Register Vol. 63, No. 7, July 1, 2024
CWREs shall be certified by OSBEELS. In addition to these
				rules, OSBEELS rules found in OAR chapter 820 apply.
(1) CWRE applicants shall be registered in
			 Oregon as a professional engineer, professional land surveyor or registered
			 geologist.
(2) To become a CWRE, an
			 applicant shall pass a written examination administered by OSBEELS and approved
			 by the Department to determine the applicant's ability to properly perform the
			 surveying, mapping, hydraulic computations, and information gathering duties
			 required by ORS 537.798.
(3) All documents, drawings, or narratives
			 required by these rules shall be prepared by or under the direct supervision of
			 a CWRE. These items shall bear the seal and original signature of the
			 CWRE.
Stat. Auth.: ORS 536 & 537
Stats. Implemented: ORS 536 & 537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 14 - CERTIFIED WATER RIGHT EXAMINERS › Section 690-014-0080 - Revocation of Certified Water Right Examiner's Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
CWREs may be decertified by OSBEELS for violation of OAR
				chapter 690, division 014 rules or violation of OAR chapter 820 rules.
(1) Any violation of these rules by a CWRE
			 and brought to the attention of the Director by Department staff, the public,
			 or other means may be submitted to OSBEELS. A material misstatement of fact
			 shall be referred to OSBEELS for disciplinary action.
(2) Revocation of the CWRE's certificate does
			 not in itself cause forfeiture of that person's other professional licenses or
			 credentials.
Stat. Auth.: ORS 536 & 537
Stats. Implemented: ORS 536 & 537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 14 - CERTIFIED WATER RIGHT EXAMINERS › Section 690-014-0090 - Maps for Transfer Applications

Current through Register Vol. 63, No. 7, July 1, 2024
Application maps for transfer shall comply with ORS Chapters
				536, 537, and 540, and OAR chapter 690, divisions 020 and
				380.
Stat. Auth.: ORS 536 & 537
Stats. Implemented: ORS 536 & 537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 14 - CERTIFIED WATER RIGHT EXAMINERS › Section 690-014-0100 - Minimum Requirements for Claims of Beneficial Use for Permits and Transfer Final Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The CWRE
			 shall prepare a report, using a form or format provided by the Department,
			 which describes the status of conditions and limitations in permits and
			 transfer final orders such as:
(a) Type of
			 use;
(b) Period of use;
(c) Place of use;
(d) Extent of use;
(e) Location of point of diversion or point
			 of appropriation;
(f) Source of
			 water;
(g) Rate;
(h) Installation of measuring
			 device;
(i) Water use
			 reporting;
(j) Water level
			 reporting;
(k) Fish
			 screening;
(l) The date of the
			 inspection; and
(m) All other
			 conditions or limitations.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 14 - CERTIFIED WATER RIGHT EXAMINERS › Section 690-014-0110 - Claim of Beneficial Use: General Standards

Current through Register Vol. 63, No. 7, July 1, 2024
The Claim of Beneficial Use shall be prepared by a CWRE and
				submitted by the holder of the permit or transfer final order or by an
				authorized agent.
(1) In addition to
			 the rules of professional conduct found in OAR chapter 820, CWREs should be
			 aware of the public interest regarding Examiners' investigations of water use.
			 Uses not authorized or not completed within the terms of the permit or transfer
			 final order, or water not beneficially used, shall not be included in the Claim
			 of Beneficial Use. Claims of Beneficial Use shall not violate any of the
			 provisions of the Water Rights Act or these rules.
(2) All Claims of Beneficial Use shall be
			 made to match with existing water rights of record, unless an error in the
			 original location is identified. If an error in an existing water right record
			 is found, then evidence of the correct location as it pertains to the current
			 claim shall be submitted to the Department as part of the Claim of Beneficial
			 Use.
(3) The Director may refuse to
			 accept Claims of Beneficial Use which do not conform to these rules and
			 regulations.
(4) The form or format
			 provided by the Department for Claim of Beneficial Use shall question whether
			 beneficial use was made. If the permittee or transferee claims that beneficial
			 use was made, the claim must be supported with a sufficient description of the
			 use prepared by the CWRE to enable the Department to decide if beneficial use
			 was made under the terms and conditions of a permit or transfer final
			 order.
(5) Follow up inspections
			 may be made by the Department.
Stat. Auth.: ORS 536 & 537
Stats. Implemented: ORS 536 & 537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 14 - CERTIFIED WATER RIGHT EXAMINERS › Section 690-014-0170 - Minimum Requirements for Maps for Permit or Transfer Final Order Claims of Beneficial Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Maps submitted
			 as part of the Claim of Beneficial Use shall be drawn in ink on at least
			 0.003-inch polyester film and otherwise conform to all the requirements for
			 application maps as noted in OAR
			 690-310-0050.
			 If for irrigation, the area cross-hatchured shall not exceed the total acreage
			 authorized in the permit or transfer final order involved. More than one permit
			 or transfer may be entered on the same map if clearly identified by different
			 cross-hatchuring. The map scale shall be 1" = 1320', 1" = 400', or the original
			 full-size scale of the county assessor map for the location. The preferred map
			 size is 8 1/2" x 11". The maximum size shall be 30" x 30" unless prior approval
			 is obtained from the Department. Standard symbols shall be used as indicated in
			 Department handouts.
(2) Horizontal
			 accuracy is required only to ten feet for the purpose of locating and
			 quantifying water rights. Maps shall be developed from any standard survey
			 method. Traverse closures are not required.
(3) Maps shall clearly designate the place of
			 use and point of diversion or appropriation for each source and use. Maps for
			 permits or transfer final orders involving surface water must illustrate the
			 source.
(4) The map shall indicate
			 by description, in relation to the point of diversion or appropriation, the
			 location of any fish screens, by-pass devices, and measuring devices required
			 by the permit or transfer final order.
(5) The following statement shall be placed
			 on the map: "This map is not intended to provide legal dimensions or locations
			 of property ownership lines."
(6)
			 Maps depicting municipal place of use need only show the township, range,
			 section, and quarter-quarter sections where use has occurred under the subject
			 permit. The scale for a municipal place of use map should be sufficient to
			 identify the quarter-quarters involved in the place of use.
(7) A CWRE may make a written request to the
			 Director for a waiver of one or more mapping standards. The Director will
			 determine whether the waiver shall be allowed and will respond to such requests
			 in writing.
Stat. Auth.: ORS 536 & 537
Stats. Implemented: ORS 536 & 537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 14 - CERTIFIED WATER RIGHT EXAMINERS › Section 690-014-0190 - Time Limit for Filing Claim of Beneficial Use

Current through Register Vol. 63, No. 7, July 1, 2024
The Claim of Beneficial Use shall be submitted to the
				Department within one year after the use was reported to the Department as
				being complete or the beneficial use date allowed in the permit or transfer
				final order, whichever occurs first. Failure to comply with this section shall
				cause the Director to initiate permit cancellation proceedings as provided by
				ORS 537.260.
Stat. Auth.: ORS 536 & 537
Stats. Implemented: ORS 536 & 537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 14 - CERTIFIED WATER RIGHT EXAMINERS › Section 690-014-0220 - Time Limit to Cure Defects in a Claim of Beneficial Use

Current through Register Vol. 63, No. 7, July 1, 2024
A Claim of Beneficial Use which needs corrections or additions
				shall be returned to the CWRE to correct the deficiencies. The corrected claim
				shall be returned to the Department within the written time limit allowed. The
				time allowed will be determined by the Director, but shall not be less than 30
				days. Any claims not returned within the specified time may result in the
				Director submitting the name and certificate number of the CWRE involved to
				OSBEELS for disciplinary action.
Stat. Auth.: ORS 536 & 537
Stats. Implemented: ORS 536 & 537