reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0180 - Conduct of Contested Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Within 45 days after the Director schedules a contested case hearing under OAR
			 690-310-0170, the Department shall hold the contested case hearing, which shall
			 be conducted in accordance with the provisions of OAR chapter 690, division 2.
			 The issues to be considered in the contested case hearing shall be limited to
			 issues identified by the hearings officer.
(2) The parties to any contested case hearing
			 initiated under this section shall be limited to:
(a) The applicant;
(b) Any person who timely filed a protest;
			 and
(c) Any person who timely filed
			 a request for standing under OAR 690-310-0160, pays the fee required under ORS
			 536.050 for participating in the
			 contested case hearing and requests to intervene in the contested case hearing
			 prior to the start of the proceeding.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0190 - Final Order for Proposed Use of Surface Water

Current through Register Vol. 63, No. 7, July 1, 2024
If, after the contested case hearing or, if a hearing is not
				held, after the close of the period allowed to file a protest, the Director
				determines that the proposed use of surface water does not comply with the
				standards set forth in ORS
				543.017 or rules adopted by the
				Water Resources Commission under ORS
				543.017 or would otherwise
				impair or be detrimental to the public interest, the Director shall issue a
				final order rejecting the application or modifying the proposed final order to
				conform to the public interest. If, after the contested case hearing or, if a
				hearing is not held, after the close of the period allowed to file a protest,
				the Director determines that the proposed use of surface water would not impair
				or be detrimental to the public interest, the Director shall issue a final
				order approving the application or otherwise modifying the proposed final
				order. A final order may set forth any of the provisions or restrictions to be
				included in the permit concerning the use, control and management of the water
				to be appropriated for the project, including, but not limited to, a
				specification of reservoir operation and minimum releases to protect the public
				interest.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: ORS
				  537.170
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0200 - Final Order for Proposed Use of Ground Water

Current through Register Vol. 63, No. 7, July 1, 2024
If, after the contested case hearing or, if a hearing is not
				held, after the close of the period allowed to file a protest, the Director
				determines that the proposed use of ground water does not ensure the
				preservation of the public welfare, safety and health as described in ORS
				537.525, the Director shall
				issue a final order rejecting the application or modifying the proposed final
				order as necessary to ensure the preservation of the public welfare, safety and
				health as described in ORS
				537.525. If, after the contested
				case hearing or, if a hearing is not held, after the close of the period
				allowed to file a protest, the Director determines that the proposed use would
				ensure the preservation of the public welfare, safety and health as described
				in ORS 537.525, the Director shall
				issue a final order approving the application or otherwise modifying the
				proposed final order. A final order may set forth any of the provisions or
				restrictions to be included in the permit concerning the use, control and
				management of the water to be appropriated for the project.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: ORS
				  537.625
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0210 - Contested Case Hearing on Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
If a contested case hearing is not held prior to the issuance
				of the final order:
(1) Where the
			 final order modifies the proposed final order, the applicant may request and
			 the Department shall schedule a contested case hearing as provided under OAR
			 690-310-0170  by submitting the information required for a protest under OAR
			 690-310-0160  within 14 days after the Director issues the final order. The
			 issues on which a contested case hearing may be requested and conducted under
			 this paragraph shall be limited to issues based on the modifications to the
			 proposed final order.
(2) Only the
			 applicant or a protestant may appeal the provisions of the final order in the
			 manner established in ORS
			 183.310 to
			 183.550 for appeal of order
			 other than contested cases.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: ORS
				  537.170 & ORS
				  537.625
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0220 - Final Determination of Whether Proposed Use of Surface Water Would Impair or Be Detrimental to Public Interest or Whether Proposed Use of Ground Water Would Preserve the Public Welfare, Safety and Health

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the presumption of public interest
			 under OAR 690-310-0110  or 690-310-0130  is overcome, then before issuing a final
			 order, the Director or the Commission, if applicable, shall make the final
			 determination of whether the proposed use or the proposed use as modified in
			 the proposed final order would impair or be detrimental to the public interest
			 by considering the factors set forth in ORS
			 537.170(8) or,
			 if the application is for the use of ground water, whether the proposed use or
			 the proposed use as modified in the proposed final order would preserve the
			 public welfare, safety and health as described in ORS
			 537.525 by considering the
			 factors set forth in ORS 537.
(2)
			 In developing the final order, the Director shall consider all comments and
			 protests received and all findings of the Department, but the final order need
			 not separately address each comment and protest received.
(3) Upon issuing a final order, the Director
			 shall notify the applicant and each person who submitted written comments or
			 protests or otherwise requested notice of the final order and send a copy of
			 the final order to any person who requested a copy and paid the fee required
			 under ORS 536.050. Within seven days after
			 issuing the final order, the Department also shall publish notice of the final
			 order by publication in the weekly notice published by the
			 Department.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: ORS
				  537.170 &
				  537.625
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0230 - Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
Any party may file exceptions to the hearings referee's
				proposed order in the manner provided in OAR 690-002-0175.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: ORS
				  537.173 & ORS
				  537.626
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0240 - Approval, Condition or Rejection of Permit Application Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an
			 application discloses the probability of wasteful use or undue interference
			 with existing wells or that any proposed use or well will impair or
			 substantially interfere with existing rights to appropriate surface water by
			 others, or that any proposed use or well will impair or substantially interfere
			 with existing rights to appropriate ground water for the beneficial use of the
			 water less than 250 degrees Fahrenheit for its thermal charac-teristics, the
			 Department may impose conditions or limitations in the permit to prevent the
			 same or reject the application after hearing, or, in the Department's
			 discretion, request the Water Resources Commission to initiate a rulemaking
			 proceeding to declare the affected area a critical ground water area under ORS
			 537.730 to
			 537.740.
(2)
(a)
			 When an application discloses the probability that a proposed use or well will
			 impair or interfere with the ability to extract heat from a well with a bottom
			 hole temperature of at least 250 degrees Fahrenheit, the Department may:
(A) Approve the permit;
(B) Impose conditions or limitations in the
			 permit to prevent the probable interference or impairment;
(C) After a hearing under ORS
			 537.622, reject the application;
			 or
(D) Request the Commission to
			 initiate a rulemaking proceeding to declare the affected area a critical ground
			 water area under ORS 537.730 to
			 537.740.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0250 - Permit Conditions Related to Well Construction and Maintenance

Current through Register Vol. 63, No. 7, July 1, 2024
All permits for use of water from wells shall provide that the
				well shall be constructed in accordance with the Water Resources Department's
				General Standards for the Construction and Maintenance of Wells in Oregon. All
				permits shall further provide that the well may be controlled or shut off if a
				determination is made, in accordance with OAR 690-009, that it caused
				substantial interference with a surface water source.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: ORS
				  537.628, ORS
				  537.629 & ORS
				  537.780
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0260 - Water Rights Within or Above State Scenic Waterways

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to the provisions of ORS
			 390.835, and these rules the
			 Director is authorized to:
(a) Issue water
			 rights within or above the designated reach of a scenic waterway provided the
			 free-flowing character of the waterway is maintained in quantities necessary
			 for recreation, fish and wildlife uses;
(b) Issue water rights for limited human
			 consumption and livestock consumption uses within or above a designated reach
			 of a scenic waterway when flows are less than quantities necessary for
			 recreation, fish and wildlife.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0270 - Timelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (2) of this rule, the Department shall issue a final order
			 or schedule a contested case hearing on an application for a water right within
			 180 days after the Department proceeds with the application under OAR
			 690-310-0080(2).
(2) At the request
			 of the applicant, the Department may extend the 180-day period set forth in
			 section (1) of this rule for a reasonable period of time. The extension shall
			 not exceed 180 days except upon a finding by the Director that a longer
			 extension is reasonable and necessary.
(3) If a contested case hearing is held, the
			 Department shall issue a final order:
(a)
			 Within 270 days after scheduling the hearing for a contested case proceeding
			 that involves three or more parties not including the Department; and
(b) Within 180 days after scheduling the
			 hearing for all other contested case proceedings.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0275 - Applicability of Mandatory Timelines

Current through Register Vol. 63, No. 7, July 1, 2024
The mandatory timelines set forth in Division 310 for
				processing applications shall not apply to applications filed before October
				31, 1996.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: Section 46, Ch. 416, Oregon Laws
				  1995
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 310 - WATER RIGHT APPLICATION PROCESSING › Section 690-310-0280 - Assignment of Application

Current through Register Vol. 63, No. 7, July 1, 2024
Assignment or change of ownership of application:
(1) When a change of interest or ownership
			 occurs in lands covered by a pending application the record holder may request,
			 in writing, the Director to record the assignment to the new owner;
(2) Should the record holder of the
			 application be unavailable, the current owner of the property involved may
			 furnish proof of such ownership to the Commission to obtain ownership of the
			 application. The Department shall also record a change in ownership to an heir
			 or devisee under a will upon receiving proof of death of the record holder, or
			 to a trustee upon receiving proof of a transfer to trust by the record holder.
			 Proof of ownership of the involved lands shall include, but not be limited to
			 one or more of the following documents:
(a) A
			 copy of the deed to the land;
(b) A
			 copy of a land sales contract;
(c)
			 A court order or decree; or
(d)
			 Documentation of survivorship of property held jointly.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 315 - WATER RIGHT PERMIT EXTENSIONS › Section 690-315-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 690-315-0010  through 690-315-0100  establish the procedures and standards by
			 which the Department shall evaluate applications for extensions of time for
			 water right permit holders to:
(a) Begin
			 actual construction pursuant to ORS
			 537.248 or as otherwise
			 authorized by law; or
(b) Complete
			 construction or completely apply water to the full beneficial use pursuant to
			 ORS 537.230 and
			 537.630.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 315 - WATER RIGHT PERMIT EXTENSIONS › Section 690-315-0030 - Application for Extension of Time to Begin Construction on Storage Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Counties,
			 municipalities or districts constructing new storage projects pursuant to ORS
			 537.248 may apply for extensions
			 of time to begin construction.
(2)
			 To apply for an extension of time under this rule, a water right permit holder
			 shall submit to the Department a completed application for extension of time. A
			 separate application must be completed for each permit. Application forms are
			 available from the Department.
(3)
			 The completed application to begin construction must include the fee specified
			 in ORS 536.050 and an application form
			 setting forth:
(a) The name and mailing
			 address of the water right permit holder(s);
(b) The permit number for which an extension
			 is requested;
(c) A summary of any
			 unforeseen events which delayed the beginning of construction;
(d) The date by which the water development
			 will be completed and water applied to the full beneficial use;
(e) A justification of why the requested time
			 is needed to begin construction and fully apply water to beneficial
			 use;
(f) Any additional information
			 the applicant determines is relevant to evaluate the application in accordance
			 with applicable statutory requirements and these rules; and
(g) Any other information required in the
			 application form that is necessary to evaluate the application in accordance
			 with applicable statutory requirements.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 315 - WATER RIGHT PERMIT EXTENSIONS › Section 690-315-0040 - Criteria for Department Review of Extension Applications for Other Than Municipal and Quasi-Municipal Water Use Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to approve an application for an
			 extension of time to complete construction and/or apply water to full
			 beneficial use pursuant to ORS
			 537.230 or
			 537.630, or to begin
			 construction, pursuant to ORS
			 537.248, the Department shall
			 find:
(a) The applicant has submitted a
			 completed application, including the fee specified in ORS
			 536.050. The Department shall
			 return any incomplete or deficient applications to the applicant, and shall
			 specify the deficiency;
(b) For
			 applications filed pursuant to OAR 690-315-0020, the applicant began
			 construction on the project within the time period required by applicable
			 statute;
(c) The applicant can
			 complete the project within the time period requested for the extension;
			 and
(d) There is good cause to
			 approve the extension.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 315 - WATER RIGHT PERMIT EXTENSIONS › Section 690-315-0050 - Department Action on Extension Applications

Current through Register Vol. 63, No. 7, July 1, 2024
If the Department finds an applicant has submitted a completed
				application as required in 690-315-0020  or 690-315-0030, the Department shall
				process the application as established in this rule.
(1) The Department shall publish notice of
			 the extension application in its weekly public notice prior to issuance of a
			 proposed final order on the extension request. The notice shall include a
			 request for comments on the application, the date by which comments must be
			 received by the Department and information about how an interested person may
			 review or obtain a copy of the application. The comment period shall be at
			 least 30 days. The notice shall also include the following information about
			 the permit and the extension application:
(a)
			 Applicant name and address;
(b)
			 Amount of water use permitted in gallons per minute (gpm), cubic feet per
			 second (cfs) or acre feet (af) of storage;
(c) Common name of water source(s) listed in
			 the permit;
(d) Permit
			 number;
(e) Use allowed in the
			 permit;
(f) Proposed extended date
			 of completion; and
(g) A statement
			 that copy fees are required to receive a proposed final order.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 315 - WATER RIGHT PERMIT EXTENSIONS › Section 690-315-0060 - Proposed Final Order Hearing Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The applicant or any other person
			 adversely affected or aggrieved by the proposed final order described in OAR
			 690-315-0050(2)  may submit a written protest to the proposed final order. The
			 written protest must be filed within 45 days from the date of publication of
			 the proposed final order in the Department's weekly notice.
(2) A written protest shall include:
(a) The name, address and telephone number of
			 the petitioner;
(b) A description
			 of the petitioner's interest in the proposed final order and if the protestant
			 claims to represent the public interest, a precise statement of the public
			 interest represented;
(c) A
			 detailed description of how the action proposed in the proposed final order
			 would adversely affect or aggrieve the petitioner's interest;
(d) A detailed description of how the
			 proposed final order is in error or deficient and how to correct the alleged
			 error or deficiency;
(e) Any
			 citation of legal authority supporting the petitioner, if known;
(f) Proof of service of the protest upon the
			 water right permit holder, if petitioner is other than the water right permit
			 holder; and
(g) The protest fee
			 required under ORS 536.050, if petitioner is other
			 than the water right permit holder.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 315 - WATER RIGHT PERMIT EXTENSIONS › Section 690-315-0080 - Criteria for Department Review of Extension Applications for Municipal and Quasi-Municipal Water Use Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to approve an application for an
			 extension of time for municipal and quasi-municipal water use permits holders
			 to complete construction and/or apply water to full beneficial use pursuant to
			 ORS 537.230 or
			 537.630, the Department shall
			 find:
(a) The application is complete,
			 including the fee specified in ORS
			 536.050. The Department shall
			 return any incomplete or deficient applications to the applicant, and shall
			 specify the deficiency;
(b) The
			 applicant began actual construction on the project, as defined in
			 690-315-0020(3)(d), within the time period, if any, required under the
			 applicable statute;
(c) The time
			 requested to complete construction or apply water to full beneficial use is
			 reasonable;
(d) The applicant can
			 complete the project within the time period requested for the extension; and,
			 if the request is for more than 50 years that the estimated demand projection
			 is consistent with the amount and types of lands and uses proposed to be served
			 by the permit holder;
(e) There is
			 good cause to approve the extension; and
(f) For the first extension issued after June
			 29, 2005 for municipal water use permits issued before November 2, 1998:
(A) There are agreements regarding use of the
			 undeveloped portion of the permit between the permit holder and a federal or
			 state agency that include conditions or required actions that maintain the
			 persistence of listed fish species in the portions of waterways affected by
			 water use under the permit; or
(B)
			 It is determined that use of the undeveloped portion of the permit will
			 maintain the persistence of listed fish species in the portions of waterways
			 affected by water use under the permit; or
(C) If it is determined that use of the
			 undeveloped portion of the permit would not maintain the persistence of listed
			 fish species in the portions of the waterways affected by water use under the
			 permit, the undeveloped portion of the permit is conditioned to maintain the
			 persistence of listed fish species in the portions of the waterways affected by
			 water use under the permit.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 315 - WATER RIGHT PERMIT EXTENSIONS › Section 690-315-0090 - Time of Extensions and Additional Development of Municipal and Quasi-Municipal Water Use Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Extensions may be granted for the reasonable time necessary to complete water
			 development or apply all the water to beneficial use.
(2) A holder of a municipal or
			 quasi-municipal water use permit is not precluded from seeking additional
			 extensions of time as provided in OAR 690-315-0070  through
			 690-315-0100.
(3) Except as
			 provided in subsection (4) and (5), any water right permit extended under OAR
			 690-315-0070  to 690-315-0100  shall be conditioned to provide that diversion of
			 water beyond the maximum rate, or duty if applicable, diverted for beneficial
			 use before the extension shall only be authorized upon issuance of a final
			 order approving a Water Management and Conservation Plan. The required Water
			 Management and Conservation Plan shall be submitted within 3 years of an
			 approved extension application.
(4)
			 Quasi-municipal water use permit holders that serve a population of less than
			 1000 are not subject to subsection (3) of this rule unless on review of the
			 criteria under 690-315-0080(1) and (2)  the Department determines that
			 compliance with subsection (3) of this rule is necessary.
(5) Quasi-municipal water use permit holders
			 that can reasonably demonstrate that fewer than 5 years is necessary to
			 complete construction and apply the water to beneficial use are not subject to
			 subsection (3) of this rule unless on review of the criteria under
			 690-315-0080(1) and (2)  the Department determines that compliance with
			 subsection (3) of this rule is necessary. Additional extensions that, together
			 with the initial extension, exceed a cumulative total of 5 years will be
			 subject to the requirements of subsection (3) above.
Stat. Auth.: ORS
				  536.025 &
				  536.027
Stats. Implemented: ORS
				  537.230,
				  537.248,
				  537.630 &
				  539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 315 - WATER RIGHT PERMIT EXTENSIONS › Section 690-315-0100 - Department Action on Extension Applications by Holders of Municipal Water Supply Permits

Current through Register Vol. 63, No. 7, July 1, 2024
If the Department finds an applicant has submitted a completed
				application as required under 690-315-0070, the Department shall process the
				application as established under 690-315-0050(1) through (5)  and
				690-315-0060.
Stat. Auth.: ORS
				  536.025 & ORS
				  536.027
Stats. Implemented: ORS
				  537.230, ORS
				  537.248, ORS
				  537.630 & ORS
				  539.010
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 320 - WATER RIGHT PERMIT › Section 690-320-0010 - Extension of Time Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Effective until July 1, 2001, this rule establishes the procedures and
			 standards by which the Department shall evaluate applications for extensions of
			 time for water right permit holders to:
(a)
			 Begin actual construction pursuant to ORS
			 537.248 or as otherwise
			 authorized by law; or
(b) Complete
			 construction or completely apply water to the full beneficial use pursuant to
			 ORS 537.230 and
			 537.630.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 320 - WATER RIGHT PERMIT › Section 690-320-0020 - Cancellation of Permit

Current through Register Vol. 63, No. 7, July 1, 2024
When it appears from an onsite examination by the Water
				Resources Department that no appropriation has been made under the terms of the
				permit, or that use once made has undergone a period of five successive years
				of nonuse, a certified letter of intent to cancel the permit shall be sent to
				the permittee, allowing 60 days from the date of the letter for response.
				Failure to respond during the 60-day period shall result in cancellation of the
				permit.
Stat. Auth.: ORS
				  536.025 & ORS
				  536.027
Stats. Implemented: ORS
				  536.220, ORS
				  536.300, ORS
				  536.310, ORS
				  537.260, ORS
				  537.410 to ORS
				  537.450, ORS 540 and ORS 543
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 320 - WATER RIGHT PERMIT › Section 690-320-0030 - Claims of Beneficial Use for Applications Filed After June 30, 1987

Current through Register Vol. 63, No. 7, July 1, 2024
Except for applications filed under the provisions of OAR
				690-340-0220, all final proof surveys and claims of beneficial use for
				applications filed after July 9, 1987 shall be performed by Certified Water
				Right Examiners. Applicants prior to July 10, 1987 may either wait for the
				Department to perform the final proof survey on its own schedule or may hire a
				certified Water Right Examiner.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: ORS
				  537.797, ORS
				  537.798 & ORS
				  537.799
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 320 - WATER RIGHT PERMIT › Section 690-320-0040 - Incremental Perfection of a Municipal Water Right

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A municipal supplier may incrementally
			 perfect a portion of the quantity of water authorized by any of its municipal
			 water use permits. For the purpose of incrementally perfecting water rights, a
			 municipal supplier means:
(a) Any
			 incorporated city, village, or town;
(b) A port formed under ORS
			 777.005 to
			 777.725 and ORS
			 777.915 to
			 777.953;
(c) A domestic water supply district formed
			 under ORS Chapter 264; or
(d) A
			 water supply authority formed under ORS Chapter 450.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 320 - WATER RIGHT PERMIT › Section 690-320-0050 - Temperature Control

Current through Register Vol. 63, No. 7, July 1, 2024
Where a permit has been issued for use of water for temperature
				control (either heat or cold), a report detailing the amount of water used, the
				times of application and conditions requiring the use of water for temperature
				control shall be required annually. These shall be required as an element of
				proof of appropriation to the satisfaction of the Department prior to issuance
				of a confirming water right certificate.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: ORS
				  537.170, ORS
				  537.250, ORS
				  537.525 & ORS
				  537.630
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 320 - WATER RIGHT PERMIT › Section 690-320-0060 - Assignment or Change of Ownership of a Permit or Groundwater Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a change
			 of interest or ownership occurs in lands covered by a permit or groundwater
			 registration, the record holder may request, in writing, the Director to record
			 the assignment of a new owner.
(2)
			 Should the record holder of the permit or groundwater registration be
			 unavailable, the current owner of the property involved may furnish proof of
			 such ownership to the Commission to obtain ownership of the permit or
			 registration. The Department shall also record a change in ownership to an heir
			 or devisee under a will upon receiving proof of a transfer to trust by the
			 record holder. Proof of ownership of the involved lands shall include, but not
			 be limited to one or more of the following documents:
(a) A copy of the deed to the land;
(b) A copy of a land sales
			 contract;
(c) A court order or
			 decree; or
(d) Documentation of
			 survivorship of property held jointly.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 320 - WATER RIGHT PERMIT › Section 690-320-0070 - Primary and Supplemental Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cancellation of primary rights:
(a) A notice given pursuant to ORS
			 540.631 for the proposed
			 cancellation of a primary water right for irrigation of certain lands shall
			 include notice of the proposed cancellation of any supplemental water right for
			 irrigation of the same lands;
(b)
			 If the primary right is determined to have been forfeited by non-use and the
			 supplemental right is not determined also to have been forfeited by non-use,
			 the owner of the land to which the right is appurtenant may apply to transfer
			 the supplemental right, without loss of priority, to become the primary
			 right.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 330 - WATER RIGHT CERTIFICATES › Section 690-330-0010 - Proof of Appropriation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 537.250(1) and
			 537.630(3)
			 prescribe that the Director shall issue a certificate of water right upon
			 satisfactory proof of appropriation. Satisfactory proof shall be following:
(a) A determination by the Department that
			 appropriation of water to beneficial use under the terms of the permit has been
			 accomplished to the extent authorized;
(b) A determination by the Department that
			 appropriation of water to a beneficial use under the terms of the permit was
			 accomplished to an extent less than authorized shall constitute proof for that
			 portion of the appropriation.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 330 - WATER RIGHT CERTIFICATES › Section 690-330-0020 - Request for Reconsideration of the Contents of a Proposed Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request for
			 reconsideration of the contents of a proposed certificate may be prepared by
			 the permittee or landowner and submitted to the Department. The requests shall
			 describe any disagreement with the contents of the proposed
			 certificate.
(2) The request for
			 reconsideration may be in the form of a phone call or personal contact, unless
			 the disagreement proposes a change to any of the following:
(a) The source of water;
(b) The purpose for which the water is
			 used;
(c) The quantity of
			 water;
(d) The location of the
			 points of diversion;
(e) The
			 location of the use;
(f) The extent
			 of the use; and
(g) Any conditions
			 imposed upon the use.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 330 - WATER RIGHT CERTIFICATES › Section 690-330-0030 - Temperature Control

Current through Register Vol. 63, No. 7, July 1, 2024
Where a permit has been issued for use of water for temperature
				control (either heat or cold), a report detailing the amount of water used, the
				times of application and conditions requiring the use of water for temperature
				control shall be required annually. These shall be required as an element of
				proof of appropriation to the satisfaction of the Department prior to issuance
				of a confirming water right certificate.
Stat. Auth.: ORS
				  536.027
Stats. Implemented: ORS
				  537.170, ORS
				  537.250, ORS
				  537.525 & ORS
				  537.630
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 330 - WATER RIGHT CERTIFICATES › Section 690-330-0040 - Primary and Supplemental Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cancellation of primary rights:
(a) A notice given pursuant to ORS
			 540.631 for the proposed
			 cancellation of a primary water right for irrigation of certain lands shall
			 include notice of the proposed cancellation of any supplemental water right for
			 irrigation of the same lands;
(b)
			 If the primary right is determined to have been forfeited by non-use and the
			 supplemental right is not determined also to have been forfeited by non-use,
			 the owner of the land to which the right is appurtenant may apply to transfer
			 the supplemental right, without loss of priority, to become the primary
			 right.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 340 - WATER USE AUTHORIZATIONS › Section 690-340-0010 - Exempt Uses

Current through Register Vol. 63, No. 7, July 1, 2024
The uses of water listed below do not require a water right
				permit under ORS 537.211 or a water right
				certificate under ORS
				537.250:
(1) The statutory exemptions from permit
			 requirements for use of groundwater include watering any lawn or noncommercial
			 garden not exceeding 1/2 acre in area. Not more than 1/2 acre of lawn and
			 noncommercial garden in total area may be irrigated through a group delivery
			 system under such exemption. The statutory exemptions from permit and
			 certificate requirements for use of groundwater include:
(a) Stockwater use;
(b) Lawn or non-commercial garden watering of
			 not more than 1/2 acre in total can be irrigated from any groundwater source
			 under the exemptions listed in ORS
			 537.545(1)(b);
(c) Single or group domestic water uses of no
			 more than 15,000 gallons per day;
(d) Industrial or commercial water uses not
			 exceeding 5,000 gallons per day based on peak daily use. A commercial or
			 industrial operation shall be allowed only one well system and exemption under
			 ORS 537.545(1)(f)
			 on each ownership or tax lot, whichever is larger.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 340 - WATER USE AUTHORIZATIONS › Section 690-340-0020 - Ponds in Existence Prior to January 1, 1993 (HB 2153, 1993)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A landowner
			 with an unpermitted reservoir constructed before January 1, 1993 may apply for
			 a water right permit and continue the use of water while a decision is pending
			 on the application. The water right application, if approved in accordance with
			 OAR 690-011-0155 through 690-011-0185 (dated 4-13-94), will receive a priority
			 date of January 1, 1993. In order to qualify for these benefits, an application
			 must be filed on or before January 1, 1995. In addition to the information and
			 fees required under OAR 690-011-0020 and 690-011-0040 (dated 4-13-94), an
			 application shall also be accompanied by evidence that the reservoir existed
			 before January 1, 1993. Such evidence may include:
(a) A dated aerial photograph which shows the
			 immediate area above, below and surrounding the reservoir;
(b) An affidavit signed by the landowner or
			 other knowledgeable person;
(c) A
			 dated map prepared by a local, state or federal agency showing the location of
			 the reservoir; or
(d) Construction
			 receipts or other forms of documentation.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 340 - WATER USE AUTHORIZATIONS › Section 690-340-0030 - Limited License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request
			 for a limited license shall be submitted on a form provided by the Water
			 Resources Department, and shall be accompanied by the following:
(a) The fee for examination and recording:
(A) $1,000 for a limited license filing
			 requesting the use of water for Aquifer Storage and Recovery testing
			 purposes.
(B) $500 for renewal of a
			 limited license for Aquifer Storage and Recovery testing purposes.
(C) $500 for modification of a limited
			 license for Aquifer Storage and Recovery testing purposes.
(D) $1,000 for a limited license filing
			 requesting the use of water for Artificial Groundwater Recharge
			 purposes.
(E) For all other limited
			 license filings, $250 for the first point of diversion plus $25 for each
			 additional point of diversion; and
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 340 - WATER USE AUTHORIZATIONS › Section 690-340-0040 - Registration of Water Use for Road Maintenance and Construction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request by a
			 public agency to register water use for road and highway maintenance,
			 construction and reconstruction shall be submitted on a form provided by the
			 Water Resources Department and shall include at least the following:
(a) The name and authorized agent of the
			 public agency;
(b) The address and
			 telephone number of the agency's authorized agent;
(c) If the source of water to be used for the
			 agency's road maintenance or construction program:
(A) Is groundwater, attach copy of well log
			 or description of the well;
(B) Is
			 surface water, identify the name of the source and the stream, or river the
			 source is tributary to.
(d) The maximum amount of water to be used
			 during the calendar year in gallons or acre-feet;
(e) The maximum amount of water to be used
			 during any 24-hour period in gallons or acre-feet;
(f) A map indicating the location(s) of the
			 point(s) of diversion of water to be used for road maintenance or construction
			 (the map shall be of sufficient scale to establish the location(s) of the
			 point(s) of diversion to the nearest quarter section, township and
			 range);
(g) A fee in the amount of
			 $300 (more than one point of diversion may be identified per registration);
			 and
(h) If water is obtained from a
			 well, conveyance or storage facility that has a perfected or certificated water
			 right:
(A) Provide the permit or certificate
			 number or the court decree identification of the right; and
(B) Written authorization from the owner of
			 the right that allows use of water from the well, conveyance or storage
			 facility.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 340 - WATER USE AUTHORIZATIONS › Section 690-340-0060 - Expedited Review Process for Applications to Use Stored Water Exclusively

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In lieu of the
			 application process described in OAR 690-310-0040, 690-310-0050, and
			 690-310-0070  through 690-310-0275, a person may apply for a permit to use
			 stored surface water exclusively, to be evaluated through an expedited process.
			 This process may not be used to apply for a permit to use water stored through
			 an aquifer storage and recovery or artificial ground water recharge project
			 under OAR chapter 690, division 350.
(2) In addition to the information,
			 materials, and fees required by OAR 690-310-0040, a person applying under
			 section (1) of this rule shall submit:
(a) A
			 copy of the permit, certificate, or decree as evidence that the proposed use of
			 the stored water is one of the authorized uses under the permit, certificate or
			 decree that allows the storage of water; or
(b) If the storage is authorized under a
			 permit or certificate, the permit or certificate number sufficient to allow the
			 Department to determine that the proposed use of the stored water is one of the
			 authorized uses under the permit or certificate that allows the storage of
			 water; or
(c) If the storage is
			 authorized under a decree, the name of the decree, the volume number, and the
			 page number(s) of the decree sufficient to allow the Department to determine
			 that the proposed use of the stored water is one of the authorized uses under
			 the decree that allows the storage of water.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 350 - AQUIFER STORAGE AND RECOVERY (ASR) AND ARTIFICIAL GROUNDWATER RECHARGE › Section 690-350-0010 - ASR General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions. The following definitions apply to aquifer storage and recovery in
			 OAR Chapter 690, Division 350, Rules 0010 to 0030:
(a) "Aquifer Storage and Recovery" (ASR)
			 means the storage of water from a separate source that meets drinking water
			 standards in a suitable aquifer for later recovery and not having as one of its
			 primary purposes the restoration of the aquifer (ORS
			 537.531). (Applications to
			 obtain limited licenses or permits for ASR uses submitted pursuant to OAR
			 690-350-0010  to 690-350-0030  are not subject to provisions governing artificial
			 groundwater recharge projects or programs pursuant to OAR 690-350-0110  to
			 690-350-0130.)
(b) "Commission"
			 means the Water Resources Commission.
(c) "Department" means the Water Resources
			 Department.
(d) "DEQ" means the
			 Department of Environmental Quality.
(e) "Director" means the Water Resources
			 Director.
(f) "HD" means the Oregon
			 Health Division.
(g) "Injection
			 Source Water" means the water which may be injected under terms of an ASR
			 limited license or permit.
(h)
			 "Receiving Aquifer" means the aquifer into which water may be injected under
			 terms of an ASR limited license or permit.
(i) "Recovered Water" means water which is
			 recovered from storage under terms of an ASR limited license or
			 permit.
(j) "Stored Water" means
			 water which is stored in a receiving aquifer under terms of an ASR limited
			 license or permit.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 350 - AQUIFER STORAGE AND RECOVERY (ASR) AND ARTIFICIAL GROUNDWATER RECHARGE › Section 690-350-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to artificial groundwater
				recharge in OAR Chapter 690, Division 350, Rules 0110 to 0130:
(1) "Artificial Groundwater Recharge" means
			 the intentional addition of water diverted from another source to a groundwater
			 reservoir. (Applications to obtain permits for artificial groundwater recharge
			 uses submitted pursuant to OAR 690-350-0110  to 690-350-0130  are not subject to
			 provisions governing aquifer storage and recovery projects or programs pursuant
			 to OAR 690-350-0010  to 690-350-0030.)
(2) "Commission" means the Water Resources
			 Commission.
(3) "Department" means
			 the Water Resources Department.
(4)
			 "Director" means the Director of the Department.
(5) "Groundwater Reservoir" means a
			 designated body of standing or moving groundwater as defined in ORS
			 537.515(5).
(6) "Recharge Permit" means a permit for the
			 appropriation of water for the purpose of artificial groundwater
			 recharge.
(7) "Secondary
			 Groundwater Permit" means a permit for the appropriation of groundwater which
			 was stored through the exercise of a recharge permit or certificate.
(8) "Stored Recharge Water" means groundwater
			 which results from artificial groundwater recharge.
(9) "Storage Account" means a net volume of
			 artificially recharged groundwater which is calculated for a single recharge
			 activity from a formula specified in a single recharge permit which records
			 additions to a groundwater reservoir by artificial recharge and depletions from
			 a groundwater reservoir by pumping and natural losses.
(10) "Surplus Waters" means all waters in
			 excess of those needed to satisfy current existing rights and minimum
			 streamflows established by the Commission.
Stat. Auth.: ORS
				  536.025, ORS
				  536.027, ORS
				  536.220, ORS
				  536.300, ORS
				  536.310, ORS
				  537.338, ORS
				  537.356 - ORS
				  537.358, ORS 540 & ORS 543
Stats. Implemented: ORS
				  537.135
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 350 - AQUIFER STORAGE AND RECOVERY (ASR) AND ARTIFICIAL GROUNDWATER RECHARGE › Section 690-350-0130 - Secondary Groundwater Permits for Use of Artificially Recharged Waters; Supplemental Information Requirements; Limitations; Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Permit
			 Required. The appropriation of artificially recharged groundwater for any
			 beneficial use requires a secondary groundwater permit.
(2) Supplemental Information for Permit
			 Application. In addition to data required for permit applications under OAR
			 690-310-0040, the applicant shall submit certain additional information. The
			 following attachments are necessary:
(a)
			 Identify Source. The applicant shall identify an artificially recharged
			 groundwater reservoir as a supply of water;
(b) Written Consent. The applicant shall
			 include the written consent of the holder of the recharge permit or
			 certificate;
(c) Source Proof. The
			 applicant shall submit proof that the proposed use will actually be from the
			 recharged reservoir. Documentation may include water level similarities to the
			 recharged reservoir, geologic and geographic similarities, hydraulic
			 information, and other pertinent data; and
(d) Recharge Understanding. The applicant
			 shall attach a copy of the currently valid recharge certificate or permit and a
			 statement that the applicant understands its content and the conditions of that
			 recharge.