Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 505 - DESCHUTES BASIN PROGRAM › Section 690-505-0500 - Ground Water Appropriations within the Deschutes Ground Water Study Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except for a
			 cumulative total of 200 cubic feet per second (cfs) maximum rate for final
			 orders approving ground water permit applications issued after the effective
			 date of these rules, ground water in the Deschutes Ground Water Study Area is
			 closed to further appropriation.
(2) Prior to January 1, 2008, or upon
			 reaching 150 cfs of the 200 cfs in section (1), whichever comes first, and on
			 subsequent five year intervals, the Commission shall evaluate the Deschutes
			 Basin Ground Water Mitigation Rules and associated mitigation to determine
			 whether the restriction in section (1) shall be lifted or otherwise modified
			 through subsequent public rulemaking. The Commission shall specifically
			 evaluate the effectiveness of mitigation projects and mitigation credits that
			 involve time-limited instream transfers, instream leases and allocations of
			 conserved water from canal lining and piping projects. The Commission shall
			 also evaluate the general zones of impact identified by the
			 Department.
(3) The Department
			 shall, in cooperation with the Oregon Department of Fish and Wildlife, Oregon
			 State Parks and Recreation Department, Oregon Department of Environmental
			 Quality and Division of State Lands, annually evaluate and report on the
			 implementation of these rules. The annual evaluation and report shall include
			 information on new ground water appropriations, streamflow monitoring, and
			 mitigation activity in order to determine whether scenic waterway flows and
			 instream water right flows in the Deschutes Basin continue to be met on at
			 least an equivalent or more frequent basis as compared to long-term,
			 representative base period flows established by the Department.
(4) The restriction in section (1) shall not
			 be lifted unless the Commission determines that scenic waterway flows and
			 instream water right flows in the Deschutes Basin continue to be met on at
			 least an equivalent or more frequent basis as compared to long-term,
			 representative base period flows established by the Department.
(5) If the Commission's evaluation under
			 section (2) indicates that, due to new ground water appropriations, scenic
			 waterway flows and instream water right flows in the Deschutes Basin are met
			 less frequently as compared to long-term, representative base period flows, the
			 Commission shall initiate proceedings to designate all or portions of the
			 Deschutes Ground Water Study Area a critical ground water area(s) under ORS
			 537.730, immediately close
			 certain areas of the Deschutes Basin to further ground water appropriations, or
			 take other administrative action(s) to ensure scenic waterway flows and
			 instream water right flows in the Deschutes Basin continue to be met on at
			 least an equivalent or more frequent basis as compared to long-term,
			 representative base period flows.
Stat. Auth.: ORS
				  536.027 & ORS
				  390.835
Stats. Implemented: ORS
				  390.835, Ch. 659 2001 OL HB
				  2184