reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2620 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Upper Willamette and Upper Siuslaw
			 Agricultural Water Quality Management Area includes the drainage area of the
			 Long Tom River, Upper Siuslaw River, and several smaller streams that drain
			 directly to the Willamette River. The physical boundaries of the Upper
			 Willamette and Upper Siuslaw Agricultural Water Quality Management Area are
			 indicated on the map included as Appendix 1 of these rules.
(2) Operational boundaries for the land base
			 under the purview of these rules include all lands within the Upper Willamette
			 and Upper Siuslaw Agricultural Water Quality Management Area in agricultural
			 use, agricultural and rural lands that are lying idle or on which management
			 has been deferred, and forest lands with agricultural activities, with the
			 exception of public lands managed by federal agencies.
(3) Current productive agricultural use is
			 not required for the provisions of these rules to apply. For example, highly
			 erodible lands with no present active use are within the purview of these
			 rules.
(4) The provisions and
			 requirements outlined in these rules may be adopted by reference by Designated
			 Management Agencies with appropriate authority and responsibilities in other
			 geographic areas of the Upper Willamette and Upper Siuslaw Agricultural Water
			 Quality Management Area.
(5) For
			 lands in agricultural use within other Designated Management Agencies' or state
			 agency jurisdictions, the department and the appropriate Local Management
			 Agency shall work with these Designated Management Agencies to assure that
			 provisions of these rules apply and to assure that duplication of any services
			 provided or fees assessed does not occur.
Stat. Auth.: ORS
				  561.190 -
				  561.191, ORS
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2640 - Prevention and Control Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All landowners or operators conducting activities on lands in agricultural use
			 shall comply with the following criteria. A landowner shall be responsible for
			 only those conditions caused by activities conducted on land controlled by the
			 landowner. A landowner is not responsible for violations of the Prevention and
			 Control Measures resulting from actions by another landowner. Conditions
			 resulting from unusual weather events (equaling or exceeding a 25-year, 24-hour
			 storm event) or other exceptional circumstances are not the responsibility of
			 the landowner. Limited duration activities may be exempted from these
			 conditions subject to prior written approval by the department.
(2) Effective upon rule adoption,
			 agricultural activities shall allow the establishment and development of
			 riparian vegetation along perennial and intermittent streams for streambank
			 stability, shading, and proper riparian function, consistent with site
			 capability.
(a) Legally constructed drainage
			 and irrigation ditches are exempt from OAR 603-095-2640(2).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2660 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an alleged occurrence of agricultural
			 pollution through a written complaint, its own observation, through
			 notification by another agency, or by other means, the department may conduct
			 an investigation. The department may, at its discretion, coordinate
			 investigation activities with the appropriate Local Management
			 Agency.
(2) Each notice of an
			 alleged occurrence of agricultural pollution shall be evaluated in accordance
			 with the criteria in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-2660(3) if
			 the complaint is in writing, signed and dated by the complainant and indicates
			 the location and description of:
(a) The
			 waters of the state allegedly being damaged or impacted; and
(b) The property allegedly being managed
			 under conditions violating criteria described in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2700 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 have been developed to implement a water quality management area plan for the
			 Owyhee Agricultural Water Quality Management Area pursuant to authorities
			 vested in the department through ORS
			 568.900 -
			 568.933 and
			 561.190 -
			 561.191. The area plan is known
			 as the Owyhee Agricultural Water Quality Management Area Plan.
(2) The purpose of these rules is to outline
			 requirements for landowners in the Owyhee Agricultural Water Quality Management
			 Area to prevent and control water pollution from agricultural activities and
			 soil erosion. Compliance with division 95 rules is expected to aid in the
			 achievement of applicable water quality standards in the Owyhee Agricultural
			 Water Quality Management Area.
Stat. Auth.: ORS
				  561.190 -
				  561.191, ORS
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2720 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Owyhee Agricultural Water Quality
			 Management Area includes the portions of the following subbasins that are
			 within the state of Oregon's boundaries: southern portion of the Middle
			 Snake-Payette (USGS HUC 1705011503), Lower Owyhee, Middle Snake-Succor,
			 Crooked-Rattlesnake, Jordan, Middle Owyhee, South Fork Owyhee, East Little
			 Owyhee, and the Upper Quinn. The physical boundaries of the Owyhee Agricultural
			 Water Quality Management Area are indicated on the map included as Appendix 1
			 of these rules.
(2) Operational
			 boundaries for the land base under the purview of these rules include all lands
			 within the Owyhee Agricultural Water Quality Management Area in agricultural
			 use, agricultural and rural lands that are lying idle or on which management
			 has been deferred, and forest lands with agricultural activities, with the
			 exception of public lands managed by federal agencies and Tribal Trust
			 lands.
(3) Current productive
			 agricultural use is not required for the provisions of these rules to apply.
			 For example, highly erodible lands with no present active use are within the
			 purview of these rules.
(4) The
			 provisions and requirements outlined in these rules may be adopted by reference
			 by Designated Management Agencies with appropriate authority and
			 responsibilities in other geographic areas of the Owyhee Agricultural Water
			 Quality Management Area.
(5) For
			 lands in agricultural use within other Designated Management Agencies' or state
			 agency jurisdictions, the department and the appropriate Local Management
			 Agency shall work with these Designated Management Agencies to assure that
			 provisions of these rules apply and to assure that duplication of any services
			 provided or fees assessed do not occur.
Appendices referenced are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 -
				  561.191, ORS
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2740 - Prevention and Control Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A landowner shall be responsible for only those conditions caused by activities
			 conducted on land managed by the landowner. Criteria do not apply to conditions
			 resulting from unusual weather events or other exceptional circumstances that
			 could not have been reasonably anticipated.
(2) Pollution Control and Waste Management:
			 Effective on rule adoption. No person subject to these rules shall violate any
			 provision of ORS 468B.025 or
			 468B.050.
(3) Streamside Conditions. By January 1,
			 2008, no person may contribute to conditions that preclude establishment and
			 development of adequate riparian vegetation for streambank stability and
			 shading, consistent with site capability.
(4) Irrigation Surface Water Return Flow:
(a) After January 1, 2008, irrigation surface
			 water return flow to waters of the state shall not cause an excessive,
			 systematic, or persistent increase in sediment levels already present in the
			 receiving waters, except where the return flows do not cause the receiving
			 waters to exceed established sediment standards.
(b) A landowner conducting irrigation
			 activities in accordance with a plan approved in writing by the department or
			 its designee shall be deemed to be in compliance with this rule.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2760 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an alleged occurrence of agricultural
			 pollution through a written complaint, its own observation, through
			 notification by another agency, or by other means, the department may conduct
			 an investigation. The department may, at its discretion, coordinate
			 investigation activities with the appropriate Local Management
			 Agency.
(2) Each notice of an
			 alleged occurrence of agricultural pollution shall be evaluated in accordance
			 with the criteria in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-2760(3) if
			 the complaint is in writing, signed and dated by the complainant and indicates
			 the location and description of:
(a) The
			 waters of the state allegedly being damaged or impacted; and
(b) The property allegedly being managed
			 under conditions violating criteria described in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2800 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 have been developed to implement a water quality management area plan for the
			 subbasin pursuant to authorities vested in the department through ORS
			 568.900 -
			 568.933. The area plan is known
			 as the Willow Creek Agricultural Water Quality Management Area Plan.
(2) The purpose of these rules is to outline
			 requirements for landowners in the Willow Creek Agricultural Water Quality
			 Management Area, for the prevention and control of water pollution from
			 agricultural activities and soil erosion. Compliance with division 95 rules is
			 expected to aid in the achievement of applicable water quality standards in the
			 Willow Creek subbasin.
Stat. Auth.: ORS
				  561.190 - ORS
				  561.191,ORS
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2820 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Willow Creek Agricultural Water
			 Quality Management Area includes the area that drains into Willow Creek or the
			 Columbia River between Willow Creek and the Umatilla River. The physical
			 boundaries of the Willow Creek subbasin are indicated on the map included as
			 Attachment 1 of these rules.
(2)
			 Operational boundaries for the land base under the purview of these rules
			 include all lands within the Willow Creek Agricultural Water Quality Management
			 Area in agricultural use and agricultural and rural lands which are lying idle
			 or on which management has been deferred, with the exception of public lands
			 managed by federal agencies and activities that are subject to the Oregon
			 Forest Practices Act.
(3) The
			 provisions of these rules apply to all agricultural land whether or not in
			 current productive agricultural use.
(4) The provisions and requirements outlined
			 in these rules may be adopted by reference by Designated Management Agencies
			 with appropriate authority and responsibilities in other geographic areas of
			 the Willow Creek subbasin.
(5) For
			 lands in agricultural use within other Designated Management Agencies or state
			 agency jurisdictions, the department and the appropriate Local Management
			 Agency shall work with these Designated Management Agencies to assure that
			 provisions of these rules apply, and to assure that duplication of any services
			 provided or fees assessed does not occur.
Stat. Auth.: ORS
				  561.190 - ORS
				  561.191,ORS
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2840 - Prevention and Control Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Limitations: All landowners or operators conducting activities on agricultural
			 lands are provided the following exemptions from the requirements of OAR
			 603-095-2840 (Prevention and Control Measure).
(a) A landowner or operator shall be
			 responsible for water quality resulting from conditions caused by the
			 management of the landowner or operator.
(b) Rules do not apply to conditions
			 resulting from unusual weather events or other circumstances not within the
			 reasonable control of the landowner or operator. Reasonable control of the
			 landowner means that technically sound and economically feasible measures must
			 be available to address conditions described in Prevention and Control
			 Measures
(c) The Department may
			 allow temporary exceptions when a specific integrated pest management plan is
			 in place to deal with certain weed or pest problems.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2860 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the Department receives notice of an alleged occurrence of agricultural
			 pollution through a written complaint, its own observation, through
			 notification by another agency, or by other means, the department may conduct
			 an investigation. The department may, at its discretion, coordinate inspection
			 activities with the appropriate Local Management Agency.
(2) Each notice of an alleged occurrence of
			 agricultural pollution shall be evaluated in accordance with the criteria in
			 ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-2860(3) if
			 the complaint is in writing, signed and dated by the complainant and indicates
			 the location and description of:
(a) The
			 waters of the state allegedly being damaged or impacted; and
(b) The property allegedly being managed
			 under conditions violating criteria described in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2900 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 have been developed to implement a water quality management area plan pursuant
			 to authorities vested in the department through ORS
			 568.900-568.933. The area plan is known
			 as the Lower John Day Agricultural Water Quality Management Area
			 Plan.
(2) The purpose of these
			 rules is to outline requirements for landowners in the Lower John Day
			 Agricultural Water Quality Management Area, for the prevention and control of
			 water pollution from agricultural activities and soil erosion. Compliance with
			 division 95 rules is expected to aid in the achievement of applicable water
			 quality standards in the Lower John Day subbasin.
Stat. Auth.: ORS
				  561.190 -
				  561.191,
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2920 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Lower John Day Agricultural Water
			 Quality Management Area includes the area that drains into the John Day River
			 and its tributaries downstream from but not inclusive of the Butte Creek
			 drainage and all streams flowing into the Columbia River between the Lower
			 Deschutes drainage and the Willow Creek drainage. The physical boundaries of
			 the Lower John Day Agricultural Water Quality Management Area are indicated on
			 the map included as Attachment 1 of these rules.
(2) Operational boundaries for the land base
			 under the purview of these rules include all lands within the Lower John Day
			 River subbasin in agricultural use and agricultural and rural lands which are
			 lying idle or on which management has been deferred, with the exception of
			 public lands managed by federal agencies (USFS and BLM) and activities that are
			 subject to the Oregon Forest Practices Act.
(3) Current productive agricultural use is
			 not required for the provisions of these rules to apply. For example, fallow
			 croplands or rested pastures with no present active use are within the purview
			 of these rules.
(4) The provisions
			 and requirements outlined in these rules may be adopted by reference by
			 Designated Management Agencies with appropriate authority and responsibilities
			 in other geographic areas of the Lower John Day Agricultural Water Quality
			 Management Area.
(5) For lands in
			 agricultural use within other Designated Management Agencies' or state agency
			 jurisdictions, the department and the appropriate Local Management Agency shall
			 work with these Designated Management Agencies to assure that provisions of
			 these rules apply, and to assure that duplication of any services provided or
			 fees assessed does not occur.
Stat. Auth.: ORS
				  561.190 -
				  561.191,
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2940 - Prevention and Control Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Limitations
: All landowners or operators conducting activities on
			 agricultural lands are provided the following exemptions from the requirements
			 of OAR 603-095-2940(2), (3), and (4).
(a) A
			 landowner or operator shall be responsible for water quality resulting from
			 conditions caused by the management of the landowner or operator.
(b) These rules do not apply to conditions
			 resulting from unusual weather events or other circumstances not within the
			 reasonable control of the landowner or operator. Reasonable control of the
			 landowner means that technically sound and economically feasible measures are
			 used to address conditions described in Prevention and Control
			 Measures.
(c) The Department may
			 allow temporary exceptions when a specific integrated pest management plan is
			 in place to deal with certain weed or pest problems.
(d) The capability of a site is the highest
			 ecological status a site can attain given political, social, or economic
			 constraints.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2960 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an alleged occurrence of agricultural
			 pollution through a written complaint, its own observation, through
			 notification by another agency, or by other means, the department may conduct
			 an investigation. The department may, at its discretion, coordinate inspection
			 activities with the appropriate Local Management Agency.
(2) Each notice of an alleged occurrence of
			 agricultural pollution shall be evaluated in accordance with the criteria in
			 ORS 568.900 through
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 through
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-2960(3) if
			 the complaint is in writing, signed and dated by the complainant and indicates
			 the location and description of:
(a) The
			 waters of the state allegedly being damaged or impacted; and
(b) The property allegedly being managed
			 under conditions violating criteria described in ORS
			 568.900 through
			 568.933 or any rules adopted
			 thereunder.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 have been developed to implement a water quality management area plan for the
			 Upper Deschutes Agricultural Water Quality Management Area pursuant to
			 authorities vested in the department through ORS
			 568.900 -
			 568.933 and
			 561.190 -
			 561.191. The area plan is known
			 as the Upper Deschutes Agricultural Water Quality Management Area
			 Plan.
(2) The purpose of these
			 rules is to outline requirements for landowners in the Upper Deschutes
			 Agricultural Water Quality Management Area to prevent and control water
			 pollution from agricultural activities and soil erosion. Compliance with
			 division 95 rules is expected to aid in the achievement of applicable water
			 quality standards in the Upper Deschutes Agricultural Water Quality Management
			 Area.
Stat. Auth.: ORS
				  561.190 -
				  561.191, ORS
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3020 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Upper Deschutes Agricultural Water
			 Quality Management Area consists of the Upper and Little Deschutes Subbasins,
			 as defined by the State of Oregon. Additionally, it includes lands in the
			 Crooked River drainage south of the Crooked River and west of the range line
			 between R12E and R13E in T14S in order to include the entire Crooked River
			 Ranch subdivision. The physical boundaries of the Management Area are indicated
			 on the map included as Attachment 1 of these rules.
(2) Operational boundaries for the land base
			 under the purview of these rules include all lands within the Upper Deschutes
			 Agricultural Water Quality Management Area in agricultural use, agricultural
			 and rural lands that are lying idle or on which management has been deferred,
			 and forested lands with agricultural activities, with the exception of public
			 lands managed by federal agencies and lands that are in Tribal Trust.
(3) The provisions and requirements outlined
			 in these rules may be adopted by reference by Designated Management Agencies
			 with appropriate authority and responsibilities in other geographic areas of
			 the Upper Deschutes Agricultural Water Quality Management Area.
(4) For lands in agricultural use within
			 other Designated Management Agencies' or state agency jurisdictions, the
			 department and the appropriate Local Management Agency will work with these
			 Designated Management Agencies to assure that provisions of these rules apply,
			 and to assure that duplication of any services provided or fees assessed does
			 not occur.
Stat. Auth.: ORS
				  561.190 -
				  561.191, ORS
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3040 - Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Landowners must
			 comply with OAR 603-95-3040(2) through (3) within the following limitations:
(a) A landowner is responsible for only those
			 conditions resulting from activities controllable by the landowner. A landowner
			 is not responsible for conditions resulting from activities on other
			 lands.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3060 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an alleged occurrence of agricultural
			 pollution through a written complaint, its own observation, through
			 notification by another agency, or by other means, the department may conduct
			 an investigation. The department may, at its discretion, coordinate inspection
			 activities with the appropriate Local Management Agency.
(2) Each notice of an alleged occurrence of
			 agricultural pollution will be evaluated in accordance with the criteria in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-3060(3) if
			 the complaint is in writing, signed and dated by the complainant and indicates
			 the location and description of:
(a) The
			 waters of the state allegedly being damaged or impacted; and
(b) The property allegedly being managed
			 under conditions violating criteria described in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 have been developed to implement a water quality management area plan for the
			 Goose and Summer Lakes Basin Agricultural Water Quality Management Area
			 pursuant to authorities vested in the department through ORS
			 568.900 -
			 568.933 and
			 561.190 -
			 561.191. The area plan is known
			 as the Goose and Summer Lakes Basin Agricultural Water Quality Management Area
			 Plan.
(2) The purpose of these
			 rules is to outline requirements for landowners in the Goose and Summer Lakes
			 Basin Agricultural Water Quality Management Area to prevent and control water
			 pollution from agricultural activities and soil erosion. Compliance with
			 Division 95 rules is expected to aid in the achievement of applicable water
			 quality standards in the Goose and Summer Lakes Basin Agricultural Water
			 Quality Management Area.
Stat. Auth.: ORS
				  561.190 -
				  561.191, ORS
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3120 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Goose and Summer Lakes Basin
			 Agricultural Water Quality Management Area consists of the Goose and Summer
			 Lakes Basin, as defined by the State of Oregon. The physical boundaries of the
			 Management Area are indicated on the map included as Attachment 1 of these
			 rules.
(2) Operational boundaries
			 for the land base under the purview of these rules include all lands within the
			 Goose and Summer Lakes Basin Agricultural Water Quality Management Area in
			 agricultural use, agricultural and rural lands that are lying idle or on which
			 management has been deferred, and forested lands with agricultural activities,
			 with the exception of public lands managed by federal agencies and lands that
			 are held in Tribal Trust.
(3) The
			 provisions and requirements outlined in these rules may be adopted by reference
			 by Designated Management Agencies with appropriate authority and
			 responsibilities in other geographic areas of the Goose and Summer Lakes Basin
			 Agricultural Water Quality Management Area.
(4) For lands in agricultural use within
			 other Designated Management Agencies' or state agency jurisdictions, the
			 department and the appropriate Local Management Agency will work with these
			 Designated Management Agencies to assure that provisions of these rules apply,
			 and to assure that duplication of any services provided or fees assessed does
			 not occur.
Stat. Auth.: ORS
				  561.190 -
				  561.191, ORS
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3140 - Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Landowners must
			 comply with OAR 603-95-3140(2) through (3) within the following limitations:
(a) A landowner is responsible for only those
			 conditions resulting from activities controlled by the landowner. A landowner
			 is not responsible for conditions resulting from activities by landowners on
			 other lands. A landowner is not responsible for conditions that: are natural,
			 could not have been reasonably anticipated, or that result from unusual weather
			 events or other exceptional circumstances.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3160 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an alleged occurrence of agricultural
			 pollution through a written complaint, its own observation, through
			 notification by another agency, or by other means, the department may conduct
			 an investigation. The department may, at its discretion, coordinate inspection
			 activities with the appropriate Local Management Agency.
(2) Each notice of an alleged occurrence of
			 agricultural pollution will be evaluated in accordance with the criteria in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-3160(3) if
			 the complaint is in writing, signed and dated by the complainant and indicates
			 the location and description of:
(a) The
			 waters of the state allegedly being damaged or impacted; and
(b) The property allegedly being managed
			 under conditions violating criteria described in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 have been developed to implement a water quality management area plan for the
			 Burnt River Agricultural Water Quality Management Area pursuant to authorities
			 vested in the department through ORS
			 568.900 -
			 568.933. The area plan is known
			 as the Burnt River Agricultural Water Quality Management Area Plan.
(2) The purpose of these rules is to outline
			 requirements for landowners in the Burnt River Agricultural Water Quality
			 Management Area to prevent and control water pollution from agricultural
			 activities and soil erosion. Compliance with division 95 rules is expected to
			 aid in the achievement of applicable water quality standards in the Burnt River
			 Water Quality Management Area.
(3)
			 Failure to comply with any provisions of the Burnt River Agricultural Water
			 Quality Management Area Plan:
(a) Does not
			 constitute a violation of OAR 603-095-0000 to 603-090-0120, or of 603-095-0010
			 to 603-095-3260;
(b) Is not
			 intended by the department to be evidence of a violation of any federal, state,
			 or local law by any person.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3220 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Burnt River Agricultural Water
			 Quality Management Area includes all the drainage area of the Burnt River, from
			 the headwaters to the confluence with the Snake River. The physical boundaries
			 of the Management Area are indicated on the map included as Appendix 1 of these
			 rules.
(2) Operational boundaries:
(a) All lands within the Burnt River
			 Agricultural Water Quality Management Area in agricultural use, agricultural
			 and rural lands that are lying idle or on which management has been deferred,
			 and forested lands with agricultural activities are subject to OAR 603-095-0010
			 to 603-095-0040 and 603-095-3200 to 603-095-3260, except those lands excluded
			 under paragraph (b) of this section.
(b) Lands excluded from OAR
			 603-095-3220(2)(a) are:
(A) Public lands
			 managed by federal agencies;
(B)
			 Tribal Trust Lands; and
(C) The
			 property owned by Daryl and Barbara Hawes located at 20588 Hwy. 245 (T12S R37E:
			 parts of sections 14, 23, 24, and 25. County tax lot number 2300)
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3240 - Prohibited Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 landowner shall be responsible for only those conditions caused by activities
			 conducted on land owned or managed by the landowner. Criteria do not apply to
			 conditions resulting from unusual weather events or other exceptional
			 circumstances, which could not have been reasonably anticipated.
(2) Pollution Control and Waste Management.
			 Effective on rule adoption: No person subject to these rules shall violate any
			 provision of ORS 468B.025 or
			 468B.050.
(3) Streamside Conditions.
(a) By January 1, 2006, activities will allow
			 the establishment and development of riparian vegetation, consistent with site
			 capability. Site capability will be determined by ODA in consultation with
			 local resource management agencies.
(b) Landowners are not responsible for
			 browsing and grazing by wildlife.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3260 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an apparent occurrence of agricultural
			 pollution through a written complaint, its own observation, through
			 notification by another agency, or by other means, the department may conduct
			 an investigation. The department may, at its discretion, coordinate inspection
			 activities with the appropriate Local Management Agency.
(2) Each notice of an alleged occurrence of
			 agricultural pollution will be evaluated in accordance with the criteria in ORS
			 568.900 to
			 568.933 or any rules adopted
			 there under to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 there under may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-3260(3) if
			 the complaint is in writing, signed and dated by the complainant and indicates
			 the location and description of:
(a) The
			 waters of the state allegedly being damaged or impacted; and
(b) The property allegedly being managed
			 under conditions violating criteria described in ORS
			 568.900 to
			 568.933 or any rules adopted
			 there under.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3300 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 have been developed to implement a water quality management area plan for the
			 Greater Harney Basin Agricultural Water Quality Management Area pursuant to
			 authorities vested in the department through ORS
			 568.900 -
			 568.933 and
			 561.190 -
			 561.191. The area plan is known
			 as the Greater Harney Basin Agricultural Water Quality Management Area
			 Plan.
(2) The purpose of these
			 rules is to outline requirements for landowners in the Greater Harney Basin
			 Agricultural Water Quality Management Area to prevent and control water
			 pollution from agricultural activities and soil erosion. Compliance with
			 Division 95 rules is expected to aid in the achievement of applicable water
			 quality standards in the Greater Harney Basin Agricultural Water Quality
			 Management Area.
Stat. Auth.: ORS
				  561.190 - ORS
				  561.191 & ORS
				  568.912
Stats. Implemented: ORS
				  568.900 - ORS
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3320 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Greater Harney Basin Agricultural
			 Water Quality Management Area consists of the Malheur Lake Basin, as defined by
			 the State of Oregon, with the exclusion of the Thousand Virgin Subbasin. The
			 physical boundaries of the Management Area are indicated on the map included as
Attachment 1
of these rules. [Attachment not included. See ED.
			 NOTE.]
(2) Operational boundaries
			 for the land base under the purview of these rules include all lands within the
			 Greater Harney Basin Agricultural Water Quality Management Area in agricultural
			 use, agricultural and rural lands that are lying idle or on which management
			 has been deferred, and forested lands with agricultural activities, with the
			 exception of public lands managed by federal agencies and lands that are held
			 in Tribal Trust.
(3) The provisions
			 and requirements outlined in these rules may be adopted by reference by
			 Designated Management Agencies with appropriate authority and responsibilities
			 in other geographic areas of the Greater Harney Basin Agricultural Water
			 Quality Management Area.
(4) For
			 lands in agricultural use within other Designated Management Agencies' or state
			 agency jurisdictions, the department and the appropriate Local Management
			 Agency will work with these Designated Management Agencies to assure that
			 provisions of these rules apply, and to assure that duplication of any services
			 provided or fees assessed does not occur.
Attachment referenced are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 - ORS
				  561.191 & ORS
				  568.912
Stats. Implemented: ORS
				  568.900 - ORS
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3340 - Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Landowners must
			 comply with OAR 603-95-3340(2) through (3) within the following limitations. A
			 landowner is responsible for only those conditions resulting from activities
			 controlled by the landowner. A landowner is not responsible for conditions
			 resulting from activities by landowners on other lands. A landowner is not
			 responsible for conditions that: are natural, could not have been reasonably
			 anticipated, or that result from unusual weather events or other exceptional
			 circumstances.
(2) Desired
			 Streamside Riparian Condition:
(a) Effective
			 January 1, 2006, consistent with site capability, persons shall allow
			 regeneration and growth of riparian vegetation along natural waterways to
			 provide for:
(A) Bank
			 stabilization;
(B) Filtration of
			 sediments and nutrients;
(C) The
			 sustainability of riparian community integrity through spring runoff and larger
			 storm events; and
(D) Shade and
			 aquatic habitat.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3360 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an alleged occurrence of agricultural
			 pollution through a written complaint, its own observation, through
			 notification by another agency, or by other means, the department may conduct
			 an investigation. The department may, at its discretion, coordinate inspection
			 activities with the appropriate Local Management Agency.
(2) Each notice of an alleged occurrence of
			 agricultural pollution will be evaluated in accordance with the criteria in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-3360(3) if
			 the complaint is in writing, signed and dated by the complainant and indicates
			 the location and description of:
(a) The
			 waters of the state allegedly being damaged or impacted; and
(b) The property allegedly being managed
			 under conditions violating criteria described in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3400 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 have been developed to implement a water quality management area plan for the
			 Crooked River Agricultural Water Quality Management Area pursuant to
			 authorities vested in the department through ORS
			 568.900-
			 568.933 and
			 561.190-561.191. The area plan is known
			 as the Crooked River Agricultural Water Quality Management Area Plan.
(2) The purpose of these rules is to outline
			 requirements for landowners in the Crooked River Agricultural Water Quality
			 Management Area to prevent and control water pollution from agricultural
			 activities and soil erosion. Compliance with division 95 rules is expected to
			 aid in the achievement of applicable water quality standards in the Crooked
			 River Agricultural Water Quality Management Area.
Stat. Auth.: ORS
				  561.190 -
				  561.191,
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3420 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Crooked River Agricultural Water
			 Quality Management Area consists of the Crooked River Basin with the following
			 exceptions near the mouth of the Crooked River: 1) lands south of the Crooked
			 River and west of the range line between R12E and R13E in T14S to exclude the
			 entire Crooked River Ranch subdivision, which is in the Upper Deschutes
			 Agricultural Water Quality Management Area, and 2) lands north of the Crooked
			 River and west of Sherwood Canyon near Smith Rock, which are in the Middle
			 Deschutes Agricultural Water Quality Management Area. The physical boundaries
			 of the Management Area are indicated on the map included as
Attachment
			 1
of these rules.
(2)
			 Operational boundaries for the land base under the purview of these rules
			 include all lands within the Crooked River Agricultural Water Quality
			 Management Area in agricultural use, agricultural and rural lands that are
			 lying idle or on which management has been deferred, and forested lands with
			 agricultural activities, with the exception of public lands managed by federal
			 agencies and lands that are held in Tribal Trust.
(3) The provisions and requirements outlined
			 in these rules may be adopted by reference by Designated Management Agencies
			 with appropriate authority and responsibilities in other geographic areas of
			 the Crooked River Agricultural Water Quality Management Area.
(4) For lands in agricultural use within
			 other Designated Management Agencies' or state agency jurisdictions, the
			 department and the appropriate Local Management Agency will work with these
			 Designated Management Agencies to assure that provisions of these rules apply,
			 and to assure that duplication of any services provided or fees assessed does
			 not occur.
Attachment referenced are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 -
				  561.191,
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933