reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 80 - PROGRAMS FOR AND WITHDRAWAL FROM CONTROL AND USE OF STATE'S WATER RESOURCES › Section 690-080-0010 - Resume of Withdrawals by the Water Resources Commission of Unappropriated Water From Future Appropriation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Under the provisions of ORS
			 536.410, the Water Resources
			 Commission may withdraw unappropriated waters from further appropriation. While
			 an order of withdrawal is in effect, no applications for permits to appropriate
			 the waters withdrawn may be received for filing by the Water Resources
			 Director.
(2) The waters of the
			 streams and lakes listed below have been withdrawn by order of the Water
			 Resources Commission:
(a) Church Lake: WRB
			 31, f. 5-7-65; WRD 5, f. 6-15-77; Rescinded by WRD 14-1988, f.
			 8-11-88;
(b) Deschutes River Basin
			 - Trout Creek: WRD 8-1980, f. 11-24-80;
(c) Elk Creek: WRD 8-1985, f.
			 8-2-85;
(d) Fort Rock Basin: WRD
			 3-1987, f. 3-13-87; Repealed by WRD 2-1990, f. 2-23-90;
(e) Goose & Summer Lakes Basin - Dutchy
			 Lake:WRB 31, f. 5-7-65; WRD 5, f. 6-15-77; Rescinded by WRD 14-1988, f.
			 8-11-88;
(f) Hood River Basin:
(A) Priest Rapids Aquifer: WRD 4-1988, f.
			 5-17-88;
(B) Pomona Aquifer: WRD
			 4-1988, f. 5-17-88.
(g)
			 No Name Lake & Tributaries: WRB 31, f. 5-7-65; WRD 5, f. 6-15-77; Rescinded
			 by WRD 14-1988, f. 8-11-88;
(h)
			 Roberts Creek: WRD 8-1985, f. 8-2-85;
(i) Thomas Creek & Tributaries: WRB 31,
			 f. 5-7-65; WRD 5, f. 6-15-77; Rescinded by WRD 14-1988, f. 8-11-88;
(j) Umpqua River Basin:
(A) South Umpqua River: WRD 4-1985, f.
			 5-15-85;
(B) Lookingglass Creek:
			 WRD 9-1985, f. 8-2-85;
(C) Umatilla
			 River: WRD 14-1985, f. 12-20-85.
(k) Walla Walla River: WRD 1-1986, f.
			 2-20-86;
(l) Willamette River
			 System: WRB 32, f. 7-27-65.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 82 - ACCEPTANCE OF APPLICATIONS FOR WATER USES IN ADDITION TO CLASSIFIED USES › Section 690-082-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules authorize the Director of the Water Resources
				Department to accept applications to appropriate water for a use in addition to
				the uses for which particular waters are classified in the applicable basin
				program. These rules apply in all basins for which the Water Resources
				Commission has adopted a basin program.
Stat. Auth.: ORS 183 & ORS 536
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 82 - ACCEPTANCE OF APPLICATIONS FOR WATER USES IN ADDITION TO CLASSIFIED USES › Section 690-082-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR
				690-082-0010  through
				690-082-0080:
(1) "Affected Local Government": Any local
			 government as defined in OAR
			 690-005-0015, within
			 who jurisdiction water is or would be diverted, conveyed, or used under a
			 proposed or approved permit or certificate.
(2) "Basin Program": An administrative rule
			 described in OAR 690-080-0000, adopted by the Water Resources Commission under
			 ORS Chapter 536.
(3) "Classified
			 Uses": Beneficial uses of water designated in the basin programs for which
			 water use applications may be accepted.
(4) "Commission": The Water Resources
			 Commission.
(5) "Department": The
			 Water Resources Department.
(6)
			 "Director": The Director of the Water Resources Department.
Stat. Auth.: ORS 183, ORS 197 & ORS 536
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 82 - ACCEPTANCE OF APPLICATIONS FOR WATER USES IN ADDITION TO CLASSIFIED USES › Section 690-082-0030 - Application Filing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 application for a permit to appropriate water under these rules must be
			 accompanied by a letter to the Director showing:
(a) The use will be of short duration during
			 each year or for a continuous use period of no longer than five years;
			 or
(b) The use is of an unusual
			 nature not likely to recur in the basin, and unlikely to have been within the
			 uses considered by the Commission in adopting present basin
			 classifications.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 82 - ACCEPTANCE OF APPLICATIONS FOR WATER USES IN ADDITION TO CLASSIFIED USES › Section 690-082-0040 - Special Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
When the Department receives a complete application form and
				letter under OAR 690-082-0030, notice that the Director proposes to accept the
				application under these rules shall be provided to the Commission, appropriate
				state and federal agencies, affected local government planning department,
				appropriate Indian Tribes, others believed to have any interest in the proposed
				use and anyone requesting notice. The notice shall set the time and manner for
				filing objections to the proposed use. Objections shall be filed within 60 days
				of the date of agency mailing of the notice unless otherwise specified. The
				Director may presume that the application is allowed by and compatible with the
				plans and regulations of notified agencies and tribes unless informed otherwise
				within the comment period specified in the notice except as provided to local
				governments under 690-082-0030(2). In the event of a land use dispute as
				defined in 690-005-0015  (Definitions), the Director shall follow procedures
				outlined in 690-005-0040  (Resolution of Land Use Disputes).
Stat. Auth.: ORS 183, ORS 197, ORS
				  536.025 & ORS
				  536.027
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 82 - ACCEPTANCE OF APPLICATIONS FOR WATER USES IN ADDITION TO CLASSIFIED USES › Section 690-082-0050 - Acceptance of Application

Current through Register Vol. 63, No. 7, July 1, 2024
The Director shall accept the application if after full
				consideration of all the comments and objections received within the prescribed
				period the Director concludes that:
(1) Any valid objections to the proposed use
			 could be fully satisfied by appropriate conditions on any permit or certificate
			 issued.
(2) The proposed use is
			 unlikely to create adverse impacts on other water uses.
(3) The proposed use is unlikely to adversely
			 impact future appropriations for classified uses.
(4) The proposed use has been evaluated in
			 accordance with requirements established OAR
			 690-005-0045  (Standards for Goal Compliance and Compatibility with Acknowledged
			 Comprehensive Plans).
(5) The
			 source of water has not been withdrawn from further appropriation.
Stat. Auth.: ORS 183, ORS 197 & ORS 536
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 82 - ACCEPTANCE OF APPLICATIONS FOR WATER USES IN ADDITION TO CLASSIFIED USES › Section 690-082-0060 - Priority Date

Current through Register Vol. 63, No. 7, July 1, 2024
The date of priority for all applications received under OAR
				690-082-0040 shall be the date the application is accepted by the Director after review and
				approval of the proposed water use under
				690-082-0050.
Stat. Auth.: ORS 183 & ORS 536
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 82 - ACCEPTANCE OF APPLICATIONS FOR WATER USES IN ADDITION TO CLASSIFIED USES › Section 690-082-0070 - Normal Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
Any application accepted for filing under these rules shall be
				processed in the same manner as all other applications to appropriate water, as
				provided in OAR Chapter 690, Divisions 1 and 11.
Stat. Auth.: ORS 183 & ORS 536
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 82 - ACCEPTANCE OF APPLICATIONS FOR WATER USES IN ADDITION TO CLASSIFIED USES › Section 690-082-0080 - Right to Petition

Current through Register Vol. 63, No. 7, July 1, 2024
No action taken under these rules shall affect an applicant's
				right to petition the Commission under the provisions of OAR
				137-001-0070 for a change in a basin program to allow specific water uses.
Stat. Auth.: ORS 183 & ORS 536
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 85 - ANNUAL REPORTS AND SERIOUS WATER MANAGEMENT PROBLEM AREAS › Section 690-085-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish procedures and requirements for the
				annual reporting of water use by governmental entities pursuant to ORS
				537.099. These rules also
				establish procedures for designation of serious water management problem areas
				pursuant to ORS 540.435.
Stat. Auth.: ORS 537 & ORS 540
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 85 - ANNUAL REPORTS AND SERIOUS WATER MANAGEMENT PROBLEM AREAS › Section 690-085-0008 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 690-085-0010  and 690-085-0015:
(1) "Change in channel conditions" includes
			 but is not limited to scour, siltation, accumulation of debris, accumulation of
			 aquatic growth, and the removal of aquatic growth.
(2) "Commission" means the Water Resources
			 Commission.
(3) "Control" means a
			 natural constriction of the channel, a long reach of the channel, a stretch of
			 rapids, or an artificial structure downstream from the gage that determines the
			 stage-discharge relation at the gage.
(4) "Continuous stage recorder" means any
			 device that accurately and continuously records the rise and fall of a water
			 surface with respect to time.
(5)
			 "Department" means the Oregon Water Resources Department.
(6) "Director" means the Director of the
			 Water Resources Department.
(7)
			 "Economic hardship" means a financial burden of an extraordinary nature.
			 Examples of situations causing such a burden include, but are not limited to,
			 the following: the entity is required to report on an unusually large number of
			 diver-sions or locations, the costs of measuring and reporting for a diversion
			 or location greatly exceed the normal costs associated with a similar volume of
			 water, or the costs of measuring and reporting threaten the entity's fiscal
			 ability to continue operating.
(8)
			 "Flume" means a specially shaped open channel flow section which may be
			 installed in a canal, lateral, or ditch to form a control.
(9) "Governmental entity" includes any state
			 or federal agency, local government as defined in ORS
			 294.004, irrigation district
			 formed under ORS Chapter 545, water control district formed under ORS Chapter
			 553, and any other special purpose district organized under state law.
(10) "Open channel flow
			 measurement" means a series of velocity, depth, and width measurements taken
			 across an open channel using a velocity meter and a calibrated tape measure as
			 described in references listed in OAR
			 690-085-0015(4)(f).
(11) "Point of diversion" means the point at
			 which water is appropriated from its source.
(12) "Shift" means a correction that is
			 derived from a flow measurement and applied to the gage height to obtain a true
			 flow or discharge throughout a specific time sequence.
(13) "Staff gage" means a device constructed
			 for the measurement of water depth. It shall allow accurate reading to 1/100th
			 of a foot.
(14) "Velocity meter"
			 means a device designed and constructed to the specifications cited in the
			 reference listed in OAR
			 690-085-0015(4)(f)(C)
 
			 for measuring stream velocity in open channels.
(15) "Water use" means water diverted or
			 pumped from the source, or in the case of non-diverted water, the water
			 available to satisfy the right.
(16) "Weir" means an overflow structure built
			 across an open channel to form a control.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 85 - ANNUAL REPORTS AND SERIOUS WATER MANAGEMENT PROBLEM AREAS › Section 690-085-0010 - Governmental Entities to Submit Annual Water-use Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) By December 31 of each year, any
			 governmental entity holding water rights shall submit to the Department a
			 report detailing monthly water use under the rights for each point of
			 diversion. Reporting shall be for the previous water year (October 1 to
			 September 30). A governmental entity shall not be required to submit a report
			 under this rule for water rights held because of default in repayment of loans
			 or other debts owed to the state.
(2) The report shall be submitted on forms
			 supplied by, or in a format acceptable to the Department. It shall include:
(a) The name and address of the reporting
			 entity;
(b) The monthly volume of
			 water diverted or pumped from natural flow and/or stored water for each major
			 category of use at each point of diversion listed on the water rights, except
			 as noted in subsections (2)(c), (d), and (e) of this rule. The volume of water
			 diverted or pumped shall be determined as prescribed in OAR
			 690-085-0015;
(c) For in-reservoir uses, the volume of
			 water impounded on approximately the same day each month;
(d) For instream water rights, the monthly
			 volume of water flowing through the channel for at least one point covered by
			 the water right;
(e) For instream
			 uses supplied from storage, the volume of stored water released every
			 month.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 85 - ANNUAL REPORTS AND SERIOUS WATER MANAGEMENT PROBLEM AREAS › Section 690-085-0015 - Methods for Measuring and Computing Water Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Beginning October 1992, methods shall be
			 approved in advance by the Department except those prescribed in sections (4)
			 and (5) of this rule which are approved by the Department. The methods
			 prescribed in sections (4) and (5) of this rule are designed to meet OAR
			 690-085-0010(3).
			 Alternate methods will be accepted by the Department if the conditions
			 specified in section (6) of this rule are met. Any method is subject to review
			 by the Department.
(2) In Critical
			 Groundwater and Serious Water Management Areas measuring requirements may be
			 different. In such cases the more stringent measuring requirements will take
			 precedence.
(3) Where practical,
			 water use shall be measured at each point of diversion. However, measurements
			 may be taken at a reasonable distance from the point of diversion if the
			 following conditions are met:
(a) The measured
			 flow shall be corrected to reflect the flow at the point of diversion. The
			 correction will be based on periodic flow measurements at the point of
			 diversion taken in conjunction with flow measurements at the usual measuring
			 point;
(b) If the measured flow
			 includes flow contributions from more than one point of diversion, the measured
			 flow shall be proportioned to reflect the flow at each point of diversion using
			 the method prescribed in subsection (a) of this section;
(c) A description of the correction method
			 shall be submitted with the annual report the first time it is used and any
			 time it is changed, or once every five years, whichever is shorter.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 85 - ANNUAL REPORTS AND SERIOUS WATER MANAGEMENT PROBLEM AREAS › Section 690-085-0020 - Serious Water Management Problem Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may adopt a rule to
			 designate an area as having serious water management problems and may order any
			 affected water right holders to submit annual water use reports if it finds
			 that:
(a) Ground water decline in the area is
			 of such magnitude that the aquifer does not recover annually;
(b) There are frequent water management
			 disputes between water users in the area that cannot be privately
			 resolved;
(c) Substantial
			 interference exists between wells;
(d) The exercise of ground water rights
			 interferes with flow of water in a nearby stream, to the detriment of senior
			 surface water rights;
(e) The
			 diversion of water from streams is in such quantities that interference with
			 nearby wells occurs; or
(f) There
			 are frequent occurrences of surface or ground water shortages caused by use of
			 water from streams or wells. Shortages may be evidenced by complaints from
			 water right holders, requests to regulate water use, degraded water quality, or
			 failure to meet administrative restrictions or minimum streamflows.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 85 - ANNUAL REPORTS AND SERIOUS WATER MANAGEMENT PROBLEM AREAS › Section 690-085-0030 - Failure to Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Director may order regulation or termination of deliveries of water to and use
			 of water by any water right holder who fails to satisfactorily install or
			 maintain a measuring device or to submit a report required by OAR
			 690-085-0020.
			 Notice of intended regulation shall be served on the person by certified mail,
			 return receipt requested. Regulation shall become effective not earlier than 30
			 days after the date of mailing of the notice. Regulation shall not become
			 effective if the person satisfactorily complies within 30 days from the date of
			 mailing of the notice or if the person is granted an extension of time under
			 section (2) of this rule.
(2) A
			 water right holder required under OAR
			 690-085-0010  or
			 690-085-0020  to submit an annual water use report may request in writing a 60-day extension
			 of time to submit the report. The Director may grant the extension upon finding
			 that the additional time is needed by the person or government entity to
			 compile and submit accurate and complete information.
Stat. Auth.: ORS 537 & ORS 540
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0020 - General Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 690-086-0010  to 690-086-0920:
(1) "Affected Local Governments" means any
			 local government as defined in OAR 690-005-0015, within whose jurisdiction the
			 diversion, conveyance, or use of water is established or proposed within the
			 context of the water management and conservation plan.
(2) "Commission" means the Water Resources
			 Commission.
(3) "Conservation" has
			 the meaning given to that term in OAR 690-400-0010(5).
(4) "Department" means the Water Resources
			 Department.
(5) "Director" means
			 the Director of the Water Resources Department or designee.
(6) "Waste" has the meaning given to that
			 term in OAR 690-400-0010(16).
Statutory/Other Authority: ORS
				  536.027,
				  537.211  & 540.572
Statutes/Other Implemented: ORS
				  537.230,
				  537.630  & 539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0030 - Definitions for Municipal Water Suppliers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Alternate Municipal WMCP" means a water
			 management and conservation plan submitted by a Small Municipal Water Supplier
			 in accordance with OAR 690-086-0300  to OAR 690-086-0370  in lieu of submitting a
			 plan pursuant to OAR 690-086-120 to OAR 690-086-0170.
(2) "Authorized Consumption" means all water
			 uses known and approved by a Municipal Water Supplier. These uses include all
			 metered uses and any other approved uses such as fire-fighting, fire training,
			 system operation needs, reuse, or miscellaneous uses.
(3) "Benchmark" means the specific
			 incremental activities that a Municipal Water Supplier plans to have completed
			 in implementing conservation measures.
(4) "Extended Permit" means a municipal or
			 quasi-municipal water use permit conditioned by an extension order under OAR
			 chapter 690, division 315 or 320 to provide that diversion of water beyond the
			 maximum rate diverted under the permit or previous extension(s) shall only be
			 authorized upon issuance of a final order approving a water management and
			 conservation plan.
(5) "Metering"
			 means using water meters or other continuous recording devices to measure and
			 to maintain a record of all water diverted and delivered.
(6) "Municipal Water Supplier" means a
			 publicly or privately owned water distribution system that provides potable
			 water for community needs, either to individual customers or another
			 distribution system, or that provides water primarily for commercial or
			 industrial uses.
(7) "Municipal
			 WMCP" means a water management and conservation plan submitted by a Municipal
			 Water Supplier pursuant to OAR 690-086-0120  to OAR 690-086-0170.
(8) "Small Municipal Water Supplier" means a
			 Municipal Water Supplier that:
(a) Serves a
			 population of less than 1000 people or has less than 300 Water Service
			 Connections; and
(b) Within the
			 previous 5 years, the water distribution system's maximum daily demand or
			 maximum instantaneous rate, including but not limited to, the amount of water
			 appropriated under its water rights, contracts, and/or interties, has not
			 exceeded 2 million gallons per day (mgd) or 3.1 cubic feet per second (cfs).
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0040 - Definitions for Agricultural Water Suppliers

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 690-086-0210  to 690-086-0270  and OAR
				690-086-0900  to 690-086-0920:
(1)
			 "Agricultural Water Supplier" means any public or private organization,
			 including but not limited to an irrigation district formed under ORS Chapter
			 545, a drainage district formed under ORS Chapter 547, a water improvement
			 district formed under ORS Chapter 552, a water control district formed under
			 ORS Chapter 553, a corporation organized under ORS Chapter 554, an
			 unincorporated private association or a ditch company, the primary purpose of
			 which is to supply water to others for agricultural uses.
(2) "Agricultural Water Measurement" means
			 using measuring devices, including but not limited to weirs, flumes, submerged
			 orifices, gaging stations, and meters, to quantify the rate of flow and the
			 volume of water in a water delivery system.
(3) "Water Allocation/Curtailment Element"
			 means a program to equitably allocate, under existing priorities, a reduced
			 water supply among the water right holders dependent on the supply in response
			 to an emergency or other short-term shortage.
Statutory/Other Authority: ORS
				  536.027,
				  537.211  & 540.572
Statutes/Other Implemented: ORS
				  537.230,
				  537.630  & 539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0100 - Municipal Water Management and Conservation Plans: Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Municipal Water
			 Suppliers are encouraged to prepare water management and conservation plans,
			 but are not required to do so unless a plan is prescribed by a condition of a
			 water use permit; a permit extension; or another order or rule of the
			 Commission.
(2) Water management
			 and conservation plans submitted in order to comply with a permit extension
			 order issued after November 1, 2002, are subject to the requirements pursuant
			 to OAR 690-086-120 to 690-086-0170.
Statutory/Other Authority: ORS
				  536.027,
				  537.211  & 540.572
Statutes/Other Implemented: ORS
				  537.230,
				  537.630  & 539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0120 - Municipal Water Management and Conservation Plans: General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each Municipal
			 Water Supplier required to submit a water management and conservation plan
			 shall exercise diligence in implementing the approved plan and shall update and
			 resubmit a plan consistent with the requirements of OAR 690-086-0120  to
			 690-086-0170  as prescribed during plan approval.
(2) Benchmarks and implementation schedules
			 for conservation measures or other actions and other water supply development
			 activities may be modified through the subsequent approval of an updated plan.
(3) Progress reports submitted by
			 Municipal Water Suppliers will be used in determining whether five-year
			 Benchmarks are being met, whether the Department will authorize additional
			 diversion of water under Extended Permits, or if schedule changes proposed in
			 updated plans are reasonable and appropriate.
(4) Progress reports submitted by Municipal
			 Water Suppliers shall include:
(a) A list of
			 the Benchmarks established pursuant to OAR 690-086-0150  and a description of
			 the progress of the Municipal Water Supplier in implementing the associated
			 conservation measures or other actions;
(b) Average monthly and daily diversions
			 under each right held by the water supplier for the previous five years;
(c) A description of the results
			 of the annual Water Audit required under OAR 690-086-0150(4)(a); and
(d) A comparison of quantities of water used
			 in each sector as identified and described in OAR 690-086-0140(6)  with the
			 quantities of water used in each sector for the previous five years.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0125 - Municipal WMCP Elements

Current through Register Vol. 63, No. 7, July 1, 2024
A Municipal WMCP submitted by a Municipal Water Supplier shall
				include:
(1) A Municipal Water
			 Supplier description as described under OAR 690-086-0140;
(2) A municipal water conservation element as
			 described under OAR 690-086-0150;
(3) A municipal Water Curtailment Element as
			 described under OAR 690-086-0160;
(4) A municipal water supply element as
			 described under OAR 690-086-0170;
(5) A list of the Affected Local Governments
			 to whom the draft plan was made available pursuant to OAR 690-086-0120(8)  and a
			 copy of any comments on the plan provided by the local governments;
(6) A proposed date for submittal of an
			 updated plan within no more than 10 years after submittal of the plan based on
			 the proposed schedule for implementation of conservation measures or other
			 actions, any relevant schedules for other community planning activities, and
			 the rate of growth and other changes expected by the water supplier; or an
			 explanation of why submittal of an updated plan is unnecessary and should not
			 be required by the Department; and
(7) If the Municipal Water Supplier is
			 requesting additional time to implement Metering as required under OAR
			 690-086-0150(4)(b)  or a Benchmark established in a previously approved plan,
			 documentation showing additional time is necessary to avoid unreasonable and
			 excessive costs.
Statutory/Other Authority: ORS
				  536.027,
				  537.211  & 540.572
Statutes/Other Implemented: ORS
				  537.230,
				  537.630  & 539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0130 - Criteria for Approval of a Municipal WMCP

Current through Register Vol. 63, No. 7, July 1, 2024
In order to approve a Municipal WMCP under OAR 690-086-0915,
				the Department must find that:
(1) The
			 plan includes each of the required elements under OAR 690-086-0125;
(2) The projections of future water need in
			 the water management and conservation plan are reasonable and consistent with
			 available land use plans and the Municipal Water Supplier has demonstrated a
			 need for the quantity of water to be diverted during the next 20 years under
			 each permit held by the water supplier;
(3) For each of the water conservation
			 measures required under OAR 690-086-0150(4)  and, as applicable, OAR
			 690-086-0150(5), the plan includes a reasonable and appropriate schedule with
			 five year Benchmarks for implementation of conservation activities;
(4) If applicable, for each of the water
			 conservation measures required under OAR 690-086-0150(5), the plan includes:
(a) A reasonable and appropriate schedule
			 with five year Benchmarks for implementation of conservation activities;
			 or
(b) Documentation to demonstrate
			 that implementation of the measure is neither feasible nor appropriate to
			 ensure efficient use of water and the prevention of waste and the supplier has
			 used a suitable methodology in evaluating the measure;
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0140 - Municipal Water Supplier Description for a Municipal WMCP

Current through Register Vol. 63, No. 7, July 1, 2024
The water supplier description element of a Municipal WMCP
				shall include at least the following information:
(1) A description of the supplier's source(s)
			 of water including diversion, storage and regulation facilities, exchange
			 agreements, intergovernmental cooperation agreements, and water supply or
			 delivery contracts;
(2) A
			 delineation of the current service areas and an estimate of the population
			 served and a description of the methodology(ies) used to make the
			 estimate;
(3) An assessment of the
			 adequacy and reliability of the existing water supply considering potential
			 limitations on continued or expanded use under existing water rights resulting
			 from existing and potential future restrictions on the community's water
			 supply;
(4) A quantification of
			 the water delivered by the water supplier that identifies current and available
			 historic average annual water use, peak season of use, average day use, and
			 peak day use;
(5) A tabular list of
			 water rights held by the Municipal Water Supplier that includes the following
			 information:
(a) Application, permit,
			 transfer, and certificate numbers (as applicable);
(b) Priority date(s) for each
			 right;
(c) Source(s) of water for
			 each right;
(d) Type(s) of
			 beneficial uses specified in each right;
(e) Maximum instantaneous and annual quantity
			 of water allowed under each right;
(f) Maximum instantaneous and annual quantity
			 of water diverted under each right to date;
(g) Average monthly and daily diversions
			 under each right that is conveyed through the supplier's distribution system
			 for the previous year, and if available for the previous five years;
(h) Currently authorized date for completion
			 of development under each right; and
(i) Identification of any
			 streamflow-dependent species listed by a state or federal agency as sensitive,
			 threatened or endangered that are present in the source, any listing of the
			 source as water quality limited and the water quality parameters for which the
			 source was listed, and any designation of the source as being in a critical
			 ground water area.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0160 - Municipal Water Curtailment Element for a Municipal WMCP

Current through Register Vol. 63, No. 7, July 1, 2024
The Water Curtailment Element of a Municipal WMCP shall include
				at least the following:
(1) A
			 description of the type, frequency and magnitude of supply deficiencies within
			 the past 10 years and current capacity limitation. The description shall
			 include an assessment of the ability of the water supplier to maintain delivery
			 during long-term drought or other source shortages caused by a natural
			 disaster, source contamination, legal restrictions on water use, or other
			 circumstances;
(2) A list of three
			 or more stages of alert for potential shortage or water service difficulties.
			 The stages shall range from a potential or mild alert, increasing through a
			 serious situation to a critical emergency;
(3) A description of pre-determined levels of
			 severity of shortage or water service difficulties that will trigger the
			 curtailment actions under each stage of alert to provide the greatest assurance
			 of maintaining potable supplies for human consumption; and
(4) A list of specific standby water use
			 curtailment actions for each stage of alert ranging from notice to the public
			 of a potential alert, increasing through limiting nonessential water use, to
			 rationing or loss of service at the critical alert stage.
Statutory/Other Authority: ORS
				  536.027,
				  537.211  & 540.572
Statutes/Other Implemented: ORS
				  537.230,
				  537.630  & 539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0170 - Municipal Water Supply Element of a Municipal WMCP

Current through Register Vol. 63, No. 7, July 1, 2024
The water supply element of a Municipal WMCP shall include at
				least the following:
(1) A delineation
			 of the current and future service areas consistent with state land use law that
			 includes available data on population projections and anticipated development
			 consistent with relevant acknowledged comprehensive land use plans and urban
			 service agreements or other relevant growth projections;
(2) An estimated schedule that identifies
			 when the water supplier expects to fully exercise each of the water rights and
			 water use permits currently held by the supplier;
(3) Based on the information provided in
			 section (1) of this rule, an estimate of the water supplier's water demand
			 projections for 10 and 20 years, and at the option of the Municipal Water
			 Supplier, longer periods;
(4) A
			 comparison of the projected water needs and the sources of water currently
			 available to the Municipal Water Supplier and to any other suppliers to be
			 served considering the reliability of existing sources;
(5) If any expansion or initial diversion of
			 water allocated under existing permits is necessary to meet the needs shown in
			 section (3) of this rule, an analysis of alternative sources of water that
			 considers availability, reliability, feasibility and likely environmental
			 impacts. The analysis shall consider the extent to which the projected water
			 needs can be satisfied through:
(a)
			 Implementation of conservation measures identified under OAR
			 690-086-0150;
(b) Interconnection
			 with other municipal supply systems and cooperative regional water management;
			 and
(c) Any other conservation
			 measures that would provide water at a cost that is equal to or lower than the
			 cost of other identified sources.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0220 - Agricultural Water Supplier Water Management and Conservation Plans: General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Certain
			 agricultural water suppliers must have approved conservation plans to transfer
			 water rights within the boundaries of the districts to other land within the
			 districts (ORS
			 540.572 to
			 540.578).
			 These rules provide the standards for those conservation plans.
(2) Each agricultural water supplier required
			 to submit a water management and conservation plan shall exercise diligence in
			 implementing the approved plan and shall update and resubmit a plan consistent
			 with the requirements of OAR 690, division 86 as prescribed during plan
			 approval.
(3) Any agricultural
			 water supplier participating in the water transfer provisions in ORS
			 540.572 to
			 540.578 and OAR 690-385-5000  to 690-385-5900  shall submit an annual report describing
			 progress-to-date in implementing a water management and conservation
			 plan.
(4) Water management and
			 conservation plans submitted by agricultural water suppliers shall meet the
			 requirements listed in OAR 690-086-0225  to 690-086-0270.
(5) A water conservation plan prepared in
			 accordance with criteria of the Bureau of Reclamation and substantially meeting
			 the requirements of OAR 690-086-0225  to 690-086-0270  may be submitted to meet
			 the requirements of these rules.
(6) At least 30 days prior to submitting a
			 draft plan to the Department, an agricultural water supplier shall make the
			 draft plan available for review by each affected local government.
(7) Each agricultural water supplier
			 preparing a water management and conservation plan is encouraged to develop and
			 implement a program to involve the supplier's patrons in the preparation of the
			 plan. Recommendations include making the plan available for public inspection
			 and conducting public meetings to provide information and gather input on the
			 plan.
Statutory/Other Authority: ORS
				  536.027,
				  537.211  & 540.572
Statutes/Other Implemented: ORS
				  537.230,
				  537.630  & 539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0225 - Agricultural Water Supplier Plan Elements

Current through Register Vol. 63, No. 7, July 1, 2024
A water management and conservation plan submitted by an
				agricultural water supplier shall include:
(1) An agricultural water supplier
			 description as described under OAR 690-086-0240;
(2) An agricultural water conservation
			 element as described under OAR 690-086-0250;
(3) An agricultural water
			 allocation/curtailment element as described under OAR 690-086-0260;
(4) An agricultural water supply element as
			 required under OAR 690-086-0270;
(5) A list of the affected local governments
			 to whom the draft plan was made available pursuant to OAR 690-086-0220(6)  and a
			 copy of any comments on the plan provided by the local governments;
(6) A proposed date for submittal of an
			 updated plan based on the proposed schedule for implementation of conservation
			 measures, any relevant schedules for other community planning activities, and
			 the rate of growth of or other changes expected by the water supplier; or an
			 explanation of why submittal of an updated plan is unnecessary and should not
			 be required by the Department.
Stat. Auth.: ORS
				  536.027,
				  537.211 and
				  540.572
Stats. Implemented: ORS
				  537.230, ORS
				  537.630 & ORS
				  539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0240 - Agricultural Water System Description

Current through Register Vol. 63, No. 7, July 1, 2024
The description of the water system shall include at least the
				following information:
(1) General
			 location of water right acreage, numbers of the associated water right
			 certificates and permits and a description of relevant conditions of the water
			 rights including the seasons of use and the uses of any other permitted
			 withdrawals by the supplier;
(2)
			 Source(s) of water; storage and regulation facilities; and a summary of any
			 transfer, rotation, exchange or intergovernmental cooperation
			 agreements;
(3) A schematic of the
			 system showing storage and distribution facilities, drainage systems,
			 measurement stations, generalized district boundaries, points of diversion and
			 locations of major operational spills;
(4) Current water use, including peak and
			 average annual diversions and, when available, water reuse and return
			 flows;
(5) A summary of major
			 classifications of user accounts showing water right acreages, the number of
			 accounts of each classification, and the beneficial uses for which water is
			 provided (irrigation, frost protection, temperature control, agricultural use,
			 livestock, domestic, etc.);
(6)
			 Types of on-farm irrigation systems common within the supplier's
			 accounts;
(7) A general
			 characterization of crops commonly grown and the estimated average and peak
			 consumptive use of the crops; and
(8) A description of the operation and
			 maintenance program.
Stat. Auth.: ORS
				  536.027, ORS
				  537.211 & ORS
				  540.572
Stats. Implemented: ORS
				  537.230, ORS
				  537.630 & ORS
				  539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0250 - Agricultural Water Conservation Element

Current through Register Vol. 63, No. 7, July 1, 2024
The water conservation element shall include at least the
				following:
(1) A progress report on
			 the conservation measures scheduled for implementation in the water management
			 and conservation plan previously approved by the Department, if any;
(2) A description of the water supplier's
			 agricultural water measurement program and a statement that the program
			 complies with the measurement and reporting standards in OAR 690, division 85,
			 that a time extension or waiver has been granted, or that the standards are not
			 applicable;
(3) A description of
			 other conservation measures currently implemented by the water
			 supplier;
(4) Short- and long-term
			 goals of the water supplier to improve water management;
(5) An evaluation of the opportunities for
			 improving water use efficiency which includes:
(a) A description of losses of water from
			 canals, pipelines, and laterals, including any operational spills;
(b) An assessment of the extent to which
			 water deliveries are insufficient to meet crop needs;
(c) A list of alternative conservation
			 measures to reduce the losses of water identified in subsection (a) of this
			 section and address any insufficiencies of water deliveries identified in
			 subsection (b) of this section; and
(d) An assessment of existing and future
			 alternatives to finance conservation measures including an analysis of the
			 possibility of applying for the allocation of conserved water (ORS
			 537.455 to
			 537.500 and OAR 690-018-0010  to 690-018-0090).
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0260 - Agricultural Water Allocation/Curtailment Element

Current through Register Vol. 63, No. 7, July 1, 2024
The water allocation/curtailment element shall include at least
				the following:
(1) A description of
			 the frequency and magnitude of past supply deficiencies and current capacity
			 limitation(s). The description shall include an assessment of the ability of
			 the water supplier to maintain delivery during drought or other source
			 shortages.
(2) A description of the
			 water supply situation(s) that cause the water allocation/curtailment element
			 to be implemented, including identification of the supply situations which
			 trigger warnings to users or public notice of impending shortage;
(3) A description of the procedure used to
			 allocate water during water shortages.
Statutory/Other Authority: ORS
				  536.027,
				  537.211  & 540.572
Statutes/Other Implemented: ORS
				  537.230,
				  537.630  & 539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0270 - Agricultural Water Supply Element

Current through Register Vol. 63, No. 7, July 1, 2024
The long-range water supply element shall include at least the
				following:
(1) An estimate of the
			 water supplier's long-range water demand projections for 20 years;
(2) A comparison of the projected water needs
			 and the size and reliability of water rights permits or other current water
			 supply contracts held by the water supplier;
(3) A list of potential sources of water,
			 including conservation and reuse, to supply the long-range needs;
(4) A comparison among the potential sources
			 of additional water considering costs, availability, reliability, and likely
			 environmental impacts;
(5) An
			 evaluation of the effects of the following factors on long-range water needs:
(a) Regional options for meeting future water
			 needs;
(b) Urbanization and other
			 land-use trends;
(c) Provisions in
			 affected local governments' comprehensive plans relating to agricultural lands,
			 urbanization, water resources, water supply, public facilities and services,
			 and any other pertinent plan element or ordinance relating to uses or lands
			 served, or proposed to be served, under the long-term water supply
			 plan.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0300 - Alternate Municipal Water Management and Conservation Plans for Small Municipal Water Suppliers: Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Small Municipal Water Supplier may
			 submit an Alternate Municipal WMCP pursuant to OAR 690-086-0325  to 690-086-0370  in lieu of submitting a Municipal WMCP pursuant to OAR 690-086-0125  to
			 690-086-0170, if the Small Municipal Water Supplier has documented and
			 submitted findings that the following would not be necessary to meet current or
			 projected demand within the next 10 years:
(a)
			 Acquisition of a new water right (as described in OAR 690-086-0170(8));
			 or
(b) Expand or initiate diversion
			 of water allocated under an Extended Permit (as described in OAR
			 690-086-0170(5)).
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 86 - WATER MANAGEMENT AND CONSERVATION PLANS › Section 690-086-0320 - Alternate Municipal WMCP for Small Municipal Water Suppliers: General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 Small Municipal Water Supplier that submits an Alternate Municipal WMCP shall
			 exercise diligence in implementing the approved plan and shall update and
			 resubmit a plan consistent with the requirements of these rules as prescribed
			 during plan approval.
(2)
			 Benchmarks and implementation schedules for conservation measures or other
			 actions and other water supply development activities may be modified through
			 the subsequent approval of an updated plan.
(3) Progress reports submitted by Small
			 Municipal Water Suppliers will be used in determining whether five-year
			 Benchmarks are being met and/or if schedule changes proposed in updated plans
			 are reasonable and appropriate.
(4)
			 Progress reports submitted by Small Municipal Water Suppliers shall include:
(a) A list of the Benchmarks established
			 under OAR 690-086-0350  and a description of the progress of the Small Municipal
			 Water Supplier in implementing the associated conservation measures or other
			 actions;
(b) Average monthly
			 diversions and average daily diversions under each right held by the Small
			 Municipal Water Supplier for the previous five years; and
(c) A description of the results of the
			 annual Water Audit required under OAR 690-086-0350(4)(a).