reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 250 - WATER DISTRIBUTION › Section 690-250-0080 - Water Rotation Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Appropriators may rotate use of the supply to which they may be collectively
			 entitled. The nature of potential agreements are subject to the limitations in
			 section (3) of this rule.
(2) An
			 agreement shall identify the duration of the agreement which shall be no less
			 than one irrigation season. The agreement shall not be terminated within an
			 irrigation season, and the rotation agreement shall be signed by all
			 participants and dated. A copy of the agreement shall be filed with the
			 watermaster for the area. Unless the rotation agreement provides otherwise, any
			 member of the agreement may notify the watermaster after the end of the
			 irrigation season, and before the beginning of the next season's use, that they
			 are terminating the agreement.
(3)
			 A watermaster shall distribute water only under those enforceable agreements
			 that include the provisions of section (2) of this rule. A watermaster shall
			 not implement a rotation agreement that violates existing water statutes, court
			 decrees, instream water rights, minimum flows, other rules of the Commission,
			 or interferes with the rights of any appropriator not a member of such
			 agreement. If distribution of water by the rotation agreement requires
			 substantially more of the watermaster's time than distribution among the
			 relative priorities, then the watermaster may require payment by the
			 appropriators for an assistant watermaster, as described in ORS
			 540.100.
(4) The agreement may contain language
			 describing how a call from an appropriator or minimum flow senior to one or
			 more appropriators in the rotation will be honored.
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 250 - WATER DISTRIBUTION › Section 690-250-0090 - Entry on Private Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 536.037(1)(e)
			 empowers the director to "enter upon any private property in the performance of
			 the duties of the director, doing no unnecessary injury to the private
			 property." The director may delegate authority to a watermaster or any other
			 staff member. Authority to enter private property to inspect wells is granted
			 in ORS 537.780(4).
(2) Entry as stated above is restricted to
			 open areas and does not include entry into the house or immediate out buildings
			 except with permission. If an owner or occupant refuses permission to enter or
			 threatens physical harm or obstruction of the watermaster's performance of
			 duties, the watermaster may seek a court order or an administrative search
			 warrant with the aid of the district attorney or a police officer. If the owner
			 or occupant refuses permission to enter, the watermaster may regulate a
			 diversion that is not on the property if it is accessible.
(3) If a watermaster has reason to believe
			 that water is being used illegally, the watermaster may enter private property
			 to inspect, gather evidence, and/or post any unauthorized uses found, if the
			 watermaster restricts entry to open areas. The watermaster may enter open areas
			 of private property if there exists probably cause that the property contains
			 evidence of a violation of the water laws and urgent circumstances justify
			 warrantless entry. If the owner or occupant is present or has been contacted
			 and refuses permission to enter, the watermaster may seek a search warrant or
			 other court order to enter the property.
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 250 - WATER DISTRIBUTION › Section 690-250-0100 - Regulation of Surface Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 watermaster shall investigate and respond to all complaints of water shortages
			 or unlawful use based on a review of appropriate records and performance of
			 field inspections, as judgement may require. The watermaster's response may be
			 oral or written communication to appropriators involved in the complaint or
			 shortages, or by personal visits by the watermaster or assistant
			 watermaster.
(2) The watermaster
			 may begin regulation if investigation reveals a valid complaint of water
			 shortage or unlawful use. Water shall be regulated in accordance with the
			 relative rights or rotation agreements of the appropriators involved in the
			 complaint or shortage.
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 250 - WATER DISTRIBUTION › Section 690-250-0110 - Regulation of Ground Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 watermaster shall respond to complaints based on a review of appropriate
			 records and performance of necessary field inspections as judgement may
			 require. The watermaster may request the assistance of a ground water
			 geologist. The watermaster's response may be by oral or written communication
			 to appropriators involved in the complaint or by personal visits by the
			 watermaster or assistant watermaster.
(2) The watermaster shall distribute the
			 ground water within the affected areas if substantial interference, or
			 substantial thermal interference, is determined. Ground water shall be
			 distributed in accordance with the relative rights or rotation agreements of
			 the appropriators involved in the complaint. The watermaster may request the
			 assistance of a ground water geologist during any phase of ground water
			 distribution.
Stat. Auth.: ORS 537 & ORS 540
Stats. Implemented: ORS 537 & ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 250 - WATER DISTRIBUTION › Section 690-250-0120 - Regulation of Ground Water/Surface Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The watermaster shall respond to
			 complaints based on a review of appropriate records and performance of
			 necessary field inspections as judgement may require. The watermaster may
			 request the assistance of a ground water geologist. The watermaster's response
			 may be by oral or written communication to the ground water and surface
			 appropriators involved in the complaint, or by personal visits by the
			 watermaster or assistant watermaster.
(2) The watermaster shall distribute the
			 surface water and ground water by relative priority within the affected area if
			 ground water and surface water connection and substantial interference are
			 determined. The watermaster may request the assistance of a ground water
			 geologist during any phase of ground water/surface water
			 distribution.
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 250 - WATER DISTRIBUTION › Section 690-250-0130 - Regulation of Exempt Groundwater Uses Under ORS 537.545

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to non-exempt uses, the
			 watermaster may regulate exempt uses of groundwater based on the priority of
			 the exempt uses. The priority date shall be the date the well was completed as
			 shown on the well log.
(2) If no
			 completion date is shown on the well log or if no well log is available for the
			 well, the owner of the well may provide other documentation that shows when
			 water use began, to establish the date of priority. Examples of such
			 documentation include but are not limited to the following:
(a) Copies of building permits for houses
			 served by the well;
(b) Records of
			 power use to pump the well; and
(c)
			 Affidavits from people stating when water use began.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 250 - WATER DISTRIBUTION › Section 690-250-0140 - Special Problem Area Regulation

Current through Register Vol. 63, No. 7, July 1, 2024
The watermaster may prohibit the diversion or use of water by
				anyone who has failed to comply with a Commission rule or order pursuant to a
				declaration of a serious water management problem area under ORS
				540.435.
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 250 - WATER DISTRIBUTION › Section 690-250-0150 - Management of Stored Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Water which has been illegally stored is under the complete control of the
			 watermaster. When water has been illegally stored, the watermaster shall notify
			 the owner of the reservoir containing the illegally stored water of how much
			 was illegally stored and how it is to be released. If necessary, the
			 watermaster may take control of the outlet controls to effect the appropriate
			 release. Such release shall be done in a manner which will make the most
			 effective use of the water for downstream uses. Releases recommended by the
			 Oregon Fish and Wildlife Department to prevent damage to fish and wildlife
			 resources may be considered.
(2)
			 Downstream storage right holders can demand water from upstream storage right
			 holders when the actions of upstream storage right holders, junior in priority,
			 have prevented the fulfillment of the downstream, senior storage rights. When
			 storable water is made available to downstream storage interests, any of the
			 storable water which they fail to store shall be deducted from the amount that
			 could be demanded from the upstream rights holders. While downstream senior
			 rights must be protected, they have a duty to store when it is available. The
			 senior right holder's failure to do so shall not work to the disadvantage of an
			 upstream junior right. When releases from upstream storage are made, the
			 recommendations of the Department of Fish and Wildlife may be considered to
			 prevent damage to fish and wildlife resources.
(3) When physical circumstances permit, and
			 when all interests involved agree, the watermaster shall coordinate the storage
			 and release of waters from multiple reservoirs in a manner which results in the
			 most effective use of the storage space available. However, such action shall
			 not deprive any water right holder of water to which the holder would otherwise
			 have been entitled. The purpose of this section is to allow the watermaster to
			 deviate from the storage program dictated by the storage right holders involved
			 when such deviation would result in mutual benefits to all parties, including
			 the public. Such deviations may include water exchanges between consenting
			 storage interests. Releases recommended by the Oregon Fish and Wildlife
			 Department to prevent damage to fish and wildlife resources may be
			 considered.
(4) Use of legally
			 stored water is governed by the water rights, if any, which call on that source
			 of water. Any legally stored water released in excess of the needs of water
			 rights calling on that source of water shall be considered natural flow, unless
			 such release is part of a water exchange under the approval and control of the
			 watermaster.
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 250 - WATER DISTRIBUTION › Section 690-250-0160 - Collections Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Water Resources Department has collection authority through the provisions of
			 ORS 540.080,
			 540.100 to
			 540.135,
			 540.220 to
			 540.260, and
			 540.410.
(2) The Director may bill for services where
			 authorized by statute. With the exception of ORS
			 540.410 any billable activity
			 shall be paid in advance by the user before services are rendered.
(3) When the demand for services exceeds the
			 personnel available to provide the services requested, and county funds do not
			 provide the funding for the assistant watermasters, the appropriators demanding
			 the service may pay the assistant's compensation and expenses. If the users
			 requesting the service pay the compensation and expenses of an assistant
			 watermaster, payment shall be in advance, based on an estimation of the
			 compensation and expenses. If funding is provided, the services may be
			 continued as long as the funding covers the earned compensation and expenses.
			 If no funding is provided, the services requested may be provided by the
			 watermaster or assistant watermaster as time is available.
(4) Upon a written request for the
			 watermaster to distribute water on a private water delivery system, the
			 watermaster shall prepare an estimate for expenses and compensation to do the
			 distribution. The Director shall require the appropriators requesting the
			 distribution to pay in advance the estimated compensation and expenses. It
			 shall be the responsibility of the appropriators requesting the distribution to
			 proportion the compensation and expenses, as described in ORS
			 540.100, to the users of the
			 water delivery system.
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 260 - CIVIL PENALTY ASSESSMENT FOR OTHER THAN WELL CONSTRUCTORS › Section 690-260-0005 - Purpose of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of these rules is to provide guidance for enforcement and assessment of civil
			 penalties for violations of state water law. Notice requirements,
			 classification of violations, a penalty schedule and a hearing process are
			 described in the rules.
(2) These
			 rules are intended to carry out authority granted to the Commission in ORS
			 536.900 to
			 536.935. Except as provided in
			 OAR 690-262-0090, the Commission delegates to the Director the authority to
			 implement the provisions of OAR 690-260. These rules are in addition to civil
			 penalty rules authorized by the 1985 Legislature for violations by well
			 constructors (OAR 690-225).
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 260 - CIVIL PENALTY ASSESSMENT FOR OTHER THAN WELL CONSTRUCTORS › Section 690-260-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply in OAR Chapter 690, Division
				260.
(1) "Acceptable Schedule" means a
			 compliance schedule that is acknowledged and signed by the Director.
(2) "Agency" means any state board,
			 commission, department or division thereof, or any officer authorized by law to
			 make rules or to issue orders, except those in the legislative and judicial
			 branches of government.
(3)
			 "Beneficial Use" means the reasonably efficient use of water without waste for
			 a purpose consistent with the laws and the best interests of the people of the
			 state.
(4) "Burden of Proof" means
			 the necessity or duty of affirmatively proving a fact or facts in a
			 dispute.
(5) "Commission" means the
			 Water Resources Commission.
(6)
			 "Corrective Action" means actions to be taken by the responsible party, as
			 specified by the Director, to correct violations reflected in a notice of
			 violation or notice of assessment of civil penalty.
(7) "Department" means the Water Resources
			 Department.
(8) "Director" means
			 the Director of the Water Resources Department.
(9) "Financial Gain" means the amount of
			 economic gain realized by the responsible party from non-compliance with the
			 state water law from the date specified in a notice of violation until
			 corrective action is taken.
(10)
			 "Hearing" means a contested case hearing as defined in the Oregon
			 Administrative Procedure Act.
(11)
			 "Notice of Assessment of Civil Penalty" means a written notice which includes a
			 reference to the statute, rule, order, permit condition or standard involved; a
			 statement of the matters asserted or charged; the amount of the penalty
			 imposed; and a statement of the right of the person to request a
			 hearing.
(12) "Notice of Violation"
			 means a written notice which includes a reference to the statute, rule, order,
			 permit condition or standard violated; the date of the violation; and the time
			 specified for correction of the violation.
(13) "Person" means any individual,
			 part-nership, corporation, association, governmental subdivision or public or
			 private organization of any character other than an agency.
(14) "Responsible Party" means the person or
			 agency that is in control and is either in violation as specified in a notice
			 of violation or who may benefit from that violation.
(15) "Similar Violation" means a violation of
			 a statute, rule, order, permit condition, or standards for which the person or
			 agency has previously received a notice of violation.
(16) "Waste" means for purposes of assessing
			 civil penalties, when the quantity of water diverted exceeds the quantity
			 required to meet the beneficial use specified in a water right, not including
			 reasonable system losses, return flows, or diversion rates of water allowed in
			 a water right or a rotation agreement.
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 260 - CIVIL PENALTY ASSESSMENT FOR OTHER THAN WELL CONSTRUCTORS › Section 690-260-0020 - Violation Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon the
			 Director's own initiative, or in response to a complaint alleging violation of
			 certain statutes, rules, orders, permit conditions or standards, the Director
			 may investigate to determine if a violation occurred.
(2) If the investigation indicates a
			 violation is occurring, or has occurred, the Director, following appropriate
			 notice, may impose a civil penalty against the responsible party for the
			 violation. The Director bears the burden of proof to establish a violation.
			 Assessment of a civil penalty shall not prevent the Director from taking other
			 regulatory actions permitted by law.
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 260 - CIVIL PENALTY ASSESSMENT FOR OTHER THAN WELL CONSTRUCTORS › Section 690-260-0030 - Notice of Violation

Current through Register Vol. 63, No. 7, July 1, 2024
The responsible party shall be notified of a violation within
				10 business days of confirmation by the Director of the violation. Notice of
				the violation occurs when the Department has either delivered the notice of
				violation in person or mailed the notice to the responsible party by certified
				or registered mail. Notice may be given, if reasonably possible, by personal
				delivery to the responsible party. The notice shall include the statute, rule,
				order, permit condition or standard violated; the date the violation occurred;
				and a specified time for correction. If the violation is not corrected within
				the time given in the notice, a civil penalty and damages related to
				enforcement may be imposed.
Statutory/Other Authority: ORS 540, Or Laws 2022, ch 52, ORS
				  183, ORS 536.027, ORS
				  536.900-536.935, ORS
				  537.505-537.795 & ORS
				  537.992
Statutes/Other Implemented: ORS 540, Or Laws 2022, ch 52, ORS
				  536.900-536.935, ORS
				  537.505-537.795 & ORS
				  537.992
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 260 - CIVIL PENALTY ASSESSMENT FOR OTHER THAN WELL CONSTRUCTORS › Section 690-260-0040 - Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Violations are
			 classified as follows:
(a) Class I -
			 Violations of the terms or conditions of a permit, certificate or license
			 issued under ORS 536 to 543; Violation of ORS
			 537.130 or
			 537.535; Violation of ORS
			 540.045, 210, 320, 340, 435,
			 710, 720; or rules adopted under ORS
			 540.145;
(b) Class II - Violation of ORS
			 540.310, 330, and 730;
(c) Class III - Violation of any rule or
			 order of the Water Resources Commission that pertains to well maintenance;
			 violation of ORS 537.545(5); and
			 violation of ORS 540.440.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 260 - CIVIL PENALTY ASSESSMENT FOR OTHER THAN WELL CONSTRUCTORS › Section 690-260-0050 - Reasonable Time for Correction of Violation

Current through Register Vol. 63, No. 7, July 1, 2024
No civil penalty shall be assessed for a violation if the
				person or agency causing the violation, corrects the violation within the time
				given for correction in the notice of violation. Reasonable Time for Correction
				Guidelines:
(1) Class I
(a) Major, same day;
(b) Moderate, 2 days;
(c) Minor, 10 days.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 260 - CIVIL PENALTY ASSESSMENT FOR OTHER THAN WELL CONSTRUCTORS › Section 690-260-0055 - Repeat Violations and Continuing Notice of Violation

Current through Register Vol. 63, No. 7, July 1, 2024
Any similar violation for which the person or agency
				responsible has received a notice of violation within the last three years is a
				repeat violation. Such notice shall serve as a continuing notice of the
				violation. In the case of repeat violations, a civil penalty may be imposed
				without providing additional time for correction.
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 260 - CIVIL PENALTY ASSESSMENT FOR OTHER THAN WELL CONSTRUCTORS › Section 690-260-0060 - Notice of Assessment of Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons or
			 agencies who have received a notice of violation, as prescribed in OAR
			 690-260-0030, and have not corrected the violation within the time specified in
			 the notice or have been previously served a notice for a similar violation may
			 be assessed a civil penalty. A notice of assessment of civil penalty shall be
			 delivered either in person or sent by certified or registered mail to the
			 responsible party.
(2) The notice
			 shall include the following:
(a) A reference
			 to the particular sections of the statute, rule, order, permit condition or
			 standard involved;
(b) A short and
			 plain statement of the matters asserted or charged;
(c) A statement of the amount of the penalty
			 or penalties imposed; and
(d) A
			 statement of the right of the person to request a hearing.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 260 - CIVIL PENALTY ASSESSMENT FOR OTHER THAN WELL CONSTRUCTORS › Section 690-260-0070 - Schedule of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Base penalties shall be determined through the use of the following matrix:
(a) Class I
(A) Major, $1000;
(B) Moderate, $500;
(C) Minor, $250.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 260 - CIVIL PENALTY ASSESSMENT FOR OTHER THAN WELL CONSTRUCTORS › Section 690-260-0080 - Adjustments to Schedule of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the repeat factor listed
			 in OAR
			 690-260-0070(2),
			 the Director shall consider:
(a) The past
			 history of the person incurring a penalty in taking all feasible steps or
			 procedures necessary or appropriate to correct any violation;
(b) Any prior violations of statutes, rules
			 or orders pertaining to water use;
(c) The economic and financial conditions of
			 the person incurring the penalty, including any financial gains resulting from
			 the violation; and
(d) The
			 immediacy and extent to which the violation threatens other rights to the use
			 of water or the public health or safety or the public interest in the waters of
			 this state. The Director may consider any other relevant factor, when imposing
			 a civil penalty.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 260 - CIVIL PENALTY ASSESSMENT FOR OTHER THAN WELL CONSTRUCTORS › Section 690-260-0090 - Opportunity for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons
			 or agencies receiving a notice imposing a civil penalty may request a hearing
			 within 10 days from the date of mailing the notice. Notice may be served
			 personally or by mail. In the case of service by mail, the date of mailing
			 shall serve as the notice date. The request for hearing shall be considered
			 made on the date that the request is postmarked.
(2) The Commission delegates to the Director
			 the authority to schedule and conduct a contested hearing if one is requested.
			 The Director may issue a proposed order following the hearing. If no exceptions
			 are filed, the proposed order becomes final. If exceptions are filed to the
			 proposed order, the Commission shall issue the final decision.
(3) The Director may recommend that the
			 Commission reduce or remit the amount of the penalty if evidence, or
			 negotiations presented in preparation for the hearing, indicates that the
			 amount of the penalty was inappropriate. The following factors may be
			 considered when reducing or remitting a civil penalty:
(a) History of similar violations;
(b) Willingness to comply;
(c) impact on other water rights;
(d) Economic gain resulting from the
			 violation;
(e) Financial ability of
			 the violator to pay the penalty; and
(f) Incorrect identification of the
			 responsible party.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 260 - CIVIL PENALTY ASSESSMENT FOR OTHER THAN WELL CONSTRUCTORS › Section 690-260-0100 - Liability for Damages Related to Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons or agencies who have been ordered
			 to take correction action by the Water Resources Commission, and who fail to do
			 so without sufficient cause, are liable for damages. The calculation of damages
			 may include all expenses incurred by the Department after the time for
			 corrective action specified in the notice of violation has passed, that are the
			 result of the person's or agency's failure to act. The damages shall not exceed
			 the amount of all expenses incurred by the Water Resources Department in
			 carrying out enforcement duties related to the corrective action. Damages are
			 in addition to the civil penalties assessed for violations.
(2) As used in this rule, "sufficient cause"
			 includes, but is not limited to, the following:
(a) Failure of notice to be given to the
			 appropriate person or agency through no fault of the person or agency;
			 and
(b) Failure to take the
			 corrective action because of conditions or circumstances outside the control of
			 the person or agency.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 260 - CIVIL PENALTY ASSESSMENT FOR OTHER THAN WELL CONSTRUCTORS › Section 690-260-0110 - Notice of Violation to Water Providing Organizations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a member of a water providing
			 organization is notified of a violation, a duplicate notice of violation shall
			 be served in person or by registered or certified mail on the
			 organization.
(2) The purpose of
			 notification to the organization is to encourage the organization to assist in
			 obtaining compliance from the individual member.
Stat. Auth.: ORS 540
Stats. Implemented: ORS 540
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this division is to establish information requirements, and procedures and
			 standards which shall be applied by the Department in the evaluation of
			 applications for a permit to appropriate surface water, ground water, to
			 construct a reservoir and store water, to use reserved water or to use water
			 stored in a reservoir.
(2)
			 Applicants should be aware that other rule divisions apply to applications for
			 instream water rights (OAR Chapter 690, Division 77), reservations for economic
			 development (OAR Chapter 690, Division 79), water right transfers (OAR Chapter
			 690, Division 15), use of conserved water (OAR Chapter 690, Division 18), water
			 use for chemical process mining (OAR Chapter 690, Division 78), out-of-basin
			 diversions (OAR Chapter 690, Division 12), drought mitigation (OAR Chapter 690,
			 Division 19), claims for pre-1909 vested water rights (OAR Chapter 690,
			 Division 28), hydroelectric power generation (OAR Chapter 690, Division 51),
			 minimum perennial streamflows (OAR Chapter 690, Division 76) and other uses of
			 water not subject to permit or certificate requirements (OAR Chapter 690,
			 Division 340).
Stat. Auth.: ORS
				  536.027, 595 & ORS
				  654
Stats. Implemented: ORS
				  537.130 to ORS
				  537.211
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0005 - Determination of Appropriate Step in Process for Applications Pending on June 30, 1995

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to section 46, chapter 416, Oregon Laws 1995, for each
				application described under OAR 690-310-0000  that was pending or filed with the
				Commission or the Department on June 30, 1995, the Department shall determine
				an appropriate step in the process established in chapter 416, Oregon Laws 1995
				and this division at which to continue the application process for the
				application. The definitions and provisions of this division shall be applied
				as appropriate, to reflect the step determined by the
				Department.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: Section 46, chapter 416, Oregon Laws
				  1995
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0010 - Application Processing Rules Control General Administrative Procedures Act Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding any provision of ORS
				183.310 to
				183.550, an application for a
				permit to appropriate water shall be processed in the manner set forth in ORS
				537.120 to
				537.360 or
				537.505 to
				537.795. Nothing in ORS
				183.310 to
				183.550 shall be construed to
				allow additional persons to participate in the process. To the extent that any
				provision in ORS 183.310 to
				183.550 conflicts with a
				provision set forth in ORS
				537.120 to
				537.360 or
				537.505 to
				537.795, the provisions in ORS
				537.120 to
				537.360 or
				537.505 to
				537.795 shall
				control.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: ORS
				  537.140
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0020 - Requirement to Notify Owner of Land Crossed by Proposed Ditch, Canal or Other Work

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall not issue a permit without notifying the owner, as identified in the
			 application, of any land to be crossed by a proposed ditch, canal or other work
			 as set forth in the application. The Department shall provide the notice even
			 if the applicant has obtained written authorization or an easement from the
			 owner.
(2) If more than 25 persons
			 are identified in the application as required under OAR 690-310-0040(1)(a)(F),
			 the Department may provide the notice required under section (1) of this rule
			 by publishing notice of the application in a newspaper having general
			 circulation in the area in which the proposed ditch, canal or other work is
			 located at least once each week for at least two successive weeks. The cost of
			 the publication shall be paid by the applicant in advance to the
			 Department.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: ORS
				  537.130
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0030 - Grounds for Refusal to Issue or Cancellation of Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to any other provision for
			 refusal to issue a permit, the following shall be grounds for refusal to issue
			 a permit:
(a) Failure of an applicant to
			 comply with the requirements under OAR 690-310-0020; or
(b) Failure to obtain written authorization,
			 obtain an easement or acquire ownership of the land if required by a condition
			 of issuance.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0050 - Map to Accompany Application for Water Use Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each application shall be accompanied by
			 a map or drawing which shall be considered a part of the application.
(2) Maps submitted with water use
			 applications shall meet the following criteria:
(a) The application map, which is made part
			 of the record, shall be of permanent quality and drawn in ink or otherwise
			 printed in an indelible form with sufficient clarity so as to be easily
			 reproduced;
(b) Maps shall be drawn
			 on good-quality paper. If the map is larger than 11 inches by 17 inches, one
			 additional copy must be submitted;
(c) All maps shall be drawn to a standard,
			 even scale of not less than 4 inches = 1 mile. The map may be of another
			 standard scale if the Department grants, by mail or electronic means, advance
			 approval of the use of the scale. All maps must include the scale to which the
			 map is drawn and a north directional symbol.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0060 - Permits for Livestock Watering Outside of Riparian Areas (SB 150, 1989); Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications
			 for permits to use water exclusively for livestock watering outside of riparian
			 areas are subject to the following reduced fees:
(a) For examining the application,
			 $40;
(b) For filing and recording
			 the permit, $10.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0070 - Completeness Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 15
			 days after receiving an application, the Department shall determine whether the
			 application contains the information required under OAR 690-310-0040  and is
			 complete and not defective, including the payment of all required fees. If the
			 Department determines that the application is incomplete or defective or that
			 all fees have not been paid, the Department shall return all fees and the
			 application.
(2) Upon determining
			 that an application contains the required information and is complete and not
			 defective, the Department shall indorse on the application the date upon which
			 the application was received for filing at the Department. All applications
			 that comply with the provisions of law shall be recorded in a suitable book
			 kept for that purpose.
(3) The
			 priority date for use of water not previously reserved under OAR Chapter 690,
			 Division 79 shall be the date the application was received for filing by the
			 Department.
(4) If an application
			 is complete and not defective, the Department shall determine whether the
			 proposed use is prohibited by ORS Chapter 538, if the proposed use is for
			 surface water, or by any statute, if the proposed use is for ground water. If
			 the proposed use is prohibited by statute, the Department shall reject the
			 application and return all fees to the applicant with an explanation of the
			 statutory prohibition.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: ORS
				  537.150 & ORS
				  537.620
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0080 - Initial Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 proposed use is not prohibited by statute, the Department shall undertake an
			 initial review of the application and make a preliminary determination of:
(a) Whether the proposed use is restricted or
			 limited by statute or rule;
(b) The
			 extent to which water is available from the proposed source during the times
			 and in the amounts requested; and
(c) Any other issue the Department identifies
			 as a result of the initial review that may preclude approval of or restrict the
			 proposed use.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0090 - Public Notice and Comments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Within seven days after proceeding with the application under OAR
			 690-310-0080(2), the Department shall give public notice of the application in
			 the weekly notice published by the Department. The notice shall include a
			 request for comments on the application, the date by which comments must be
			 received by the Department, information about how an interested person may view
			 or obtain future notices about the application and a copy of the proposed final
			 order and information about how an interested person may review the application
			 or obtain a copy of the application. The notice also shall include the
			 following information about the application:
(a) Type of water use application;
(b) County of water use;
(c) Application file number;
(d) Applicant name and address;
(e) Amount of proposed water use in gallons
			 per minute (gpm), cubic feet per second (cfs) or acre feet (af) of
			 storage;
(f) Common name of surface
			 water source(s) or basin;
(g)
			 Nature of use; and
(h) Location of
			 the proposed point of diversion by section quarter/quarter, township and
			 range.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0100 - Completion of Application Review; Additional Information and Proposed Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
Within 60 days after the Department proceeds with the
				application under OAR 690-310-0080(2), the Department shall complete
				application review and issue a proposed final order approving or denying the
				application or approving the application with modifications or conditions.
				Within the 60-day period, the Department may request the applicant to provide
				additional information needed to complete the review. If the Department
				requests additional information, the request shall be specific and shall be
				sent to the applicant by registered mail, or with the consent of the recipient,
				by electronic means. The Department shall specify a date by which the
				information must be returned, which shall be not less than 10 days after the
				Department sends the request to the applicant. If the Department does not
				receive the information or a request for a time extension under OAR
				690-310-0260  by the date specified in the request, the Department may reject
				the application and may refund fees in accordance with ORS
				536.050(3). The
				time period specified by the Department in a request for additional information
				shall allow the Department to comply with the 60-day time limit established by
				this subsection.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: ORS
				  537.153 &
				  537.621
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0110 - Public Interest Presumption; Surface Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall presume that a
			 proposed surface water use will not impair or be detrimental to the public
			 interest if:
(a) The proposed use is allowed
			 in the applicable basin program established pursuant to ORS
			 536.300 and
			 536.340 or given a preference
			 under 536.310(12);
(b) Water is available;
(c) The proposed use will not injure other
			 water rights; and
(d) The proposed
			 use complies with the rules of the Commission.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0120 - Public Interest Review; Surface Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless the applicant requests withdrawal
			 of an application following the initial review described in OAR 690-310-0080,
			 before issuing a proposed final order, the Department shall determine whether
			 the public interest presumption is established for the proposed water use, as
			 described in OAR 690-310-0110.
(2)
			 If the Department determines that the public interest presumption is not
			 established, the Department shall determine whether the proposed use will
			 impair or be detrimental to the public interest considering the factors listed
			 in ORS 537.170(8) and
			 may either:
(a) Propose denial of the
			 application upon a finding that the use will impair or be detrimental to the
			 public interest; or
(b) Make
			 specific findings to demonstrate that even though the presumption is not
			 established, the proposed use will not impair or be detrimental to the public
			 interest and propose approval of the application with appropriate modifications
			 or conditions.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0130 - Public Interest Presumption; Groundwater

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall presume that a
			 proposed groundwater use will ensure the preservation of the public welfare,
			 safety and health as described in ORS
			 537.525 if:
(a) The proposed use is allowed in the
			 applicable basin program established pursuant to ORS
			 536.300 and
			 536.340 or given a preference
			 under ORS 536.310(12);
(b) Water is available;
(c) The proposed use will not injure other
			 water rights; and
(d) The proposed
			 use complies with the rules of the Commission.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0140 - Public Interest Review; Groundwater

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless the applicant requests withdrawal
			 of an application following the initial review described in OAR 690-310-0080,
			 before issuing a proposed final order, the Department shall determine whether
			 the presumption under OAR 690-310-0130  is established for the proposed
			 groundwater use, as described in OAR 690-310-0130.
(2) If the Department determines that the
			 presumption is not established, the Department shall determine whether the
			 proposed use will impair or adversely affect the public welfare, safety and
			 health under ORS 537.525 and may either:
(a) Propose denial of the application upon a
			 finding that the use will impair or adversely affect the public welfare, safety
			 and health; or
(b) Make specific
			 findings to demonstrate that even though the presumption is not established,
			 the proposed use will not impair or adversely affect the public welfare, safety
			 and health and propose approval of the application with appropriate
			 modifications or conditions.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0150 - Proposed Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 developing the proposed final order, the Department shall consider all comments
			 received under OAR 690-310-0090(4), but the proposed final order need not
			 separately address each comment received.
(2) The proposed final order shall cite
			 findings of fact and conclusions of law and shall include but need not be
			 limited to:
(a) Confirmation or modification
			 of the preliminary determinations made in the initial review;
(b) A brief statement that explains the
			 criteria considered relevant to the decision, including the applicable basin
			 program and the compatibility of the proposed use with applicable land use
			 plans;
(c) An assessment of water
			 availability;
(d) The amount of
			 water necessary for the proposed use;
(e) An assessment of whether the proposed use
			 would result in injury to existing water rights;
(f) If the application is for the use of
			 surface water, an assessment of whether the proposed use would impair or be
			 detrimental to the public interest as provided in ORS
			 537.170;
(g) If the application is for the use of
			 ground water, an assessment of whether the proposed use would ensure the
			 preservation of the public welfare, safety and health as described in ORS
			 537.525;
(h) Whether the rebuttable presumption set
			 forth in OAR 690-310-0110  or 690-310-0130  has been established;
(i) If the public interest presumption is
			 established, the Department's determination as to whether the presumption is
			 overcome.
(j) An assessment of the
			 measures, if any, proposed by the applicant to prevent waste, measure the
			 amount of water diverted, prevent damage to aquatic life and riparian habitat,
			 prevent discharge of contaminated water to a surface stream and to prevent
			 damage to public uses of any affected surface waters;
(k) A draft permit, including any proposed
			 conditions, or a recommendation to deny the application;
(l) The date by which protests to the
			 proposed final order and requests for standing must be received by the
			 Department; and
(m) The date by
			 which the applicant must request a contested case hearing under OAR
			 690-310-0170.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0160 - Protests and Standing to Participate in Further Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may
			 submit a protest against a proposed final order. A protest shall be in writing
			 and shall include:
(a) The name, address and
			 telephone number of the protestant;
(b) A description of the protestant'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 impair
			 or be detrimental to the protestant'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 protest, if known; and
(f) For persons other than the applicant, the
			 protest fee required under ORS
			 536.050.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0170 - Determination of Director to Refer Application for Contested Case Hearing, Final Order of Director

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 60
			 days after the close of the period for receiving protests, the Director shall
			 determine whether to:
(a) Issue a final order
			 as provided under OAR 690-310-0190  or 690-310-0200; or
(b) Schedule a contested case
			 hearing.