reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 30 - CONTESTS IN THE ADJUDICATION OF WATER RIGHTS › Section 690-030-0055 - Arguments and Briefs

Current through Register Vol. 63, No. 7, July 1, 2024
Upon application therefor, made to the Water Resources Director
				upon the close of the testimony in any contest, the parties thereto may submit
				briefs, in support of their respective contentions within a time to be fixed by
				the Water Resources Director and the Water Resources Director will, upon
				application, fix a time and place for such oral argument as the parties may
				desire to make prior to the entry of the final order of
				determination.
Stat. Auth.: ORS 536 & ORS 543
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 30 - CONTESTS IN THE ADJUDICATION OF WATER RIGHTS › Section 690-030-0060 - Postponement of Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
The taking of testimony in any contest shall not be postponed,
				except for good cause shown, and upon notice to all parties, and after
				opportunity has been given said parties to be heard; and adjournments shall be
				taken only upon notice to all parties, at the time of the taking of testimony,
				and then only to a time and place certain, and upon good cause being shown;
				excepting however, that adjournments upon the conclusion of one day's
				testimony, to the next day, and over Sundays and legal holidays shall be taken
				as a matter of course; and except as otherwise ordered by the Water Resources
				Director, when the taking of testimony shall have been commenced, the same
				shall be continued from day to day, commencing at the hour of 9 a.m. until 12
				p.m., and from 1:30 p.m. until 5 p.m. of each day.
Stat. Auth.: ORS 536 & ORS 543
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 30 - CONTESTS IN THE ADJUDICATION OF WATER RIGHTS › Section 690-030-0065 - Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
Subpoenas to require the attendance of witnesses will be issued
				by the Water Resources Director in any contest, upon the application to him
				therefore, to either party; which subpoenas shall be served in the same manner
				as subpoenas issued out of the Circuit Courts of the state; and said witnesses
				shall receive fees as in civil cases, but the parties to contests, to whom
				subpoenas are issued, will be required to attend to the service thereof, and to
				pay the fees therefore to said witnesses, and said subpoenas will not be
				served, or the fees due said witnesses paid, by or through the Water Resources
				Director. As to service of subpoenas, see ORS
				539.110.
Stat. Auth.: ORS 536 & ORS 543
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 30 - CONTESTS IN THE ADJUDICATION OF WATER RIGHTS › Section 690-030-0070 - Notice of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
The notice of the time and place fixed for the hearing of a
				contest is served upon the party or parties contested by registered mail; and
				said notice will be prepared and delivered for service by the Water Resources
				Director; and the Water Resources Director shall cause notice of the said time
				and place of hearing to be served upon each of the parties contestant, or his
				agent or attorney, if he appear by agent or attorney, by depositing such copy
				of such notice in the post office as registered mail, properly addressed to
				said contestant, or his agent or attorney, as the case may be; and the said
				contestant shall be required, in his statement of contest, to set forth his
				post office address, or the post office address of his agent or attorney upon
				whom he desires service of such notice to be made; also the address, or place,
				where each of such contestees may be found for service, so far as he can
				ascertain.
Stat. Auth.: ORS 536 & ORS 543
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 30 - CONTESTS IN THE ADJUDICATION OF WATER RIGHTS › Section 690-030-0075 - Joining Parties Contestant and Contestee

Current through Register Vol. 63, No. 7, July 1, 2024
Any number of persons, firms, or corporations, jointly
				interested in the subjects enumerated in the notice of contest may appear as
				parties contestant therein; and any number of persons, corporations, or
				associations claiming interest adversely to the rights claimed by said
				contestants, and who shall have submitted proof of their claim to the Water
				Resources Director, may be jointed as parties contestee, in the statement of
				contest.
Stat. Auth.: ORS 536 & ORS 543
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 30 - CONTESTS IN THE ADJUDICATION OF WATER RIGHTS › Section 690-030-0080 - Practice in Suits in Equity Governs Taking of Testimony

Current through Register Vol. 63, No. 7, July 1, 2024
The practice in the Circuit Courts of the state governing the
				taking of testimony in suits in equity, in so far as applicable, shall govern
				the taking of testimony on the hearing of said contest; but the evidence shall
				be confined to the subjects enumerated in the statement of contest; and the
				Water Resources Director or his authorized assistant may, in their discretion,
				reject testimony and evidence offered, which is not so
				confined.
Stat. Auth.: ORS 536 & ORS 543
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 30 - CONTESTS IN THE ADJUDICATION OF WATER RIGHTS › Section 690-030-0090 - Withdrawing Original Testimony

Current through Register Vol. 63, No. 7, July 1, 2024
From and after the beginning of the inspection period, the
				original testimony shall remain in the custody of the Water Resources Director
				or his authorized assistant, and shall not be withdrawn
				therefrom.
Stat. Auth.: ORS 536 & ORS 543
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 33 - ADDITIONAL PUBLIC INTEREST STANDARDS FOR NEW APPROPRIATIONS › Section 690-033-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 OAR Chapter 690, Division 33 is to establish definitions, additional procedures
			 and standards to aid the Department in determining whether a proposed use will
			 impair or be detrimental to the public interest with regard to sensitive,
			 threatened, or endangered fish species.
(2) These rules apply to the following types
			 of applications for permits:
(a) To
			 appropriate surface water;
(b) To
			 appropriate hydraulically connected groundwater with potential for substantial
			 interference as listed in OAR Chapter 690, Division 009, Section 40;
(c) To appropriate water for the purpose of
			 groundwater recharge; and
(d) To
			 store water or construct a reservoir.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 33 - ADDITIONAL PUBLIC INTEREST STANDARDS FOR NEW APPROPRIATIONS › Section 690-033-0010 - Definitions for the purposes of Chapter 690, Division 33

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Commission" means the Water Resources
			 Commission.
(2) "Department" means
			 the Water Resources Department.
(3)
			 "Director" means the Director of the Department.
(4) "Domestic Water Use" means the use of
			 water for human consumption, household purposes, domestic animal consumption
			 that is ancillary to residential use of the property or related accessory
			 uses.
(5) "Interagency Review Team"
			 means a team comprised of staff from the Departments of Agriculture,
			 Environmental Quality, Fish and Wildlife, Water Resources and other state
			 natural resource agencies as appropriate.
(6) "Fish and Wildlife Program" means the
Columbia River Basin Fish and Wildlife Program
adopted by the
			 Northwest Power Planning Council in February 1994; document number
			 94-2.
(7) "Human Consumption" means
			 the use of water for purposes of drinking, cooking and sanitation.
(8) "Threatened or Endangered" means fish
			 species listed by Oregon Department of Fish and Wildlife (ODFW) under OAR
			 635-100-0100  to 635-100-0130; or listed under the federal Endangered Species
			 Act.
(9) "Sensitive" means fish
			 species classified as either critical, vulnerable, or peripheral on the ODFW
			 sensitive species list esta-blished under OAR 635-100-0040.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  536.025 & ORS
				  536.027
Stats. Implemented: ORS
				  537.140 to ORS 190
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 33 - ADDITIONAL PUBLIC INTEREST STANDARDS FOR NEW APPROPRIATIONS › Section 690-033-0115 - Geographic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules,
			 OAR 690-033-0115  through 690-033-0140, apply to applications filed after July
			 17, 1992, upstream from Bonneville Dam in the Columbia / Snake Basin in the
			 areas listed below for which no permit has been granted, or on which no
			 contested case has been ordered:
(a) Hood
			 Basin;
(b) Deschutes
			 Basin;
(c) John Day
			 Basin;
(d) Umatilla
			 Basin;
(e) Grande Ronde
			 Basin;
(f) Powder Basin;
(g) Malheur Basin;
(h) Owyhee Basin;
(I) Mainstem Columbia River above Bonneville
			 Dam; and
(j) Mainstem Snake
			 River.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 33 - ADDITIONAL PUBLIC INTEREST STANDARDS FOR NEW APPROPRIATIONS › Section 690-033-0120 - Determination of Consistency With the Fish and Wildlife Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To determine
			 whether a proposed use is consistent with the Fish and Wildlife Program, the
			 Department shall consult with the Northwest Power Planning Council, ODFW, U.S.
			 Fish and Wildlife Service, National Marine Fisheries Service, Indian tribes and
			 appropriate local governments. If the Department determines that a proposed use
			 of water is inconsistent with the Fish and Wildlife Program and cannot be
			 conditioned to achieve con-sistency, the application shall be presumed to
			 impair or be detrimental to the public interest.
(2) The applicant shall provide information
			 to show compliance with the following standards which will form the basis for
			 permit conditions:
(a) The proposed use does
			 not involve appropri-ation of direct streamflow during the time period of April
			 15 to September 30, except as provided in OAR 690-033-0140;
(b) The proposed use does not involve
			 hydraulically connected groundwater with potential for substantial interference
			 as listed in Division 9 of this Chapter during the time period of April 15 to
			 September 30, except that which is artificially recharged or as otherwise
			 provided in OAR 690-033-0140;
(c)
			 The proposed use complies with screen design, installation, operation
			 specifications and passage requirements as listed ORS
			 498.248 through
			 498.268 and ORS
			 509.600 through
			 509.630;
(d) The proposed use complies with existing
			 state and federal water quality standards; and
(e) The proposed use complies with water use
			 measurement, recording and reporting required by the Director.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 33 - ADDITIONAL PUBLIC INTEREST STANDARDS FOR NEW APPROPRIATIONS › Section 690-033-0130 - Flow Management

Current through Register Vol. 63, No. 7, July 1, 2024
If the flow management objectives cannot be achieved because of
				differing requirements between fish species in the management area, the
				Department shall consult with the affected fish and wildlife agencies and the
				appropriate Indian tribes to assist in resolving the flow management
				conflicts.
Stat. Auth.: ORS
				  536.027 & ORS
				  537.140 - ORS
				  537.190
Stats. Implemented: ORS
				  537.140 - ORS
				  537.190
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 33 - ADDITIONAL PUBLIC INTEREST STANDARDS FOR NEW APPROPRIATIONS › Section 690-033-0140 - Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding OAR 690-033-0120(2)(a) and (b), the Department
				may approve a water right permit for:
(1) Domestic water use;
(2) Projects that provide net benefits for
			 native resident and native anadromous fish recovery. For example, these
			 projects may include, but are not limited to, livestock watering away from
			 water courses which results in improved riparian areas;
(3) Emergency use necessary for public health
			 and safety;
(4) Existing water uses
			 covered under House Bill 2153 (Oregon Legislature 1993); or
(5) Multipurpose storage projects or other
			 projects with measurable public benefits.
Stat. Auth.: ORS
				  536.025 & ORS
				  536.027
Stats. Implemented: ORS
				  537.140 - ORS
				  537.190
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 33 - ADDITIONAL PUBLIC INTEREST STANDARDS FOR NEW APPROPRIATIONS › Section 690-033-0210 - Geographic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules,
			 OAR 690-033-0210  through 690-033-0230, apply to applications filed after April
			 8, 1994, in the areas listed below for which no permit has been granted, or on
			 which no contested case has been ordered as of the effective date of these
			 rules:
(a) Portions of the North Coast Basin
			 which drain into the Columbia River; and
(b) Clackamas Subbasin of the Willamette
			 Basin.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 33 - ADDITIONAL PUBLIC INTEREST STANDARDS FOR NEW APPROPRIATIONS › Section 690-033-0220 - Evaluation Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Department determines that a proposed use of water is detrimental to the
			 protection or recovery of a threatened or endangered species and cannot be
			 conditioned or mitigated to avoid the detriment, the applications shall be
			 presumed to impair or be detrimental to the public interest. The Department
			 shall review recovery plans, the Fish and Wildlife Program, and regional
			 restoration programs applicable to threatened or endangered species in
			 evaluating whether a proposed use is detrimental to the protection or recovery
			 of a threatened or endangered species.
(2) The proposed use shall comply with the
			 following standards which will form the basis for permit conditions:
(a) The proposed use complies with screen
			 design, installation, operation (including provisions for maintenance)
			 specifications and passage requirements as listed in ORS
			 498.248 through
			 498.268 and
			 509.600 through
			 509.630;
(b) The proposed use complies with existing
			 state and federal water quality standards; and
(c) The proposed use complies with water use
			 measurement, recording and reporting required by the Director.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 33 - ADDITIONAL PUBLIC INTEREST STANDARDS FOR NEW APPROPRIATIONS › Section 690-033-0230 - Flow Management

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall consult with
the affected fish and wildlife agencies and the appropriate
				Indian tribes to assist in resolving the flow management conflicts, if the flow
				management objectives for protection of threatened and endangered fish species
				cannot be achieved because of differing requirements between fish species in
				the management area.
Stat. Auth.: ORS
				  536.027 & ORS
				  537.140 - ORS
				  537.190
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 33 - ADDITIONAL PUBLIC INTEREST STANDARDS FOR NEW APPROPRIATIONS › Section 690-033-0310 - Geographic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules,
			 OAR 690-033-0310  through 690-033-0340, apply to:
(a) Applications filed after June 3, 1994,
			 for which no permit has been granted, or on which no contested case has been
			 ordered as of the effective date of these rules; and
(b) Requests for limited licenses except
			 those:
(A) for less than 120 days;
			 or
(B) issued in conjunction with
			 an enforcement order of the Department.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 33 - ADDITIONAL PUBLIC INTEREST STANDARDS FOR NEW APPROPRIATIONS › Section 690-033-0320 - Rule Review

Current through Register Vol. 63, No. 7, July 1, 2024
These rules, OAR 690-033-0310  through 690-033-0340, shall be
				reviewed and may be revised when:
(1)
			 Additional species are listed as sensitive, threatened, or endangered;
			 or
(2) Basin programs are revised
			 by the Department.
Stat. Auth.: ORS
				  536.025 & ORS
				  536.027
Stats. Implemented: ORS
				  537.140 - ORS
				  537.190
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 33 - ADDITIONAL PUBLIC INTEREST STANDARDS FOR NEW APPROPRIATIONS › Section 690-033-0330 - Review of Proposed Water Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If the Department concludes during the initial review that a proposed water use
			 will occur in an area that may affect the habitat of sensitive, threatened or
			 endangered fish species, the Department shall:
(a) Notify the applicant that based on a
			 preliminary determination, the proposed use may affect the habitat of
			 sensitive, threatened or endangered fish species and the application may be
conditioned or denied.
(b) Notify the interagency review team that
			 an application has been received in an area that may affect the habitat of
			 sensitive, threatened or endangered fish species.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 33 - ADDITIONAL PUBLIC INTEREST STANDARDS FOR NEW APPROPRIATIONS › Section 690-033-0340 - Public Interest Review Presumption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Nothing in these rules delegates the
			 authority of the Department to make final decisions on permit
			 applications.
(2) Consistent with
			 690-033-0340(1), the Department shall follow the recommendations of the
			 interagency review team in determining whether the presumption is established
			 pursuant to OAR 690-310-0110  or 690-310-0130. In completing the remainder of
			 the public interest determination under 690-310-0120  or 690-310-0140, the
			 Department shall follow the recommendations of the interagency review team
			 unless it finds:
(a) The proposed use
			 provides significant basin wide public benefits beyond the benefits to the
			 applicant;
(b) There are no other
			 reasonable and prudent alternatives to the proposed use;
(c) The benefits of the proposed use to the
			 public under ORS 537.170(8)
			 outweigh the benefits
of the alternatives that would conserve the species; and
(d) All reasonable mitigation
			 measures necessary to minimize the effect of the proposed use on the species
			 have been implemented; or
(e) A
			 specific basin program has been amended significantly to protect sensitive,
			 threatened or endangered fish species and allows the proposed use.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 40 - ADMINISTRATION OF THE CAREY ACT › Section 690-040-0000 - Reclamation of Land's Under Provisions of the Carey Act

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Rules pertaining to the reclamation of
			 lands accepted by the State of Oregon under the provisions of the Carey Act
			 were promulgated by the State Reclamation Commission, now under the
			 administration of the Water Resources Director, March 8, 1944, and filed with
			 the Secretary of State July 31, 1947, as Administrative Order 2RC 1.
(2) Pursuant to ORS
			 183.360(3),
			 these rules are not published in the Oregon Administrative Rules Compilation.
			 Copies may be obtained from the Secretary of State as provided by ORS
			 183.060.
Stat. Auth.:
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish definitions, information requirements,
				filing procedures, hearing requirements, fees, and standards for hydroelectric
				development. The Water Resources Commission and the Director shall use these
				rules to process applications for permits to appropriate water for
				hydroelectric projects, Preliminary Permits and hydroelectric licenses under
				ORS Chapters 537 and 543.
Stat. Auth.: ORS 537 & 543
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used in ORS 537.170, 543.015, 543.017, 543.220, 543.225,
				543.255, and in these rules are given the following meanings:
(1) "Affected Local Government" means any
			 local government, as defined in OAR 690 005 0015, within whose jurisdiction the
			 use of water for hydroelectric purposes, or the construction of all or part of
			 proposed or existing project facilities would be located.
(2) "Anadromous Salmon and Steelhead" means
			 an individual fish, or a run, stock, or population of any species of salmon or
			 any steelhead trout that:
(a) Is naturally or
			 hatchery spawned in freshwater;
(b) Spends a portion of its life in the
			 ocean; and
(c) Returns to fresh
			 water to spawn.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0020 - Projects to be Considered by the Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission or Director where
			 designated by these rules or separate order, shall consider projects for which
			 applications for Permits to appropriate water for hydroelectric purposes under
			 ORS 537.140 and applications for Preliminary Permits or Licenses under ORS
			 543.010 to 543.620 have been filed.
(2) Projects shall be further classified as
			 minor and major projects. For the purpose of these rules, a minor project shall
			 be any project proposing to develop 100 THP or less. All other shall be major
			 projects.
Stat. Auth.: ORS 536.025, 536.027, 537 & 543
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0030 - Restriction on Filing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Whenever
			 a proposed project is located within one of the following designated resource
			 areas, the Department shall provide notice of the application to the managing
			 agency:
(a) National parks;
(b) National monuments;
(c) Wilderness areas established by federal
			 law;
(d) Bureau of Land Management
			 areas of critical environmental concern established under federal law;
(e) Wild and scenic rivers
			 established by federal law;
(f)
			 Estuarine sanctuaries established under
			 Public Law
			 92-583;
(g) Federal research natural areas
			 established under federal regulation;
(h) State parks and waysides;
(i) Scenic waterways designated under ORS
			 Chapter 390;
(j) State wildlife
			 refuges; or
(k) State dedicated
			 natural heritage areas established under ORS Chapter 273.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0040 - Preliminary Permit not Required

Current through Register Vol. 63, No. 7, July 1, 2024
No License or Permit shall be issued within six months of
				either approving the Preliminary Permit or acceptance of the License or Permit
				application. A Preliminary Permit is unnecessary where the project is a minor
				project.
Stat. Auth.: ORS
				  536.025, ORS
				  536.027, ORS 537 & ORS
				  543
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0050 - Applications: Filing Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 applications to use water for hydroelectric purposes shall be filed with the
			 Director at Salem, Oregon. Applications shall be typed so that the paragraphs
			 and headings correspond with the information required. All applications shall
			 be accompanied by the documents specified in OAR 690-051-0070, or 690-051-0100,
			 and shall be dated and designated as "
Exhibit A
", "
Exhibit
			 B
", etc.
(2) If the
			 information required by these rules does not apply to the proposed project, it
			 shall be noted on the application with a brief statement why the information
			 does not apply.
(3) Information
			 required to file an application is listed in the rules reference in section (1)
			 of this rule. At any time, the Director may require additional information from
			 the applicant.
(4) Applications on
			 which no hearing has been held, shall meet all the requirements in these rules.
(5) Any municipal corporation of
			 this state or utility district organized under section 12, Article XI, Oregon
			 Constitution who has applied to the Federal Energy Regulatory Commission (FERC)
			 for a preliminary permit, an exemption from licensing, or a notice of intent to
			 construct a qualifying conduit hydropower facility shall, at the same time,
			 apply to the Water Resources Department for:
(a) A permit under ORS 537.140 to appropriate
			 water for a hydroelectric project, or
(b) For a certificate to use water for
			 hydroelectric purposes within an artificial delivery system under the
			 applicant's existing water right under ORS 543.765.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0060 - Consultation

Current through Register Vol. 63, No. 7, July 1, 2024
All applicants shall consult with appropriate government
				entities. Consultation shall occur before an application for a License or
				Permit is filed. The first consultation may occur with the agency
				representatives after the Preliminary Permit application has been accepted.
				Evidence of the consultation shall be filed with the License or Permit
				application. At a minimum, applicants shall consult with the Water Resources
				Department and affected local governments and the agencies under each heading
				listed below:
(1) Fish and Wildlife
			 Resources:
(a) Oregon Department of Fish and
			 Wildlife (ODFW);
(b) U.S. Fish and
			 Wildlife Service (USF and WS);
(c)
			 National Marine Fisheries Service (NMFS);
(d) Appropriate Indian tribe(s) identified by
			 the Legislative Commission on Indian services; and
(e) Northwest Power and Conservation Council
			 (NPCC), if the proposed project is within a Protected Area designated by the
			 Columbia River Basin Fish and Wildlife Program (2014); including Protected
			 Areas adopted August 10, 1988, as subsequently amended (September 14, 1988 and
			 August 8, 1990, August 13, 1992).
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0080 - Application of Standards to Preliminary Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Preliminary Permit applications shall be
			 approved unless the Director finds the proposed project would not be in the
			 public interest because of significant adverse impacts on natural resources or
			 other uses of the water involved. The Commission shall act on all Preliminary
			 Permits proposed in a designated Protected Area.
(2) Information in the application and
			 hearing record will be used to assess the public interest and to form
			 conditions to be included in the Commission or Director's order on the
			 application. Approval of a Preliminary Permit application shall not convey the
			 right to construct any project facilities. Issuance of a Preliminary Permit
			 shall not constitute approval or assurance of approval for any subsequent
			 application for hydroelectric license for the project. Failure to comply with
			 conditions in the approval order may result in the cancellation of the
			 Preliminary Permit.
Stat. Auth.: ORS
				  536.025, ORS
				  536.027, ORS 537 & ORS
				  543
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0090 - Applications for Minor Projects: Contents, Scope of Evaluation and Application of Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 application shall be filed for each minor License or Permit. An application
			 must contain the information in OAR 690-051-0070. No application shall be filed
			 for a project in a designated resource area described in OAR 690 051 0030
			 without the consent of the managing agency.
(2) The Department shall receive the
			 application together with the filing fee and date stamp the application which
			 will thereafter serve as the priority date of the application. If the
			 application is for an area withdrawn from hydroelectric development by the
			 Commission the application and filing fee may be returned.
(3) The Department may schedule a site visit
			 to the proposed project with other agency representatives. A public hearing
			 shall be held only if the Director deems it in the public interest to do so.
			 The hearing may be limited to specific issues. Notice of the hearing shall meet
			 the requirements specified in OAR 690-051-0130(3). Upon acceptance of a minor
			 hydroelectric application, the following review process shall apply:
(a) Upon filing of a minor hydroelectric
			 application, the Director shall notify the following groups and individuals of
			 the information described in subsection (b) of this section:
(A) Affected local, state and federal
			 agencies, including the planning departments of affected local governments with
			 a request that a copy of said notice be posted in a conspicuous location in the
			 county courthouse;
(B) Property
			 owners within 300 feet of the proposed powerhouse;
(C) Affected Indian tribes; and
(D) All persons on the Department's weekly
			 notice list.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0095 - Applications for Major Projects: Scope of Evaluation and Application of Standards

Current through Register Vol. 63, No. 7, July 1, 2024
This rule establishes the process the applicant, the Department
				and those participating in the process must follow and defines the stages of
				application review and processing as required by ORS 543.280(4). The fee for
				each stage must be paid at the beginning of each stage of project review. If an
				applicant submits an application in any stage other than stage one, the total
				fees due up to an including that stage will be due upon submittal. Municipal
				corporations and utility districts follow the consultation requirements
				described however, no Preliminary Permit is required.
(1) Stage One 20 Percent of Fee: Preliminary
			 Permit and Consultation:
(a) The Department
			 shall receive the application together with the filing fee and date stamp the
			 application which will thereafter serve as the priority date of the application
			 (if the application is for an area withdrawn from hydroelectric development by
			 the Commission the application and filing fee will be returned):
(A) The application shall be returned for
			 correction or completion if defective. Additional information may be requested;
(B) Upon receipt of an application
			 that is complete and not defective, notice of the application shall be printed
			 in the Department weekly notice.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0130 - Hearings Requirements for Preliminary Permits, Licenses and Permits; Notice of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A public
			 hearing shall be held on each application for a Preliminary Permit or as
			 required under 690-051-0095(3)(a). The public hearing shall be held in a
			 community near the proposed project with notice provided pursuant to section
			 (2) of this rule.
(2) Notice of
			 hearing shall be given to:
(a) The applicant;
(b) Interested parties;
(c) Property owners within the project
			 vicinity;
(d) The affected
			 tribe(s) as identified by the Legislative Commission on Indian Services;
(e) The governing body(ies) of any
			 affected county(ies) or city(ies); and
(f) The planning department(s) of the
			 affected county(ies) or city(ies) as provided by ORS Chapters 183, 537 and 543.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0140 - Time and Place of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
The conduct of contested hearings shall be as provided in OAR
				137-003-0501 through -0700. The contested case hearing may be heard at the Director's office
				in Salem.
Stat. Auth.: ORS 536.025, 536.027, 537 & 543
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0150 - Filing of Protest and Remonstrances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All protest and requests for standing
			 must be filed with the Director within the time specified in the notice. To
			 become a party to a contested case hearing the fees required under ORS
			 536.050(1) (j), (n), and/or (o) as appropriate must also be submitted by the
			 notice date.
(2) 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 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0160 - Standards for Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
The standards in OAR
				690-051-0170 to
				690-051-0290 implement the provisions of ORS 537.160, 537.170, 543.017, 543.225 and 543.255 for the review of all hydroelectric applications. To be approved, a project
				must comply with the minimum standards in ORS 543.017 and the requirements of
				OAR
				690-051-0170 to
				690-051-0290,
				and must not impair or be detrimental to the public interest as provided in ORS
				543.225.
Stat. Auth.: ORS 537 & 543
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0170 - Protection of Designated Resource Areas and Special Management Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director
			 shall consult with the managing agency for any proposed projects having effects
			 on a designated resource area listed in OAR 690-051-0030(1)  or a special
			 management area listed in section (2) of this rule to determine conditions that
			 may be required to ensure the proposed use is consistent with the authorized
			 use of the area.
(2) Section (1)
			 of this rule applies to the following special management areas:
(a) National wildlife refuges;
(b) National recreation areas;
(c) State wildlife management areas;
(d) State forests;
(e) County parks;
(f) City parks;
(g) Special district parks;
(h) Sites listed in or determined eligible
			 for inclusion on the National Register of Historic Places;
(i) Areas managed by federal agencies for
			 study, inclusion or designation as a special management area under federal law
			 or regulation; and
(j) Areas under
			 study by state agencies for inclusion in or designation as a special management
			 area under state statute or regulation.
(k) Protected areas designated by the
			 Columbia River Basin Fish and Wildlife Program (2014); including Protected
			 Areas adopted on August 10, 1988, and subsequently amended (September 14, 1988
			 and August 8, 1990, August 13, 1992).
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0180 - Mitigation, No Net Loss

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following standards on mitigation and no net loss are minimums. They apply to
			 all natural resources in the project vicinity. Resource specific rules may
			 impose stricter standards. In order to approve an application, the Director
			 must determine the natural resources of the state will be maintained or
			 enhanced. In making such a determination, the following standards must be
			 applied:
(a) No activity may be approved that
			 may result in the net loss of natural resources. In determining whether a
			 proposed activity may result in a net loss of natural resources, the department
			 may consider mitigation.
(b)
			 Proposed mitigation must be in the project vicinity and determined as
			 acceptable to the Director or Commission;
(c) All mitigation measures which reasonably
			 can, shall be fully functional when the project begins operation; and
(d) The Collective benefits of all
			 mitigation measures must equal or exceed the collective adverse impacts on
			 natural resources so there is no net loss of natural resources.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0190 - Water Resources

Current through Register Vol. 63, No. 7, July 1, 2024
The Director and Commission shall determine whether the
				proposed project would impair or be detrimental to the public interest so far
				as the coordinated, integrated state water resources policy is concerned. In
				order to approve an application, the Director shall have due regard for:
(1) The amount of waters available
			 for appropriation for beneficial use.
(2) Whether the proposed use will preclude or
			 interfere with any existing rights or permits for the use of water.
(3) Whether the proposed use is consistent
			 with the applicable State Water Resources Policies in OAR chapter 690,
			 divisions 400, 410 and the Basin Program in OAR chapter 690, divisions 500
			 through 520 or, in the absence of a policy, the proposed use is consistent with
			 the policies set forth in ORS 536.300 through 536.350.
(4) Whether the project is consistent with
			 achieving maximum economic development of the waters involved.
(5) Whether the project is consistent with
			 making the fullest practical use of the stream's hydroelectric potential in the
			 project vicinity.
(6) Whether the
			 project will constitute wasteful, uneconomic, impracticable or unreasonable use
			 of the waters involved.
(7)
			 Whether the project, including mitigation and enhancement measures, is
			 consistent with conserving the highest use of the waters of the state for all
			 beneficial purposes.
(8) Whether
			 the project is consistent with controlling the waters of the state for all
			 beneficial purposes, including, drainage, sanitation and flood control.
(9) Whether construction and
			 operation of the proposed project complies with water quality standards
			 established in OAR chapter 340, division 41. Exceptions to this standard may be
			 allowed if permitted by Division 41 rules, and granted by the DEQ.
Stat. Auth.: ORS 536.025, 536.027, 537 & 543
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0200 - Fish Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Per ORS
			 543.017, anadromous salmon and steelhead resources and habitats shall be
			 preserved. It is the policy of the State to protect the natural resources of
			 the state from possible adverse impacts of a project (ORS 543.015). In order to
			 approve an application, the Director or Commission may require that applicants
			 implement, operate and maintain measures to mitigate for possible adverse
			 impacts specific to a Project. The Department shall consider the need for the
			 following mitigation measures to protect fish habitats and/or fish resources
			 including but not limited to:
(a) Providing
			 for fish passage around diversion structures, dams or reservoirs with
			 appropriate bypass flows, ladders and/or other measures as may be required by
			 ODFW under ORS 509.580 to 509.585;
(b) Screening of intakes to prevent juvenile
			 entrainment through turbines as may be required by ODFW under ORS 498.301 to
			 498.321;
(c) Preventing false
			 attraction water from guiding fish into turbines at the tailrace;
(d) Controlling ramping rates to prevent
			 stranding of fish;
(e) Avoiding
			 delay of upstream or downstream migration;
(f) Managing wood and gravel through the
			 project to maintain or enhance habitat conditions; and/or other impacts.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0210 - Wildlife

Current through Register Vol. 63, No. 7, July 1, 2024
Wildlife and wildlife habitats in the project vicinity shall be
				maintained or enhanced. In order to approve an application, the Director shall
				apply the following standards:
(1)
			 The location, design, construction or operation of the proposed project shall
			 not jeopardize the continued existence of animal species which have been:
(a) Designated, or officially proposed by the
			 USF&WS, or the NMFS as threatened or endangered pursuant to the Endangered
			 Species Act of 1973; or
(b)
			 Identified by the Oregon Fish and Wildlife Commission or ODFW as threatened,
			 endangered, limited or sensitive in Oregon.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0220 - Plant Life

Current through Register Vol. 63, No. 7, July 1, 2024
In order to approve an application, the Director shall apply
				the following standard: that the location, design, construction or operation of
				the proposed project shall not jeopardize the continued existence of plant
				species which are:
(1) Designated or
			 officially proposed by the USF&WS as threatened or endangered pursuant to
			 the Endangered Species Act of 1973.
(2) Identified by the Oregon Department of
			 Agriculture as endangered, threatened or candidate species in Oregon.
Stat. Auth.: ORS 536.025, 536.027, 537 & 543
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 51 - APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS › Section 690-051-0230 - Recreation

Current through Register Vol. 63, No. 7, July 1, 2024
No project may be approved that would result in a net loss of
				recreation opportunities. Scenic and aesthetic values shall be maintained or
				enhanced. In order to approve an application, the Director shall apply the
				following standards:
(1) Project
			 facilities will be designed, located and operated to substantially avoid
			 visible or audible intrusion on the natural setting integral to existing
			 recreational facilities, activities or opportunities.
(2) The proposed project will not reduce the
			 abundance or variety of recreational facilities or opportunities available in
			 the project vicinity.
(3)
			 Unavoidable adverse impacts on nonwater dependent recreation facilities,
			 activities or opportunities will be mitigated in the project vicinity by
			 providing acceptable replacement facilities or opportunities of the same or
			 similar nature and abundance.
(4)
			 The project will not have significant adverse impacts on any unique, unusual or
			 distinct natural feature which provides the focus or attraction for non water
			 dependent recreational facilities or activities.
(5) Unavoidable adverse impacts on any water
			 dependent recreational opportunity will be mitigated with acceptable
			 replacement by or enhancement or another water dependent recreational
			 opportunity available in the project vicinity.
(6) The proposed project will not cause the
			 loss of or significant adverse impact to any water dependent recreational
			 opportunities of statewide significance.
(7) Adverse impacts on any specific elements,
			 such as flow regime, length of reach, access, season of use, degree of
			 difficulty, of a water dependent recreational opportunity of statewide
			 significance, will be offset by acceptable enhancement to other element(s) of
			 the same water dependent recreational opportunity in the project
			 vicinity.
Stat. Auth.: ORS 536.025, 536.027, 537 & 543
Stats. Implemented: