reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 22 - EMERGENCY WATER PROVISIONS - KLAMATH COUNTY › Section 690-022-0030 - Applicability and Preference

Current through Register Vol. 63, No. 7, July 1, 2024
During the effective period of a drought declaration under ORS
				536.740 in Klamath County, and
				notwithstanding any provision of law to the contrary, the Commission grants a
				temporary preference for human consumption and/or stock watering as follows:
(1) The preference described in these
			 rules applies only to the diversion or use of water within Klamath County.
(2) Uses of water for human
			 consumption and stock watering, to the extent authorized under a water right
			 certificate, permit, decree, or findings of fact and order of determination
			 issued in an adjudication subject to ORS Chapter 539, are granted a preference
			 over all other water uses regardless of the priority date of the water right
			 for stock watering or human consumption.
(3) The Department will regulate water rights
			 in Klamath County in accordance with the preference for water rights for human
			 consumption and stock watering use as provided in subsection (2) of this
			 section.
(4) Water right holders
			 exercising the human consumption or stock water preferences established in this
			 rule shall assure curtailment of water uses unrelated to the preference.
(5) This preference does not
			 authorize a water right holder exercising the preference to make a call for
			 water.
(6) The option for a water
			 right holder to exercise the preference only applies to a water right holder
			 being regulated by the watermaster in order to satisfy a senior water
			 right.
Stat. Auth.: ORS
				  536.025;
				  536.027;
				  536.750
Stats. Implemented: ORS
				  536.750
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 25 - REGULATION OF GROUNDWATER IN THE OFF-PROJECT AREA DURING THE IRRIGATION SEASON FOR SENIOR SURFACE RIGHTS IN THE KLAMATH BASIN › Section 690-025-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  537.505 -
				  537.795,
				  540.045
Stats. Implemented: ORS
				  537.505 -
				  537.795,
				  540.045
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 25 - REGULATION OF GROUNDWATER IN THE OFF-PROJECT AREA DURING THE IRRIGATION SEASON FOR SENIOR SURFACE RIGHTS IN THE KLAMATH BASIN › Section 690-025-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding OAR 690-008-001, the following definitions
				apply to OAR 690-0025-0020 to OAR 690-0025-0040, unless the context requires
				otherwise:
(1) "Determined claim"
			 means a claim for surface water as provided in the Amended and Corrected
			 Findings of Fact and Order of Determination issued on February 28, 2014, and
			 subject to regulation pursuant to ORS
			 539.170.
(2) "Existing rights of record" means
			 authorized groundwater uses, determined claims, groundwater registrations, and
			 surface water rights.
(3)
			 "Groundwater registration" means an un adjudicated claim to use groundwater as
			 provided in ORS
			 537.605 that is registered with the Oregon Water Resources Department.
(4) "Groundwater reservoir" or "aquifer"
			 means a body of groundwater having boundaries which may be ascertained or
			 reasonably inferred that yields quantities of water to wells or surface water
			 sufficient for appropriation under an existing right of record.
(5) "Groundwater use authorization" means use
			 of water authorized by a permit, certificate or groundwater registration.
(6) "Hydraulically connected"
			 means water can move between or among groundwater reservoirs and surface
			 water.
(7) "Upper Klamath Basin"
			 means the area above and around Upper Klamath Lake that encompasses all water
			 sources that are tributary to Upper Klamath Lake, including groundwater, the
			 Wood River, Williamson River and Sprague River and their tributaries and the
			 Klamath Marsh and its tributaries.
(8) "Surface water right" means certificated
			 and permitted water rights, and determined claims, the source of which is
			 surface water, including springs, streams, and rivers.
(9) "Well" or "wells" means a well as defined
			 in ORS
			 537.515(9)
			 that is located in the Upper Klamath Basin and is used to beneficially withdraw
			 water for authorized groundwater uses including domestic, stock, irrigation,
			 industrial, municipal, and aquifer storage and recovery uses.
Statutory/Other Authority: ORS
				  536.027 &
				  ORS
				  537.525
Statutes/Other Implemented: ORS
				  539.170,
				  ORS
				  540.045 &
				  ORS
				  537.525
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 25 - REGULATION OF GROUNDWATER IN THE OFF-PROJECT AREA DURING THE IRRIGATION SEASON FOR SENIOR SURFACE RIGHTS IN THE KLAMATH BASIN › Section 690-025-0025 - Distribution of Water between Existing Rights of Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Whenever there is impairment of, or
			 interference with, existing water rights to appropriate surface water the
			 Oregon Water Resources Department may regulate the distribution of water among
			 the various users of water from any natural surface or groundwater reservoir in
			 accordance with the users' existing rights of record as authorized by ORS
			 537.525, ORS
			 539.170 and ORS
			 540.045.
(2) These rules, OAR 690-0025-0020 to OAR
			 690-0025-0040, govern the control of wells in the Upper Klamath Basin that
			 produce from a groundwater reservoir that is hydraulically connected to surface
			 water and subject to regulation in the course of distribution of water in
			 accordance with the users' existing rights of record.
(3) These rules operate in lieu of OAR
			 Chapter 690, Division 09, and in conjunction with OAR Chapter 690, Division
			 250, except that these rules govern distribution of groundwater and surface
			 water in the Upper Klamath Basin in lieu of OAR 690-250-0120(2).
Statutory/Other Authority: ORS
				  536.027 &
				  ORS
				  537.525
Statutes/Other Implemented: ORS
				  539.170,
				  ORS
				  540.045 &
				  ORS
				  537.525
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 25 - REGULATION OF GROUNDWATER IN THE OFF-PROJECT AREA DURING THE IRRIGATION SEASON FOR SENIOR SURFACE RIGHTS IN THE KLAMATH BASIN › Section 690-025-0040 - Regulation of Hydraulically Connected Wells

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the Upper Klamath Basin, a joint study
			 of groundwater hydrology by the Department and the U.S. Geological Survey has
			 established that groundwater and surface water are hydraulically
			 connected.
(2) Based on the data
			 and results of the joint groundwater hydrology study, wells that withdraw
			 groundwater in the Upper Klamath Basin reduce groundwater discharge and surface
			 water flow.
(3) The determinations
			 in subsections (1) and (2) are based on the best available information,
			 including but not limited to, water well reports, basin and hydrologic studies,
			 topographic maps, hydrogeologic reports, groundwater and surface water
			 elevation data, groundwater flow models, model simulation results for the Upper
			 Klamath Basin, and any other information that is used in the course of applying
			 generally accepted hydrogeologic methodologies.
(4) The Department has determined that
			 regulating permitted wells that are located a horizontal distance equal to or
			 less than 500 feet from a source of surface water rights will result in relief
			 to surface water rights within the current season of use.
(5) Before regulating an authorized
			 groundwater use pursuant to subsection (4), the Department shall determine the
			 horizontal distance between each well and the source or sources of surface
			 water rights.
(6) The Department
			 may regulate wells that are located a horizontal distance equal to or less than
			 500 feet from a source of surface water rights whenever a valid call for
			 surface water is made and the Department is regulating in accordance with the
			 users' existing rights of record. Under this rule, the Department will not
			 regulate wells located a horizontal distance greater than 500 feet from a
			 source of surface water.
(7)
			 Groundwater regulation in the Upper Klamath Basin before March 1, 2021, will
			 occur pursuant to OAR 690-0025-0020 to OAR 690-0025-0040. After March 1, 2021,
			 OAR 690-0025-0020 to OAR 690-0025-0040 will no longer be in effect and
			 groundwater regulation in the Upper Klamath Basin will occur under OAR 690-009,
			 unless the Commission adopts new rules prior to March 1, 2021, governing
			 groundwater regulation for senior surface water rights in the Upper Klamath
			 Basin.
(8) Notwithstanding present
			 conformance of these rules with ORS
			 537.780(2)(a),
			 these rules do not establish a precedent that precludes different or additional
			 determinations of what wells may be regulated so as to provide relief to
			 surface water rights within the current season of use consistent with the
			 authorities of the Water Resources Commission.
Statutory/Other Authority: ORS
				  536.027 &
				  ORS
				  537.525
Statutes/Other Implemented: ORS
				  539.170,
				  ORS
				  540.045 &
				  ORS
				  537.525
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules provide for the filing of registration statements
				for pre-1909 uses of water in areas not yet adjudicated, and federal and Indian
				reserved rights. They explain the process by which the Director will make
				determinations on surface water registrations, federal reserved water rights,
				and spring registrations. These rules also explain the adjudication process for
				making final determinations of the water rights.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply in OAR Chapter 690, Division
				28:
(1) "Adjudication Process" is the
			 process for making final determinations of the extent of vested water rights
			 and federal reserved rights within a stream basin as set out in ORS Chapter
			 539.
(2) "Beneficial Uses" are as
			 defined under OAR Chapter 690, Division 11.
(3) "Claim" means a completed statement and
			 proof of claim concerning a pre-1909 vested water right, or a federal reserved
			 water right as described in ORS Chapter 539, or a right to the use of spring
			 waters under ORS 537.599.
(4) "Claimant" means any person asserting
			 ownership of rights to the use of surface or spring waters of the State of
			 Oregon or on whose behalf ownership of rights to the use of water is asserted.
			 The rights asserted shall be undetermined vested or spring rights not evidenced
			 by a court decree issued pursuant to ORS Chapter 539, or be federal reserved
			 rights. "Claimant" includes, but is not limited to, registrants, an individual
			 Indian or Indian Tribe, or the federal government acting on its own behalf or
			 on the behalf of an Indian Tribe or an individual Indian.
(5) "Department" means the Oregon Water
			 Resources Department.
(6)
			 "Director" means the Water Resources Director.
(7) "Documentation" includes but is not
			 limited to:
(a) Statements of persons having
			 knowledge of historical use of water;
(b) A true copy of the original land patent
			 taking the land in question from the public domain;
(c) A true copy of the original government
			 land office survey map;
(d) A
			 document that substantiates the time the project was initiated or
			 constructed;
(e) Contracts,
			 agreements or stipulations between water users that define rotation agreements,
			 uses along a common ditch, or other conditions to reduce conflicts among
			 users;
(f) A true copy of
			 Congressional Legislation, Presidential Order, Indian Treaty, or Court Order
			 setting aside lands as a federal reservation; or
(g) Other relevant documents or information
			 tending to establish the water right.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0015 - Notice of Need to Register Claims

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to publishing notice as required by ORS
				539.230(2), the
				Director shall provide notice of the need to register all claims to
				undetermined vested water rights and federal reserved rights by:
(1) Holding public meetings within the
			 county/counties in which the stream or river system to be adjudicated is
			 located.
(2) Publishing
			 announcements in applicable trade or organization newsletters.
(3) Submitting public service announcements
			 on local radio stations.
(4)
			 Submitting of notice for posting in appropriate post offices.
(5) Informing the following:
(a) State watermasters;
(b) County extension agents;
(c) Soil and water conservation
			 districts;
(d) County livestock
			 association;
(e) County wheat
			 league;
(f) County historical
			 society;
(g) County dairymen's
			 association;
(h) Affected Indian
			 tribes and government agencies;
(i)
			 County courts and county commissioners; and
(j) Certified water right
			 examiners.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0020 - Previously Adjudicated Streams

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In an area where a general stream adjudication has been completed only
			 claimants for federal reserved rights, or persons claiming a right to the use
			 of spring waters which originally stayed all on one property, or persons who
			 were not or whose predecessors were not served notice of the original
			 adjudication may file a registration statement of claim under these
			 rules.
(2) A registration statement
			 for a federal reserved right in an area where a general stream adjudication has
			 been completed shall be indorsed with the date of receipt. The registration
			 shall not be affirmed until the status of the filing has been determined with
			 respect to the original and any supplemental decrees.
(3) A person having an undetermined vested
			 water right in an area where a general stream adjudication has been completed
			 may file a petition for a supplemental adjudication with the court where the
			 original decree was entered if the person documents the owner of the land was
			 not given required notice at the time of initiation of the original
			 proceeding.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0025 - General Instructions for Registration Statements and Statements of Claim

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of filing registration statements and statements
				and proofs of claim in an adjudication:
(1) Each registration statement or statement
			 and proof of claim shall be neatly printed in ink or typewritten on a form or
			 in a format approved by the Department. The registration statement shall be
			 verified as accurate by the registrant and notarized.
(2) One registration statement or statement
			 and proof of claim may include multiple uses with one common date of priority
			 for parcels of contiguous land. Separate statements shall be registered for
			 non-contiguous properties or different priority dates.
(3) Each item on the form shall be completed.
			 If the answer to a question is not available a statement to that effect shall
			 be made for each such entry.
(4)
			 The required map shall be prepared by a certified water right examiner. The
			 certified water right examiner shall confirm the map by an on-site inspection.
			 Maps submitted become a part of the registration. The survey and map standards
			 shall be the same as OAR 690-011 and 690-014-0170. In addition the map shall
			 include:
(a) The date the survey was
			 performed;
(b) The point of
			 beginning and the referenced land survey corner of the deed, if
			 applicable;
(c) The dimensions and
			 the capacity of any existing diversion systems; and
(d) The number of acres irrigated in each
			 quarter-quarter shall be shown to the nearest tenth of an acre.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0026 - Filings for Practicably Irrigable Acreage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any Indian or Indian tribe claiming a
			 right for practicably irrigable acreage shall, in addition to OAR
			 690-028-0025,
			 establish that the land for which the right is claimed is arable. The claimant
			 must show that it is technically and economically possible to develop an
			 irrigation system to serve the land. Factors that shall be considered include
			 but are not limited to:
(a) Source and
			 availability of water;
(b) Soils
			 type and classification;
(c) Slope
			 of the land;
(d) Elevation above
			 sea level;
(e) Growing season
			 (degree days);
(f) Natural
			 precipitation;
(g) Crop types that
			 could be grown;
(h) Description of
			 the proposed irrigation system; and
(i) Estimated costs of developing the
			 irrigation system.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0027 - Filings for Federal Reserved Instream Water Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any Indian tribe or federal agency
			 claiming an instream federal reserved right shall provide the information in
			 OAR
			 690-028-0025(3)
			 and (5)  for each stream reach for which a
			 right is being claimed. A separate registration form shall be filed for each
			 stream reach in which an instream reserved right is being claimed. Each stream
			 reach or lake shall be identified on a Department basin map. The upstream and
			 downstream locations of the reach shall be identified according to the public
			 lands survey system. The purpose or purposes of the instream flow shall be
			 given. If applicable, the species of fish or wildlife to be supported must be
			 identified. Flows requested shall be specified by month in cubic feet per
			 second, elevation of lake surface, or other measurable units as
			 appropriate.
(2) A claimant shall
			 provide supporting documentation of the methods used to estimate water
			 quantities needed to satisfy the purpose or purposes of the reservation.
			 Accepted methodologies for determining habitat needs include, but are not
			 limited to:
(a) Instream Flow Incremental
			 Methodology habitat suita-bility curves published in a series of technical
			 reports by the U.S. Fish and Wildlife Service;
(b) The Oregon Method developed by the Oregon
			 State Game Commission (Thompson, K.E., 1972, determining streamflows for fish
			 life, pp. 31-50, in Proceedings of the Instream Flow Requirement Workshops,
			 Pacific N.W. River Basins Commission, Portland, OR);
(c) Forest Service Method developed by the
			 Pacific Northwest Region USDA Forest Service, (Swank, G.W. and Phillips, R.W.
			 1976, Instream Flow Methodology for the Forest Service in the Pacific Northwest
			 Region, pp. 334-343, in Proceedings of Symposium and Special Conference on
			 Instream Flow Needs, Orsborn, J.F. and O.H. Allman, eds. Vol. II, American
			 Fisheries Society, Bethesda, MD); and
(d) Environmental Basin Investigation Reports
			 conducted by the Oregon State Game Commission between the mid-1960's and the
			 mid-1970's.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0028 - Fees and Late Registration or Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Minimum fees required by ORS
			 539.081 shall be paid at the
			 time a registration or claim is submitted. Persons filing after December 31,
			 1992, shall pay one and one-half times the fees re-quired for a timely
			 filing.
(2) A person filing for
			 practicably irrigable acreage or for other federal reserved rights may request
			 additional time to provide support materials. The request for additional time
			 shall state when interim data will be available and when the final claim is to
			 be made. The Director may approve a time extension based on the progress of the
			 general stream adjudication in question. The final claim shall detail the exact
			 acreages or quantities of water for which the claim is being made. All fees
			 shall be paid at the time the exact quantity of water is requested. Persons are
			 encouraged to file early on practicably irrigable acreage and instream water
			 rights so the Department can aid in determining how to obtain additional
			 supporting documentation.
(3) Fees
			 for instream water rights shall be based on the month of the year having the
			 highest quantity of water requested for the stream reach.
(4) Fees shall not apply to any federally
			 recognized Indian tribe, or to the United States acting as trustee for such a
			 tribe, claiming an undetermined vested right to the use of surface water for
			 any nonconsumptive and nondiverted instream use to satisfy tribal hunting,
			 fishing, or gathering rights.
(5)
			 After December 31, 1992, a petition filed for late registration shall include a
			 sworn statement detailing the good cause for failing to file the registration
			 on time. The petition shall include a brief summary of the claim to be filed.
			 The Director shall decide each case on its own merits.
(6) For purposes of ORS
			 539.240(4),
			 good cause for not filing a registration statement by December 31, 1992,
			 includes, but is not limited to that:
(a)
			 Recent acquisition of lands made filing by the deadline impracticable;
			 or
(b) Other circumstances made
			 filing on time impossible.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0029 - Review of Registration Statements and Orders of Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 registration statement is received in acceptable form by the Department, the
			 Department shall indorse on the registration the date it was received. The
			 statement shall be filed and an acknowledgement letter sent to the registrant.
			 A copy of the claim shall be sent to the watermaster.
(2) Notice of each registration shall be
			 published in the Department's public notice of applications. Notice may also be
			 published in a newspaper within the general area of the claim.
(3) The Department shall review each
			 registration to identify new or conflicting uses of water and those persons
			 that may be impacted by enforcement of the claim. If two or more persons are
			 impacted by the registration, then an informational public hearing may be
			 scheduled to determine the extent of the problem. Additional information may be
			 requested of the registrant. Persons may meet at their own discretion to
			 stipulate agreements for the Director to review. A field inspection may be made
			 of any registration.
(4) The
			 Director shall prepare a proposed order of registration for each registration.
			 If the registration is affirmed or modified the Director shall identify:
(a) The name and mailing address of the
			 claimant;
(b) The claimed
			 beneficial use of the water and the amount allowed;
(c) The stream from which the water is
			 diverted or in which the instream right is reserved;
(d) The tentative priority date of the
			 claimed use of water;
(e) The
			 period of the year during which the claimed use of water is allowed;
(f) Location of the claim within the township
			 and range, by quarter-quarter section, Donated Land Claim, or Government
			 Lot;
(g) The location of the
			 diversion point by reference to an established public land survey
			 corner;
(h) The location of the
			 place of use, and if for irrigation, the area irrigated in each quarter-
			 quarter section; and
(i) Any
			 conditions or stipulation that have been added to the registration, such as
			 flow monitoring requirements.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0040 - Standards to Evaluate Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each claim or registration statement for existing beneficial uses shall be
			 compared to all information submitted for consistency regarding settlement of
			 the area and general development of projects. The burden of proof to establish
			 a claim by a preponderance of relevant evidence rests on the
			 claimant.
(2) Lands identified as
			 practicably irrigable acreage shall be evaluated based on the physical
			 characteristics as they compare to lands commonly identified with growing a
			 particular crop. The Department may consult with federal or state agricultural
			 agencies, or any other person with appropriate expertise to verify factors for
			 determining arable lands.
(3) For
			 any river basin or subbasin the Director may propose rates and duties of water
			 to be allowed per acre of irrigated lands and of practicably irrigable acreage.
			 The Director may schedule a public hearing to accept information and testimony
			 about the appropriateness of those limitations.
(4) The Director may propose rates and duties
			 for watering stock from streams, for lands that are naturally flooded, or for
			 other beneficial uses as appropriate. The Director may schedule a public
			 hearing to accept information and testimony about the appropriateness of those
			 limitations.
(5) Instream flow
			 requirements shall be based on hydrological estimates or gaging data that can
			 be obtained for the particular stream reach. The Department shall prepare an
			 estimate of natural flows that would be available in the stream reach. The
			 water availability estimate shall account for current usage of the water
			 resource. The Director may require additional documentation of instream flow
			 requirements if the claim is greater than the estimated average natural flow or
			 level for the stream reach. If the physical conditions of a waterway have
			 changed since the reservation lands were established then the Department may
			 consult with federal or state fisheries agencies, or any other person with
			 appropriate expertise to aid in determining natural flows necessary to maintain
			 the primary purpose or purposes of the reservation.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0045 - Reasonable Diligence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 complete beneficial use of all the water for a proposed purpose does not have
			 to be made in its entirety prior to February 24, 1909, to claim a vested water
			 right. All persons, including persons who acquire formerly reserved land shall
			 be allowed to develop their claim with reasonable diligence.
(2) Reasonable diligence in the construction
			 of the system of works necessary to fully accomplish appropriation of the water
			 does not require unusual or extraordinary effort. Reasonable diligence is that
			 which is usual and ordinary with persons performing similar projects. The water
			 user must demonstrate a genuine intent to complete the appropriation in a
			 timely manner. The question is one of fact, to be determined from the
			 circumstances on case-by-case basis.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0055 - Amendments to Registration Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When any amendment in ownership, point of
			 diversion, place of use, or type of use is necessary within a right defined by
			 a registration statement then the amendment shall be submitted in writing to
			 the Department. The request shall include documentation that the water has been
			 used over the past five years in accordance with the terms and conditions of
			 the registration. The request shall state the reasons for the change.
(2) When any change in point of diversion,
			 place of use, or type of use is received by the Department a notice of the
			 change shall be published in the Department's public notice of
			 applications.
(3) The Director
			 shall review each amendment to determine that the change will not result in
			 injury to other water rights holders, or a net loss of water available to
			 downstream users or an expansion of the right under the original
			 registration.
(4) The Director may
			 accept the amendment to the registration statement and include it as part of
			 the records of the Department. No amendment to a registration shall be
			 construed as final or conclusive until it is determined under an adjudication
			 proceeding under ORS 539.010 to
			 539.240.
(5) When lands are sold a registration is to
			 be assigned in whole or in part from an Indian reserved right of practicably
			 irrigable acreage to a non-Indian, the assignment must be filed with the
			 Department. The Director shall cancel the initial order for the federal
			 reserved right and issue an order confirming an inchoate right for the
			 undeveloped uses. The inchoate right shall be put to full beneficial use within
			 five years of issuance of the order unless an extension is granted by the
			 Director. The Director shall also issue a remaining right order for the part of
			 the federal reserved right not assigned.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0060 - Beginning the Adjudication Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any water right holder may petition the
			 Director to begin a general stream adjudication. The petitioner may be a
			 registrant or the holder of a right to appropriate water from the subject
			 stream system. The petition may be signed by more than one registrant or
			 permitted or certificated water right owner.
(2) At the start of a general stream
			 adjudication the Director shall send in person, or by registered or certified
			 return receipt mail to each claimant and all holders of permitted or
			 certificated water rights on the stream the notice required by ORS
			 539.030. The Director shall
			 include a form for any party to file who wishes to be included in the
			 adjudication solely to contest the claims of others.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0065 - Time for Filing Claims and Documentation

Current through Register Vol. 63, No. 7, July 1, 2024
The notice of taking of testimony issued by the Director
				pursuant to ORS 539.040 shall state:
(1) All claimants shall file a statement and
			 proof of claim, including persons who have already filed a registration
			 statement. The claim shall contain the same information as required under OAR
			 690-028-0025, 690-028-0026, or 690-028-0027  as appropriate. If the claimant
			 agreed with data collected and mapped by the Department or if the map submitted
			 with the original registration is still valid, then an additional map is not
			 required. For purposes of the Klamath Basin adjudication a person may submit an
			 updated map prepared by a certified water right examiner, or a registered
			 engineer or surveyor.
(2) Any
			 person who does not file a registration statement within the time required by
			 ORS 539.240 may not file a statement
			 and proof of claim to an undetermined vested right to water.
(3) Director shall set a time certain for
			 filing statements and proofs of claim and notify all registrants by certified
			 return receipt mail when and how the statement and proof of claim shall be
			 filed. The Director may set separate times for accepting claims for consumptive
			 uses, practicably irrigable acreage and instream reserved rights.
(4) Claimants may be required to provide
			 information in addition to that on their registration statement, including, but
			 not limited to additional information that was not available at time of
			 registration such as:
(a) New maps showing
			 changes in use; or
(b)
			 Documentation of chain of title to the current owner.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0070 - Summary of Claims

Current through Register Vol. 63, No. 7, July 1, 2024
The Director shall identify for all claimants in a summary
				document:
(1) The name and mailing
			 address of the claimant.
(2) The
			 claimed beneficial use of the water and the amount allowed.
(3) The stream from which the water is
			 diverted or in which the instream right is reserved.
(4) The priority date of the claimed use of
			 water.
(5) The period of the year
			 during which the claimed use of water is allowed.
(6) Location of the claim within the township
			 and range, by quarter-quarter section, Donation Lane Claim, or Government
			 Lot.
(7) The location of the
			 diversion point by reference to an established public land survey
			 corner.
(8) The location of the
			 place of use, if for irrigation, the area irrigated in each quarter- quarter
			 section.
(9) Any conditions or
			 stipulations that have been added to the claim.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0075 - Filing Contests of Claims of Others

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After all claims, documentation and
			 supporting materials have been filed the Director shall schedule an open
			 inspection period. All parties shall receive notice as provided in ORS
			 539.090 of the times to inspect
			 the claims and evidence. All contests of claims shall be filed in accordance
			 with the requirements of OAR Chapter 690, Division 30 within 15 days of the
			 closing date for public inspection. The Director may extend this time by 20
			 days if requested by a party to the proceeding showing good reason for the
			 extension.
(2) A person who does
			 not claim a pre-1909 vested right but has interest in a stream by holding a
			 valid water right period or certificate may enter the proceeding solely for
			 contesting claims made by others pursuant to OAR 690-030.
(3) Contestants shall state with reasonable
			 certainty the ground for the contest. Reasons for contest include, but are not
			 limited to:
(a) Claiming a wrong priority
			 date;
(b) Claiming a wrong quantity
			 of water;
(c) Claiming a wrong area
			 of use;
(d) Claiming a use started
			 after February 24, 1909, except on federal reserved rights or spring
			 registration;
(e) Claiming a use
			 that had been forfeited by five or more consecutive years of non-use less than
			 fifteen years previously; and
(f)
			 Claiming a use that has been intentionally abandoned.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 28 - SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS › Section 690-028-0080 - Responsibilities to Circuit Court

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Director shall prepare findings of fact and an order of determination of all of
			 the claims within the general stream basin. The original documentation and
			 certified copies of the observations, measurements, and maps shall be submitted
			 to the Circuit Court with the findings of fact and order of
			 determination.
(2) The Director
			 shall send a notice of the Court hearing date to all parties as provided in ORS
			 539.130.
(3) The Director shall participate in the
			 hearings on the findings and in hearings on exceptions to the findings, if any.
			 If the findings are remanded to the Department, the Director shall collect such
			 additional documentation as is necessary to establish the facts or to resolve
			 conflicts. The Director may amend the findings and shall submit the amended
			 findings and order of determination back to the Court for
			 reconsideration.
(4) After the
			 court has affirmed or modified the findings of fact and order of determination
			 of the Director and the Director has received a certified copy of the decree,
			 the watermasters shall enforce the rights as evidenced in the decree.
(5) The Director shall allow a six month
			 period to pass to allow for appeal of the Court's decision. When all appeals
			 have been resolved the Director shall issue a certificate to each water right
			 holder as provided in the decree or as modified in the ap-peals
			 process.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 29 - WARM SPRINGS WATER RIGHTS NEGOTIATIONS › Section 690-029-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This rule establishes the methods by which the Water Re-sources
				Department (Department) provides opportunity for public notice and comment
				regarding negotiations between the Director of the Water Resources Department
				(Director) and the representatives for the Warm Springs Tribes and federal
				government, as trustee for the tribes, held to establish the scope and
				attributes of the water right claimed by the tribes, pursuant to ORS
				539.300, et
				seq.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 29 - WARM SPRINGS WATER RIGHTS NEGOTIATIONS › Section 690-029-0010 - Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons
			 interested in these negotiations shall request, in writing, to have their names
			 placed on a mailing list the Department shall prepare for the purpose of
			 carrying out this rule.
(2) The
			 Director shall mail notice by first class mail to all parties on the mailing
			 list 20 days prior to any negotiating session. The notice shall specify the
			 time, place and subject matter of the negotiating session, a summary of prior
			 negotiating sessions, if any, and explain the manner, described in OAR
			 690-028-0070, by which the Director may receive public input on the
			 negotiations. At the conclusion of the negotiations, persons on the mailing
			 list shall receive a summary of the agreement reached, and an explanation of
			 how the agreement is to be submitted to a court, pursuant to ORS
			 539.320.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 29 - WARM SPRINGS WATER RIGHTS NEGOTIATIONS › Section 690-029-0015 - Public Comment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons who
			 wish the Director to consider concerns they may have with regard to the
			 negotiations may submit an explanation, factual background evidence and a
			 proposed position or solution and other relevant material to the Director. Such
			 comments shall be in writing and submitted to the Director at least ten days
			 prior to the negotiating session to be fully considered.
(2) Members of the public are entitled to
			 attend the negotiating sessions, but are not entitled to present testimony at
			 those sessions.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 30 - CONTESTS IN THE ADJUDICATION OF WATER RIGHTS › Section 690-030-0005 - Rules of the Water Resources Director

Current through Register Vol. 63, No. 7, July 1, 2024
The following rules, OAR
				690-030-0005 to
				690-030-0090,
				have been adopted by the Water Resources Director to govern the practice and
				procedure relative to contests before him. A substantial compliance with the
				rules is required.
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 690-030-0010 - Statement of Contest, When to Be Filed

Current through Register Vol. 63, No. 7, July 1, 2024
Every statement of contest must be filed within the period
				prescribed by statute; and no statement of contest will be received or
				considered which is not filed with the Water Resources Director within the time
				permitted by law.
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 690-030-0015 - Contents and Form of the Statement of Contest

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The statement of contest shall be as
			 nearly as may be in the following form:
Before the Water Resources Director of the State of
				Oregon.
______________ County.
In the Matter of the Determination of the Relative Rights to
				the Waters of _________, a Tributary of _________ A. B. (or A. B. and C.
				D.),
__________ Contestants, Statement of Contest.
v.s.
__________E.F., Contestee.
To __________, Water Resources Director and to the above-named
				contestant __________ hereby contests the right claimed by the above-named
				contestee __________, to the waters of __________, a tributary of __________,
				in the above entitled proceedings, and for statement of contest, said
				contestant __________ alleges:
1. That
			 said contestant ---------- claims an interest in the waters of the said stream,
			 as follows, to wit: (Here set forth the nature of the rights claimed by the
			 contestant or contestants briefly and within reasonable certainty).
2. That said contestee__________ are claiming
			 (Here set forth the nature of the claims made by the contestees with reasonable
			 certainty).
3. That said contestant
			 __________ contests the rights claimed by the contestee for the following
			 reasons: (Here set forth, with reasonable certainty, the ground of the proposed
			 contest).
Wherefore, contestant demands that a hearing of said contest be
				had, and testimony taken therein, and that it be determined by the Water
				Resources Director in the above-entitled proceeding that (Here set forth the
				extent of the rights to which contestant claims said contestee is entitled, and
				the extent to which the same should be determined).
Service of notice of hearing, or answers or other papers may be
				made upon (Contestant, agent or attorney, as the case may be), whose post
				office address is:__________.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 30 - CONTESTS IN THE ADJUDICATION OF WATER RIGHTS › Section 690-030-0020 - Service to Be Made on Contestee

Current through Register Vol. 63, No. 7, July 1, 2024
Upon filing of a statement of contest, service thereof shall be
				made by the contestant upon the contestee, by registered mail, as provided by
				the statute.
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 690-030-0025 - Answers

Current through Register Vol. 63, No. 7, July 1, 2024
Answers on the part of contestees are not required by the
				statute; and the contest is deemed at issue upon the filing of the statement of
				contest, the statement and proof of contestee being deemed as put in issue by
				the contest to the extent as shown by the allegations in the statement of
				contest; contestees may, however, set up by way of answer, any new matter;
				service of such answer shall be made on the opposing party, his agent or
				attorney, conformably to the rules of practice in suits in equity in the
				Circuit Court, and no answer will be received or filed until such service is
				made.
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 690-030-0030 - Answers, When to Be Served

Current through Register Vol. 63, No. 7, July 1, 2024
Answers shall be filed at least five days prior to the day set
				for hearing of contest, with due proof of service on the opposing party
				indorsed thereon.
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 690-030-0035 - Amendment of Statement of Contest

Current through Register Vol. 63, No. 7, July 1, 2024
The statement of contest may be amended, prior to the date
				fixed for the hearing, by the filing of such amended statement of contest with
				the Water Resources Director at least 10 days prior to the date fixed for the
				hearing of said 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 690-030-0040 - Service of Amended Statement

Current through Register Vol. 63, No. 7, July 1, 2024
Service of such amended statement of contest shall be made on
				the contestee, his agent or attorney, prior to the filing of the same with the
				Water Resources Director and no amendment of the statement of contest will be
				received or filed which does not bear an endorsement thereon of service upon
				said contestee, his agent, or attorney.
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 690-030-0045 - Hearing of Contest

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 the day named in the notice of hearing, as the same shall be fixed by the Water
			 Resources Director therein, said contest will be heard by said Water Resources
			 Director, or his authorized assistant.
(2) Department officers and employees may
			 appear and participate on behalf of the Water Resources Director in contests
			 before the Water Resources Director or his authorized assistant. The Department
			 representative shall only represent the Water Resources Director in the manner
			 described in OAR 137-003-0545(3).
Stat. Auth.: ORS 536 & ORS 543
Stats. Implemented: ORS
				  183.413 - ORS
				  183.470 & ORS
				  539
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 30 - CONTESTS IN THE ADJUDICATION OF WATER RIGHTS › Section 690-030-0050 - Procedure on Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
Upon the hearing of any contest, except when the parties have
				agreed otherwise, such contest will be considered as putting the claimant or
				claimants so contested upon proof, and such contestee or contestees shall first
				produce witnesses for examination, and the testimony adduced shall be in
				support of the allegations or statements in such contestees' statements and
				proofs of claims as have been contested. The contestant shall then produce his
				witnesses. Such variations in this order of procedure, however, as may be
				deemed necessary for the convenience of witnesses or other considerations, may
				be made by the Water Resources Director or his authorized
				assistant.
Stat. Auth.: ORS 536 & ORS 543
Stats.
				  Implemented: