Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 10 - APPROPRIATION AND USE OF GROUND WATER › Section 690-010-0180 - Notice of Proposed Corrective Control Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following issuance and notification of
			 the Initial Notification of Proposed Corrective Control Orders, and prior to
			 implementation of any proposed corrective control provisions as may limit the
			 use of groundwater in the critical groundwater area, the Department shall issue
			 a Notice of Proposed Corrective Control Orders proposing implementation of one
			 or more corrective control provisions as specified in ORS 537.742(2)(a) -
			 (f).
(2) The Notice of Proposed
			 Corrective Control Orders is a notice for the purposes of ORS 183.415 and
			 shall, in addition to those elements in ORS 183.415 and OAR 137-003-0505,
			 include the following:
(a) A case caption that
			 identifies the critical groundwater area at issue including a citation to the
			 rule establishing the critical groundwater area and identification of each
			 county in which the critical groundwater area is located;
(b) A statement of the problem resulting in
			 designation of the critical groundwater area that may be addressed by the
			 proposed corrective control provisions limiting the use of groundwater in the
			 critical groundwater area;
(c) A
			 clear and concise description of the proposed corrective control
			 provisions;
(d) A description of
			 the area where the Director intends to implement the proposed corrective
			 control provisions including attachment of any maps as necessary to clearly
			 show the area of intended corrective control provisions such that groundwater
			 right holders and exempt users located within the area of intended action may
			 determine whether they will be affected by the proposed corrective control
			 provisions;
(e) Identification of
			 those groundwater right holders and exempt users whose rights to use
			 groundwater may be limited or otherwise restricted by the proposed corrective
			 control provisions;
(f) Findings of
			 fact that support a conclusion that the problem(s) that resulted in designation
			 of a critical groundwater area may be corrected by implementing the corrective
			 control provisions specified in the Notice of Proposed Corrective Control
			 Orders;
(g) Reference to scientific
			 information that supports the agency's findings of fact;
(h) Conclusions of law based on the findings
			 of fact and applicable law;
(i) An
			 explanation of the reasoning that leads from the findings of fact to the
			 conclusion that the problems that resulted in designation of the critical
			 groundwater area may be resolved by implementation of the corrective control
			 provisions identified in the notice;
(j) A notice of right to a contested case
			 hearing pursuant to ORS chapter 183.415 and OAR 137-003-0505;
(k) A deadline for filing a Notice of Party
			 Status, as provided in OAR 690-010-0190  by persons holding a groundwater right
			 or exempt users this deadline will be no less than 30 days after the Notice of
			 Proposed Corrective Control Orders is mailed; and
(l) A deadline for filing a Petition for
			 Party Status as provided in OAR 690-010-0190; this deadline will be no less
			 than 30 days after the Notice of Proposed Corrective Control Orders is
			 mailed.