reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 2 - PROCEDURAL RULES FOR CONTESTED CASES › Section 690-002-0020 - Authorized Non-Attorney Representation

Current through Register Vol. 63, No. 7, July 1, 2024
A party or limited party participating in a contested case
				hearing may be represented by an authorized representative in the manner and to
				the extent provided for in OAR 137-003-0555  of the Attorney General's Model
				Rules.
Stat. Auth.: ORS
				  183.341,
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  183.341 &
				  183.457
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 2 - PROCEDURAL RULES FOR CONTESTED CASES › Section 690-002-0023 - Agency Representation by Officer or Employee

Current through Register Vol. 63, No. 7, July 1, 2024
As authorized by the Attorney General pursuant to ORS
				183.452, Department officers and
				employees may appear and participate on behalf of the Department and Commission
				in the following types of contested case hearings:
(1) Civil penalty hearings under ORS
			 537.792 and OAR chapter 690
			 division 225 that may lead to imposition of a fine, well constructor license
			 suspension/revocation, or conditions placed on a well constructor
			 license;
(2) Civil penalty hearings
			 under ORS 536.900 and OAR chapter 690
			 division 260 that may lead to imposition of a fine or order directing
			 compliance with regulatory directives;
(3) Protested water use applications under
			 ORS 537.170 or
			 537.622 and OAR chapter 690
			 divisions 77 or 310;
(4) Protested
			 conversions of minimum perennial streamflows to instream water rights under OAR
			 chapter 690 division 77;
(5)
			 Requests for reservations of water for future economic development under OAR
			 chapter 690 division 79;
(6)
			 Reservoir permits issued under ORS
			 537.409 and exempt reservoirs
			 under ORS 537.405;
(7) Water right certificates issued under ORS
			 537.260,
			 537.270 and
			 537.505 to
			 537.795;
(8) Water right permit and certificate
			 cancellations under ORS
			 537.139,
			 537.260,
			 537.410 to
			 537.450, and
			 540.610 to
			 540.660;
(9) Water right transfers under ORS
			 540.520,
			 540.572 to
			 540.580 and permit amendments
			 under 537.211;
(10) Non-FERC hydro projects under OAR 690
			 division 51 and ORS chapters 543 and 543A;
(11) Water right permit extension orders
			 under ORS 537.230,
			 537.248, and
			 537.630;
(12) Other contested case hearings where the
			 protested action rests in whole or in part on studies, policy recommendations,
			 or other analysis done by Department staff and which have been approved or
			 authorized by the Department or the Commission; and
(13) Other individual cases or categories of
			 hearings as approved in writing by the Attorney General on an individual or
			 category basis.
Stat. Auth.: ORS
				  183.341,
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  183.341,
				  183.452 & 536 -
				  543
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 2 - PROCEDURAL RULES FOR CONTESTED CASES › Section 690-002-0025 - Time for Filing Protests or Requests for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to the Model Rules of Procedure,
			 a protest is timely filed only if:
(a) The
			 protest is filed by the applicable deadline as described in OAR
			 137-003-0520(8); and
(b) The
			 protest includes any statutorily required fees.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 2 - PROCEDURAL RULES FOR CONTESTED CASES › Section 690-002-0030 - Form and Content of Protest

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as otherwise provided in ORS Chapter 537 and OAR 690 divisions 77 and
			 310 relating to applications for water rights, in ORS Chapter 543 relating to
			 hydroelectric projects, and in OAR 690, division 17 relating to cancellation of
			 perfected and developed water rights, a protest must be in writing, signed by
			 the protestant or the protestant's attorney or authorized representative, and
			 include any statutory filing fee. A protest must contain a detailed statement
			 of:
(a) Facts sufficient to show that the
			 protestant is entitled to the relief or action requested;
(b) The specific relief or action
			 requested;
(c) The name and address
			 of the protestant and other person or persons necessary to, or having a direct
			 interest in, the proceeding; and
(d) Citation of legal authority or basis for
			 the claim or relief asserted or requested.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 2 - PROCEDURAL RULES FOR CONTESTED CASES › Section 690-002-0035 - Requests for Standing in Matters Involving Applications Made under ORS Chapter 537

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person who
			 supports a proposed final order issued pursuant to ORS
			 537.153 or
			 537.621 may request standing by
			 complying with OAR 690-310-0160.
(2) Any person who has filed a request for
			 standing may later file a petition for participation as a party or limited
			 party in any contested case hearing subsequently held on the matter for which
			 standing was requested, in the manner described in OAR 690-002-0105.
(3) If no protest is filed, and the
			 department does not change the proposed final order, the director must refund
			 the standing fee.
Stat. Auth.: ORS
				  183.341,
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  537.153 &
				  537.621
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 2 - PROCEDURAL RULES FOR CONTESTED CASES › Section 690-002-0075 - Scope of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
The issues to be considered in a contested case hearing are
				limited to issues timely raised by the parties in any protests, requests for
				hearing or requests for standing, and as identified by the administrative law
				judge as allowed by applicable law.
Stat. Auth.: ORS
				  183.341,
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  183.341, 536 -
				  543
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 2 - PROCEDURAL RULES FOR CONTESTED CASES › Section 690-002-0105 - Requests for Intervention in Hearings Conducted Pursuant to ORS 537.170 or 537.622

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons who
			 previously requested and obtained standing under the provisions of ORS
			 537.153(5) or
			 537.621(6), and
			 OAR 690-002-0035  may file a request to participate as parties or limited
			 parties in the contested case hearing in which standing was obtained following
			 the procedures in OAR 137-003-0535.
(2) In contested cases conducted pursuant to
			 ORS 537.170 or
			 537.622, the Administrative Law
			 Judge may only allow persons who have timely filed a request for standing to
			 intervene in the case pursuant to OAR 137-003-0535.
Stat. Auth.: ORS 183, 341,
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  183.341,
				  537.170,
				  537.622
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 2 - PROCEDURAL RULES FOR CONTESTED CASES › Section 690-002-0175 - Exceptions to Proposed Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If the recommended action in the proposed order is adverse to any party or the
			 Department, the party or Department may file exceptions and present argument to
			 the Department. Exceptions must be in writing, clearly and concisely identify
			 the portions of the proposed order excepted to, and cite to appropriate
			 portions of the record or to Commission policies to which modifications are
			 sought.
(2) Parties must file their
			 exceptions with the Department at its Salem offices, by any method allowed in
			 the notice of appeal rights provided in the proposed order.
(3) A party must file any exceptions within
			 30 days following the date of service of the proposed order on the parties to
			 the contested case proceeding.
(4)
			 Unless otherwise required by law, the Director must consider any exceptions to
			 the proposed order and issue a final order.
(5) If the applicable law provides for the
			 Commission to review any exceptions or issue the final order, the Commission
			 may form a subcommittee to review the exceptions and provide a report prior to
			 the Commission issuing a final order.
Stat. Auth.: ORS
				  183.341,
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  183.341,
				  183.470 & 536 -
				  543
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 2 - PROCEDURAL RULES FOR CONTESTED CASES › Section 690-002-0190 - Exceptions to Final Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 party to a contested case hearing held pursuant to ORS
			 537.170 or
			 537.622 may file exceptions to a
			 final order.
(a) Parties must file their
			 exceptions with the Department at its Salem offices, by any method allowed in
			 the notice of appeal rights provided in the final order.
(b) The party must file any exceptions within
			 20 days following the date of service of the final order on the parties to the
			 contested case proceeding.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 3 - PUBLIC RECORDS ACCESS AND REPRODUCTION › Section 690-003-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Increased public involvement in and awareness of water resource
				issues have placed greater demands on viewing and copying Department records.
				These rules guide Department implementation of the public records law, ORS
				192.410 to
				192.505, including Department
				recovery of its actual costs of making public records available and copying
				services under 192.440. Furthermore, these
				rules serve to ensure that all Department public records remain available for
				viewing and intact for future use.
Stat. Auth.: ORS
				  192.430,
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  192.410 -
				  192.505,
				  536.040 &
				  536.480
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 3 - PUBLIC RECORDS ACCESS AND REPRODUCTION › Section 690-003-0120 - Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) With some
			 exceptions prescribed by law, every person has the right to inspect public
			 records of a state agency, including the Department. The Department may take
			 reasonable measures to ensure the integrity of public records and to maintain
			 office efficiency. Public access to view and copy public records is limited by
			 reasonable restrictions and other such exemptions from disclosure that may be
			 prescribed by law or rule.
(2)
			 These rules do not apply to a person who obtains Department public records by
			 using a Department computer, or any other computer, to download public records
			 from the Department's web page.
Stat. Auth.: ORS
				  183.341,
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  183.341,
				  537.173 &
				  537.626
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 3 - PUBLIC RECORDS ACCESS AND REPRODUCTION › Section 690-003-0140 - Requests to Review or Obtain Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The right to review public records
			 includes the right to review the original public record where practicable. The
			 requestor does not have a right to personally locate the public record or to
			 review portions of the public record that are exempt from disclosure pursuant
			 to ORS 192.501 to
			 192.505.
(2) Requests for Department public records
			 should be as specific as possible including, as appropriate, the type, number,
			 subject matter and approximate date of the public record. If the public records
			 request is unclear, the Department may request further clarification of the
			 request. If the Department cannot identify specific public records responsive
			 to a public records request, the Department may provide general files or
			 distinct sections of public records that are likely to contain the requested
			 public records.
(3) The Department
			 may require a person making a public records request to submit the request in
			 writing, which may be satisfied by submitting the request by electronic
			 mail.
(4) All requests to inspect
			 or copy records other than maps, well logs or water right information available
			 through the Department's web page must be made to the public records officer in
			 the headquarters office.
(5) As
			 appropriate, staff at the Department's field offices will provide public
			 records to a requestor in response to a public records request, unless the
			 volume of the request exceeds the office's capacity to provide public records
			 in a timely manner. If a field office is unable to provide requested public
			 records in a timely manner, the Salem office will provide the public records in
			 response to the public records request.
(6) The Department will accommodate public
			 records requests as follows:
(a) The
			 Department will establish hours during which the public may review the
			 Department's public records.
(b)
			 Pursuant to ORS 192.430(1) and
			 this rule, the Department will designate and provide a supervised space, if
			 available, for viewing public records. This space will accommodate at least one
			 reviewer at a time.
(c) The
			 Department accommodates public records requests from persons with disabilities
			 in accordance with the Americans with Disabilities Act.
(d) The Department's ability to accommodate
			 in-person public requests may be limited by staff and equipment availability.
			 Additionally, prior to making public records available for public review, the
			 Department will ascertain whether the public record requested is exempt from
			 public disclosure under ORS chapter 192 and other applicable law. Based on
			 these limitations, Department staff may require appointments to view and copy
			 public records.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 3 - PUBLIC RECORDS ACCESS AND REPRODUCTION › Section 690-003-0160 - Costs for Public Record Review and Copying

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may charge a fee for
			 copies of requested public records and certifying public records. The fee will
			 be the fees required by ORS
			 536.050, or for any copying fees
			 not identified in 536.050, the Department will
			 establish and charge a fee reasonably calculated to reimburse the Department
			 for the actual costs of providing copies of the public records.
(2) An hourly rate may be assessed for any
			 staff time greater than 15 minutes spent locating records, reviewing records to
			 exclude exempt material, supervising the inspection of records, certifying
			 records, mailing records or otherwise responding to the public records request.
			 An hourly rate will not exceed the actual hourly compensation and other payroll
			 expenses of the person performing the tasks for which the rate is charged. The
			 Department may charge for the cost of searching for public records regardless
			 of whether the Department was able to locate the requested public
			 record.
(3) If necessary to respond
			 to a public records request, the Department may request the Department of
			 Justice Attorney General review the public records to exclude material exempt
			 from disclosure. The Department will assess a charge for this process at the
			 hourly rate charged by the Department of Justice.
(4) Payment for public records requests may
			 be made in the form of cash, check, or money order. Make checks and money
			 orders payable to "Oregon Water Resources Department-Public Records Request."
			 Persons may pay fees for public records requests by credit card, if that
			 service becomes available.
Stat. Auth.: ORS
				  192.430,
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  192.440,
				  536.050 &
				  536.480
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 3 - PUBLIC RECORDS ACCESS AND REPRODUCTION › Section 690-003-0180 - Department Response to Public Records Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to responding to a public records
			 request, the Department will provide the requestor with a written estimation of
			 the fee for responding to the request. The Department may provide the
			 estimation by electronic mail. If the estimated fee exceeds $25, the Department
			 will not continue to process the public records request until it has received a
			 confirmation in writing or by electronic mail to proceed with the
			 response.
(2) The Department may
			 require prepayment of the estimated charges. If the actual charges are less
			 than the prepayment, the overpayment will be refunded to the requestor. If the
			 actual charges are more than the prepayment, the Department will require
			 payment of the additional charges before providing the requested public
			 records. If the Department determines that the actual charge will exceed the
			 estimated charge by more than $25, the Department will notify the requestor
			 before completing the response.
(3)
			 Whenever feasible, the Department will provide double-sided copies of requested
			 public records, and the fee for a double-sided copy will be the same as the
			 cost of a single page.
(4) Copies
			 of requested electronic public records may be provided in the format or manner
			 maintained by the Department. The Department will perform all downloading,
			 reproducing, formatting and manipulating of public records. Public access to
			 Department computer terminals is allowed where such terminals are available;
			 however, the public may not access Department databases in any manner that may
			 allow the databases or records in the databases to be modified or
			 deleted.
(5) The Department will
			 respond to a public records request within 15 working days after receiving a
			 written request in its Salem office, unless the volume of public records
			 requested, staff availability to respond to the public record request, the
			 difficulty in determining whether any of the public records are exempt from
			 disclosure, or the necessity of consulting with legal counsel make this
			 deadline unreasonable. If the Department determines that it will require more
			 than 15 working days to respond to a public records request, it will inform the
			 requestor of the estimated time necessary to comply with the public records
			 request.
(6) In order to protect
			 the integrity of Department public records, the Department will not allow
			 public records to be loaned or taken off-premises by any person, except
			 Department staff, to fulfill a public records request.
Stat. Auth.: ORS
				  192.430,
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  192.440,
				  536.050 &
				  536.480
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 3 - PUBLIC RECORDS ACCESS AND REPRODUCTION › Section 690-003-0200 - Certification of Copies of Records

Current through Register Vol. 63, No. 7, July 1, 2024
Certification of both hard copies and electronic copies of
				records will be provided for the fee identified in ORS
				536.050. The Department will
				certify only that on the date copied, the copy was a true and correct copy of
				the original record. The Department cannot certify as to any subsequent changes
				or manipulation of the record.
Stat. Auth.: ORS
				  192.430,
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  192.440 &
				  536.480
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 3 - PUBLIC RECORDS ACCESS AND REPRODUCTION › Section 690-003-0220 - Fee Waivers and Reductions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) There will be no charge for one copy of a
			 public record:
(a) When the material requested
			 is currently being distributed as part of the public participation process such
			 as a news release or public notice of a meeting; or
(b) When the material requested has been
			 distributed through mass mailing and is readily available to the Department at
			 the time of request.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 3 - PUBLIC RECORDS ACCESS AND REPRODUCTION › Section 690-003-0240 - Exempt Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
All records prepared, owned, used or retained by the Department
				are public records subject to disclosure unless exempt from disclosure under
				ORS Chapter 192 or other applicable law. If the Department determines that all
				or part of a requested public record is exempt from disclosure, the Department
				will notify the requestor in writing and will state the reasons why the
				Department considers the public record exempt from
				disclosure.
Stat. Auth.: ORS
				  192.430,
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  192.445 -
				  192.502
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 4 - PROCEDURAL RULES FOR MEDIATION COMMUNICATIONS › Section 690-004-0010 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690. Whether or not they are
			 confidential under this or other rules of the agency, mediation communications
			 are exempt from disclosure under the Public Records Law to the extent provided
			 in 192.410 to
			 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS 36.234.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Mediations Excluded.
			 Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or a lawsuit has been filed;
			 or
(b) Mediation in which the
			 person acting as the mediator will also act as the hearings officer in a
			 contested case involving some or all of the same matters;
(c) Mediation in which the only parties are
			 public bodies;
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rule or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential;
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 4 - PROCEDURAL RULES FOR MEDIATION COMMUNICATIONS › Section 690-004-0020 - Applicability of Rules and Inadmissibility of Certain Mediation Communications in Large, Multi-party Mediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in this rule, or in
			 other rules adopted by this agency pursuant to Oregon Laws 1997, chapter 670,
			 section 3, or by other state or federal law, mediation communications in a
			 mediation session may not be disclosed in any subsequent administrative,
			 judicial or arbitration proceeding or introduced into evidence in any
			 subsequent proceeding so long as:
(a) The
			 mediation is one for which:
(A) The agency is
			 a party as defined in Oregon Laws 1997, chapter 670, section 11, or is
			 mediating a dispute as to which the agency has regulatory authority;
(B) A mediator is assisting and facilitating
			 the parties to reach a mutually acceptable resolution of the issues in
			 controversy;
(C) There are 15 or
			 more parties to the mediation, regardless of whether or not all the parties
			 participate in each mediation session; and
(D) The agency designates in writing that
			 this rule may apply and provides a copy of the designation along with a copy of
			 this rule to the mediator and to those parties to the mediation that are known
			 to the agency. The designation required by this section must contain sufficient
			 information to identify the mediation, including a brief description of the
			 dispute or issues to be resolved, and the names of those parties to the
			 mediation that are known to the agency; and
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 4 - PROCEDURAL RULES FOR MEDIATION COMMUNICATIONS › Section 690-004-0030 - Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule applies to workplace interpersonal disputes, which are disputes involving
			 the interpersonal relationships between this agency's employees, officials or
			 employees and officials. This rule does not apply to disputes involving the
			 negotiation of labor contracts or matters about which a formal grievance under
			 a labor contract, a tort claim notice or a lawsuit has been filed.
(2) The words and phrases used in this rule
			 have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(3) Nothing in this rule affects any
			 confidentiality created by other law.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Disclosures by Mediator.
			 A mediator may not disclose or be compelled to disclose mediation
			 communications in a mediation and, if disclosed, such communications may not be
			 introduced into evidence in any subsequent administrative, judicial or
			 arbitration proceeding unless:
(a) All the
			 parties to the mediation and the mediator agree in writing to the disclosure;
			 or
(b) The mediation communication
			 may be disclosed or introduced into evidence in a subsequent proceeding as
			 provided in subsections (c) or (h)-(j) of section (7) of this rule.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 5 - COMPLIANCE WITH STATEWIDE PLANNING GOALS, COMPATIBILITY WITH COMPREHENSIVE PLANS, AND COORDINATION ON LAND USE MATTERS › Section 690-005-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
As required by ORS
				197.180, this rule establishes
				policies and procedures for: assuring agency compliance with statewide planning
				goals; assuring compatibility with local comprehensive land use plans;
				coordinating with local, state, and federal governments and special districts
				in land use matters; and resolving land use disputes.
Stat. Auth.: ORS 197 & ORS 536
Stats. Implemented: ORS 197 & ORS
				  536
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 5 - COMPLIANCE WITH STATEWIDE PLANNING GOALS, COMPATIBILITY WITH COMPREHENSIVE PLANS, AND COORDINATION ON LAND USE MATTERS › Section 690-005-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR 690-005-0010  through
				690-005-0060:
(1) "Affected Local
			 Government" means a local government, as defined in section (9) of this rule,
			 which is directly impacted by and specified in a proposed Department action;
			 meanings specific to programs identified in OAR 690-005-0025  are defined in the
			 rule divisions for those programs.
(2) "Commission" means the Water Resources
			 Commission.
(3) "Department" means
			 the Water Resources Department.
(4)
			 "Director" means the Director of the Water Resources Department.
(5) "Land Use Approval" means a final
			 decision or determination made by a local government that concerns the
			 adoption, amendment, or application of: the goals; a comprehensive plan
			 provision; implementing ordinance; or a new land use regulation. A land use
			 approval does not include ministerial decisions of local governments (i.e.,
			 building permits) for which no right to hearing is provided. A land use
			 approval is final when all corresponding appeal periods have expired.
(6) "Land Use Dispute" means a disagreement
			 between the Department and a local government regarding plans, programs,
			 policies, actions, or other matters relating to land use which exists after the
			 Department has:
(a) Applied appropriate
			 provisions of:
(A) OAR 690-005-0030  (Compliance with Statewide Planning Goals);
(B) OAR 690-005-0035  (Compatibility with
			 Acknowledged Comprehensive Plans); and
(C) Rules identified in OAR
			 690-005-0025.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 5 - COMPLIANCE WITH STATEWIDE PLANNING GOALS, COMPATIBILITY WITH COMPREHENSIVE PLANS, AND COORDINATION ON LAND USE MATTERS › Section 690-005-0020 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Land use and
			 water management are integrally related. Statewide planning goals require
			 comprehensive plans to include inventories of, and mechanisms to protect,
			 important local water resources. State water laws require the Commission to
			 protect the public interest in all waters of the state. Recognizing the
			 responsibilities vested in both state and local government to manage and
			 protect water resources, the Commission places a high priority on complying
			 with statewide planning goals and achieving compatibility with local
			 comprehensive plans.
(2) In any
			 action pursuant to a program identified in OAR
			 690-005-0025, the
			 Commission and Department shall comply with the goals and be compatible with
			 local comprehensive plans to the greatest extent possible, as required by and
			 consistent with the full range of statutes governing land use and water
			 management and as set forth in OAR
			 690-005-0030  (Compliance with Statewide Planning Goals) and
			 690-005-0035  (Compatibility with Acknowledged Comprehensive Plans).
Stat. Auth.: ORS 197 & ORS 536
Stats. Implemented: ORS 197 & ORS
				  536
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 5 - COMPLIANCE WITH STATEWIDE PLANNING GOALS, COMPATIBILITY WITH COMPREHENSIVE PLANS, AND COORDINATION ON LAND USE MATTERS › Section 690-005-0025 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of OAR 690-005-0010  through 690-005-0060  apply
				to actions taken by the Department pursuant to the following land use
				programs:
(1) Applications and Permits
			 (OAR Chapter 690, Divisions 310 - 340).
(2) Appropriation and Use of Water for
			 Hydroelectric Power Projects (OAR Chapter 690, Division 51).
(3) Water Right Transfers (OAR Chapter 690,
			 Division 15) except for those:
(a) Where
			 existing and proposed water uses would be located entirely within lands zoned
			 for exclusive farm use as provided in ORS
			 215.203 or within irrigation
			 districts;
(b) Which involve
			 changes in place of use only;
(c)
			 Which do not involve the placement or modification of structures including but
			 not limited to water diversion, impoundment, or distribution facilities, water
			 wells, and well houses; and
(d)
			 Which involve irrigation water uses only.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 5 - COMPLIANCE WITH STATEWIDE PLANNING GOALS, COMPATIBILITY WITH COMPREHENSIVE PLANS, AND COORDINATION ON LAND USE MATTERS › Section 690-005-0030 - Compliance with Statewide Planning Goals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All Commission and Department actions
			 pursuant to a program identified in OAR
			 690-005-0025  shall
			 comply with the statewide planning goals.
(2) Except as provided in section (3) of this
			 rule, the Commission and Department shall comply with the statewide planning
			 goals by taking actions which are compatible with acknowledged comprehensive
			 plans, as required by OAR
			 660-030-0065(3)
 
			 and provided in
			 690-005-0035  (Compatibility with Acknowledged Comprehensive Plans).
(3) The Commission and Department shall
			 achieve goal compliance directly by satisfying the requirements of section (4)
			 of this rule and by adopting written findings as provided in OAR
			 690-005-0040(4)(c),
			 when one or more of the following situations, or other situations identified in
			 660-030-0065(3),
			 exists:
(a) An acknowledged comprehensive
			 plan does not contain:
(A) Requirements or
			 conditions specifically applicable to a Commission or Department action;
			 or
(B) General provisions,
			 purposes, or objectives which would be substantially affected by the
			 action.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 5 - COMPLIANCE WITH STATEWIDE PLANNING GOALS, COMPATIBILITY WITH COMPREHENSIVE PLANS, AND COORDINATION ON LAND USE MATTERS › Section 690-005-0035 - Compatibility with Acknowledged Comprehensive Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (5) of this
			 rule, Commission or Department actions taken pursuant to a program identified
			 in OAR
			 690-005-0025  shall
			 be compatible with acknowledged comprehensive plans.
(2) The Department shall satisfy section (1)
			 of this rule by applying:
(a) Provisions in
			 the rule divisions identified in OAR 690-005-0025;
(b) Provisions of OAR 660-030-0070;
(c) Provisions of OAR 660-031-0026  and OAR
			 660-031-0035; or
(d) Procedures of
			 the Department's Land Use Planning Procedures Guide.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 5 - COMPLIANCE WITH STATEWIDE PLANNING GOALS, COMPATIBILITY WITH COMPREHENSIVE PLANS, AND COORDINATION ON LAND USE MATTERS › Section 690-005-0040 - Resolution of Land Use Disputes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department shall attempt to prevent disputes over land-use-related issues
			 through early and frequent coordination with local governments.
(2) Land use disputes as described in OAR
			 690-005-0015(6)(b)  which involve water use approvals identified in OAR
			 690-005-0025(1) and (7)  shall be:
(a)
			 Recognized through the information submittal requirements and comment and
			 protest opportunities of ORS Chapter 537; and
(b) Subject to the procedures of section (3)
			 through (7) of this rule to the extent practical under the timelines and
			 processes established in ORS Chapter 537.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 5 - COMPLIANCE WITH STATEWIDE PLANNING GOALS, COMPATIBILITY WITH COMPREHENSIVE PLANS, AND COORDINATION ON LAND USE MATTERS › Section 690-005-0045 - Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans

Current through Register Vol. 63, No. 7, July 1, 2024
The Department has fulfilled its goal compliance and
				comprehensive plan compatibility obligations required by ORS
				197.180 when it has:
(1) Applied the provisions of OAR
			 690-005-0035  (Compatibility with Acknowledged Comprehensive Plans).
(2) Applied provisions of rules identified or
			 pertaining to programs listed in OAR
			 690-005-0025.
(3) Followed compatibility procedures in its
			 Land Use Planning Procedures Guide.
(4) Taken action to comply directly with
			 statewide planning goals, as necessary and as prescribed in OAR
			 690-005-0030.
(5) Followed the dispute resolution
			 procedures of OAR
			 690-005-0040,
			 if necessary.
Stat. Auth.: ORS 197 & ORS 536
Stats. Implemented: ORS 197 & ORS
				  536
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 5 - COMPLIANCE WITH STATEWIDE PLANNING GOALS, COMPATIBILITY WITH COMPREHENSIVE PLANS, AND COORDINATION ON LAND USE MATTERS › Section 690-005-0050 - Assuring Goal Compliance and Acknowledged Plan Compatibility for New or Amended Land Use Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (2) of this rule, the Department shall assure that new
			 rules and programs which qualify as land use programs, or amendments to
			 existing land use programs, comply with the statewide planning goals and are
			 compatible with acknowledged comprehensive plans.
(2) The Commission may choose not to apply
			 this rule to the adoption of temporary rules and programs.
(3) The Department shall examine new rules or
			 programs to determine if they qualify as land use programs as defined by OAR
			 660-030-0005(2)  and using criteria established in the Department's
Land
			 Use Planning Procedures Guide
.
(4) If new rules or programs are found to be
			 land use programs, the Department or Commission shall amend OAR 690-005-0025,
			 other sections of existing rule divisions pertinent to the program, and the
			 Department's
Land Use Planning Procedures Guide
as needed to
			 assure goal compliance and compatibility with acknowledged comprehensive
			 plans.
(5) Amendments to existing
			 land use programs shall be examined to determine if:
(a) They affect land use as determined by the
			 criteria established in the Department's
Land Use Planning Procedures
			 Guide
;
(b) Provisions of OAR
			 Chapter 690, Division 5 or the Department's
Land Use Planning Procedures
			 Guide
are sufficient for assuring that actions allowed by the amendments
			 comply with the goals and are compatible with comprehensive plans; or
(c) They modify the program so that it no
			 longer qualifies as a land use program.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 5 - COMPLIANCE WITH STATEWIDE PLANNING GOALS, COMPATIBILITY WITH COMPREHENSIVE PLANS, AND COORDINATION ON LAND USE MATTERS › Section 690-005-0055 - Land Use Program Coordination with State and Federal Agencies and Special Districts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall coordinate activities related to the programs identified in
			 OAR
			 690-005-0025  with
			 affected state and federal agencies and affected special districts by taking
			 actions described in its
Land Use Planning Procedures
			 Guide.
(2) Beginning July 1,
			 1991, the Director shall transmit a report each biennium to the Water Resources
			 Commission and the Director of the Department of Land Conservation and
			 Development which includes:
(a) An assessment
			 of the effectiveness of the Departments state agency coordination program
			 during the preceding biennium;
(b)
			 Recommendations for changes in Water Resources Department or Department of Land
			 Conservation and Development rules and procedures to improve coordination
			 between agencies and local governments;
(c) The status of any tasks identified for
			 implementation in the certified state agency coordination program; or
(d) Discussion of any other subject relating
			 to water resource management and land use.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 5 - COMPLIANCE WITH STATEWIDE PLANNING GOALS, COMPATIBILITY WITH COMPREHENSIVE PLANS, AND COORDINATION ON LAND USE MATTERS › Section 690-005-0060 - Cooperation with and Technical Assistance to Local Governments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 and Department place a high priority on cooperating with and providing
			 technical assistance to local governments.
(2) Cooperation with local governments shall
			 include:
(a) Informing planning departments or
			 Department activities and local water resources issues;
(b) Participating in periodic
			 review;
(c) Reviewing or pursuing
			 comprehensive plan amendments; and
(d) Reviewing project proposals.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 8 - STATUTORY GROUNDWATER TERMS › Section 690-008-0001 - Definition and Policy Statements

Current through Register Vol. 63, No. 7, July 1, 2024
A number of terms are used in the statutes, ORS
				537.505 -
				537.795, prescribing the
				management of ground water in Oregon. These rules define terms to qualify and
				clarify the statutes. In all statutes and rules employed in the management of
				ground water by the Water Resources Department and Commission, the following
				definitions shall apply, unless the context requires otherwise:
(1) "Aquifer" means a water-bearing body of
			 naturally occurring earth materials that is sufficiently permeable to yield
			 useable quantities of water to wells and/or springs.
(2) "Critical Ground Water Area Boundary"
			 means a line established in a critical ground water area order on a map that
			 surrounds an area in which one or more of the statutory criteria for critical
			 area declaration are met and which is located either:
(a) Physically by coincidence with natural
			 features such as ground water reservoir boundaries, hydrologic barriers, or
			 recharge or discharge boundaries; or
(b) Administratively by surrounding an
			 affected area when that area does not coincide with an area bounded by natural
			 features.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 9 - GROUNDWATER INTERFERENCE WITH SURFACE WATER › Section 690-009-0010 - Basis for Regulatory Authority and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The right to reasonable control of the ground waters of the
				State of Oregon has been declared to belong to the public. Through the
				provisions of the Ground Water Act of 1955, ORS
				537.505 to
				537.795, the Water Resources
				Commission has been charged with administration of the rights of appropriation
				and use of the ground water resources of the state. These rules govern the use
				of ground waters, pursuant to ORS
				537.730 and
				537.775, where the ground water
				is hydraulically connected to, and the use interferes with, surface
				waters.
Stat. Auth.: ORS 537
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 9 - GROUNDWATER INTERFERENCE WITH SURFACE WATER › Section 690-009-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Confined
			 Aquifer": means an aquifer in which ground water is under sufficient
			 hydrostatic head to rise above the bottom of the overlying confining bed,
			 whether or not the water rises above land surface.
(2) "Commission": means the Water Resources
			 Commission.
(3) "Confining Bed":
			 means a layer of low permeability material immediately overlying a confined
			 aquifer.
(4) "Department": means
			 the Water Resources Department, and consists of the Director of the Department
			 and all personnel employed in the Department including but not limited to all
			 watermasters appointed under ORS
			 540.020 (536.039).
(5) "Director": means the Water Resources
			 Director.
(6) "Hydraulic
			 Connection": means that water can move between a surface water source and an
			 adjacent aquifer.
(7) "Unconfined
			 Aquifer": means an aquifer in which the hydrostatic head a the upper surface of
			 the ground water is atmospheric.
Stat. Auth.: ORS 537
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 9 - GROUNDWATER INTERFERENCE WITH SURFACE WATER › Section 690-009-0030 - General Policy

Current through Register Vol. 63, No. 7, July 1, 2024
The following rules establish criteria to guide the Department
				in making determinations whether wells have the potential to cause substantial
				interference with surface water supplies and in controlling such interference.
				The rules apply to all wells, as defined in ORS
				537.515(7), and
				to all existing and proposed appropriations of ground water except the exempt
				uses under ORS 537.545. The authority under
				these rules may be locally superseded where more specific direction is provided
				by the Commission after the effective date of adoption of these
				rules.
Stat. Auth.: ORS 537
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 9 - GROUNDWATER INTERFERENCE WITH SURFACE WATER › Section 690-009-0050 - Ground Water Controls

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall review existing ground water appropriations to determine the
			 potential to cause substantial interference with a surface water source on a
			 case-by-case basis, in accordance with OAR 690-009-0040, whenever substantial
			 interference with a surface water source is suspected to exist by the
			 Department.
(2) Whenever the
			 Department determines that substantial interference with a surface water supply
			 exists, the Department shall control those groundwater appropriations that have
			 been determined under section (1) of this rule to have the potential to cause
			 substantial interference. The controls shall be similar to or compatible with,
			 buy not more restrictive than controls on the affected surface water source, in
			 accordance with the relative dates of priorities of the ground water and
			 surface water appropriations:
(a) Prior to
			 controlling the use of any well greater than 500 feet from a surface water
			 source, the Department shall determine whether any control would provide relief
			 to the surface water supply in an effective and timely manner. The Department
			 shall make the determination on the basis of the best available information,
			 employing at least one of the methods set forth in OAR
			 690-009-0040(4)(d);
(b) The
			 Department shall control the use of wells greater than one mile from a surface
			 water source only through a critical ground water area determination in
			 accordance with ORS 537.730 through
			 537.740.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 10 - APPROPRIATION AND USE OF GROUND WATER › Section 690-010-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS 183, ORS 197, ORS 536 & ORS 537
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 10 - APPROPRIATION AND USE OF GROUND WATER › Section 690-010-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to guide implementation of the
				critical ground water area statutes, ORS 537.730 to 537.742.
Statutory/Other Authority: ORS 536.027 & ORS
				  537.780
Statutes/Other Implemented: ORS 537.730 - ORS 537.742 &
				  ORS 537.780