reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 503 - SANDY BASIN PROGRAM › Section 690-503-0040 - Surface Water Classifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) By act of the Oregon Legislature, the
			 following streams are closed to further appropriation unless otherwise
			 indicated:
(a) The main stems and tributaries
			 of the Bull Run and Little Sandy rivers are protected for the exclusive use of
			 the city of Portland; subject to senior rights or claims predating February 24,
			 1909 (ORS 538.420);
(b) Hackett Creek, a tributary of the Sandy
			 River located in Clackamas County, and its tributaries, are withdrawn from
			 appropriation except for fish life (ORS
			 538.150);
(c) Except as provided in ORS
			 538.210, the following streams
			 forming waterfalls near the Columbia River Highway and flowing directly into
			 the Columbia River shall not be diverted or interrupted for any purposes (ORS
			 538.200):
`
(A) Latourell Creek
			 -- Forming Latourell Falls;
(B) An
			 unnamed stream whose waterfall is approximately at the southwest quarter of the
			 southwest quarter of the northwest quarter of section 28, township one north,
			 range five east, at the northern edge of Tax Lot 27/28. The fall is on the
			 south side of the old Columbia River Highway, 0.7 mile west of the highway
			 bridge at Young Creek;
(C) An
			 unnamed stream whose waterfall is approximately at the southeast quarter of the
			 southwest quarter of the northwest quarter of section 28, township one north,
			 range five east, at the northern intersection of Tax Lot 27/26. The falls are
			 on the south side of the old Columbia River Highway, 0.6 mile west of the
			 highway bridge at Young Creek;
(D)
			 An unnamed stream whose waterfall is approximately at the northeast quarter of
			 the northeast quarter of the northwest quarter of section 28, township one
			 north, range 5 east, Tax Lot 3. The falls are on the south side of the old
			 Columbia River Highway, 0.1 mile west of the highway bridge at Young
			 Creek;
(E) Young Creek -- Forming
			 Shepperd Dell Falls;
(F) Bridal
			 Veil Creek -- Forming Bridal Veil Falls;
(G) Coopey Falls Creek;
(H) Mist Falls Creek;
(I) Wahkeena Creek -- Forming Wahkeena Falls,
			 formerly known as Gordon Falls;
(J)
			 Multnomah Creek -- Forming Multnomah Falls;
(K) Oneonta Creek -- Forming Oneonta Falls
			 and Gorge;
(L) Horse Tail Creek --
			 Forming Horse Tail Falls;
(M)
			 Tumalt Creek;
(N) McCord Creek,
			 formerly known as Kelly Creek -- Forming Elwah Falls;
(O) Moffatt Creek -- Forming Wahe
			 Falls;
(P) Tanner Creek -- Forming
			 Wahclella Falls.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 503 - SANDY BASIN PROGRAM › Section 690-503-0050 - Groundwater Classification

Current through Register Vol. 63, No. 7, July 1, 2024
Permits to use groundwater may be issued only for the following
				classified uses:
(1) Except as
			 provided in sections (2) and (3) of this rule, the groundwater resources of the
			 Sandy Basin are classified for commercial, group domestic, industrial,
			 irrigation, mining, municipal, and statutorily exempt groundwater
			 uses.
(2) Groundwater from the
			 shallow Troutdale aquifer in the Sandy -- Boring Groundwater Management Area,
			 as shown in
Figure 1
, is classified for exempt uses
			 only.
(3) Groundwater hydraulically
			 connected to, and within 1/4 mile of, surface water shall be classified for the
			 same uses as the surface water source and for uses exempted by ORS
			 537.545.
The Figure referenced in this rule is not printed in the OAR
				  Compilation. Copies are available from the
				  agency.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 503 - SANDY BASIN PROGRAM › Section 690-503-0060 - Special Permit Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
Permits issued to appropriate groundwater from aquifers in the
				Sandy Basin shall be specially conditioned. The conditions shall
				specify:
(1) Use of water from the
			 well, as allowed herein, shall be regulated if the well displays:
(a) An average water level decline of three
			 or more feet per year for five consecutive years; or
(b) A total water level decline of fifteen or
			 more feet; or
(c) A hydraulic
			 interference decline of fifteen or more feet in any neighboring well providing
			 water for senior exempt uses or wells covered by prior rights.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 504 - HOOD BASIN PROGRAM › Section 690-504-0000 - Classifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The maximum
			 economic development of this state, the attainment of the highest and best use
			 of the waters of the Hood Basin, and the attainment of an integrated and
			 coordinated program for the benefit of the state as a whole, will be furthered
			 through utilization of the aforementioned waters only for domestic, livestock,
			 municipal, irrigation, flow augmentation, commercial, agriculture, power
			 development, industrial, mining, recreation, wildlife, fish life, pollution
			 abatement use, and the waters of the Hood Basin are hereby so classified with
			 the following exceptions:
(a) The maximum
			 economic development of this state, and the attainment of the highest and best
			 use of the waters of Dog River above its point of diversion at Water Resources
			 Department - U.S. Geological Survey Gage 14113400, and the attainment of an
			 integrated and coordinated program for the benefit of the state as a whole will
			 be furthered through utilization of the aforementioned waters only for
			 municipal use, and the waters of Dog River above that point are hereby so
			 classified;
(b) The maximum
			 economic development of this state, and the attainment of the highest and best
			 use of the waters of the natural lakes of the Hood Basin, and the attainment of
			 an integrated and coordinated program for the benefit of the state as a whole,
			 will be furthered through utilization of the aforementioned waters only for
			 domestic, livestock, irrigation of lawn or noncommercial garden not to exceed
			 one-half acre in area, power development not to exceed 7-1/2 theoretical
			 horsepower, recreation, wildlife, and fish life uses and the waters of natural
			 lakes of the basin are hereby so classified.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 504 - HOOD BASIN PROGRAM › Section 690-504-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Indian Tribe"
			 as defined by ORS 182.162, which defines a tribe
			 as a federal recognized Indian tribe in Oregon.
(2) "Consultation", for the purpose of this
			 rule "consultation" means a dialogue for the purpose of obtaining information
			 or advice.
Stat. Auth.: ORS 536 & 537
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 504 - HOOD BASIN PROGRAM › Section 690-504-0020 - Water Quality

Current through Register Vol. 63, No. 7, July 1, 2024
Rights to use of water for industrial or mining purposes shall
				be issued only on condition that any effluents or return flows from such uses
				shall not interfere with other beneficial uses of water.
Stat. Auth.: ORS 536 & 537
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 504 - HOOD BASIN PROGRAM › Section 690-504-0100 - Application Process to Store Reserved Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Reservations of water for economic
			 development are established pursuant to ORS
			 537.249 and
			 537.356 to ensure sufficient
			 surface water will be available in the future to meet expected needs. Economic
			 development includes, but is not limited to, the production of goods and
			 services and management of natural resources which contribute economic benefits
			 through both instream and out-of-stream uses of water.
(2) "Multipurpose reservoir," as used in OAR
			 690-504-0100  through 0160, means a reservoir storing water to serve multiple
			 potential beneficial uses such as, but not limited to irrigation, commercial,
			 agriculture, power development, municipal, recreation, and flow augmentation
			 for instream purposes.
(3)
			 Reservations of water for future economic development in OAR 690-504-0110  through 0160 reserve surface water for future storage in multipurpose
			 reservoirs. The storage of up to 2,000 acre-feet of water for livestock or
			 domestic purposes authorized under water rights with priority dates after
			 November 6, 1992, shall be exempt from regulation for storage of water reserved
			 under OAR 690-504-0110  through 0160.
(4) Permits to store reserved water shall
			 receive the priority date of the reservation. The priority date for
			 reservations under OAR 690-504-0110  through 0160 shall be November 6, 1992.
(5) In addition to the
			 requirements of ORS Chapter 537, OAR Chapter 690, Division 310, and any other
			 applicable rules, an application for a permit to store reserved water shall
			 include:
(a) An assessment of the effect of
			 the proposed reservoir on fish and wildlife developed after consultation with
			 the Oregon Department of Fish and Wildlife;
(b) An assessment of the effect of the
			 proposed reservoir on water quality developed after consultation with the
			 Oregon Department of Environmental Quality;
(c) Documentation of consultation with any
			 affected Indian Tribe(s), including the Confederated Tribes of Warm Springs
			 Reservation.
(d) An analysis of
			 water supply alternatives to the proposed reservoir, such as off-stream
			 storage, water right transfers and implementation of conservation measures; and
(e) An analysis summarizing and
			 describing how the proposed project will enhance instream values, including but
			 not limited to instream flows.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 504 - HOOD BASIN PROGRAM › Section 690-504-0110 - West Fork Hood River Subbasin Reservation

Current through Register Vol. 63, No. 7, July 1, 2024
Nine thousand (9,000) acre-feet of unappropriated water of the
				Lake Branch of the West Fork Hood River or its tributaries upstream of the
				confluence with the West Fork Hood River are reserved for storage in
				multipurpose reservoirs. The priority date of the reservation is November 6,
				1992.
Stat. Auth.: ORS 537
Stats. Implemented: ORS
				  537.249 & ORS
				  537.356
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 504 - HOOD BASIN PROGRAM › Section 690-504-0120 - East Fork Hood River Subbasin Reservation

Current through Register Vol. 63, No. 7, July 1, 2024
Fifty Thousand (50,000) acre-feet of unappropriated water of
				the East Fork Hood River or its tributaries upstream of the confluence of the
				Dog River with the East Fork Hood River are reserved for storage in
				multipurpose reservoirs. The priority date of the reservation is November 6,
				1992.
Stat. Auth.: ORS 537
Stats. Implemented: ORS
				  537.249 & ORS
				  537.356
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 504 - HOOD BASIN PROGRAM › Section 690-504-0130 - Neal Creek Subbasin Reservation

Current through Register Vol. 63, No. 7, July 1, 2024
Five thousand (5,000) acre-feet of unappropriated water of Neal
				Creek or its tributaries are reserved for storage in multipurpose reservoirs.
				The priority date of the reservation is November 6, 1992.
Stat. Auth.: ORS 537
Stats. Implemented: ORS
				  537.249 & ORS
				  537.356
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 504 - HOOD BASIN PROGRAM › Section 690-504-0140 - Mosier Creek Subbasin Reservation

Current through Register Vol. 63, No. 7, July 1, 2024
Six thousand four hundred (6,400) acre-feet of unappropriated
				water of Mosier Creek or its tributaries are reserved for storage in
				multipurpose reservoirs. The priority date of the reservation is November 6,
				1992.
Stat. Auth.: ORS 537
Stats. Implemented: ORS
				  537.249 & ORS
				  537.356
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 504 - HOOD BASIN PROGRAM › Section 690-504-0150 - Eightmile Creek Subbasin Reservation

Current through Register Vol. 63, No. 7, July 1, 2024
Four thousand (4,000) acre-feet of unappropriated water of
				Eightmile Creek or its tributaries upstream of the confluence of Pine Hollow
				with Eightmile Creek are reserved for storage in multipurpose reservoirs. The
				priority date of the reservation is November 6, 1992.
Stat. Auth.: ORS 537
Stats. Implemented: ORS
				  537.249 & ORS
				  537.356
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 504 - HOOD BASIN PROGRAM › Section 690-504-0160 - Fifteenmile Creek Subbasin Reservation

Current through Register Vol. 63, No. 7, July 1, 2024
Unappropriated water in the Fifteenmile Creek subbasin is
				reserved as follows:
(1) Five thousand
			 (5,000) acre-feet of unappropriated water of Fifteenmile Creek or its
			 tributaries upstream of the City of Dufur water supply reservoir are reserved
			 for storage in multipurpose reservoirs. The priority date of the reservation is
			 November 6, 1992.
(2) Three
			 thousand five hundred (3,500) acre-feet of unappropriated water of Larch Creek
			 or its tributaries are reserved for storage in multipurpose reservoirs. The
			 priority date of the reservation is November 6, 1992.
Stat. Auth.: ORS 537
Stats. Implemented: ORS
				  537.249 & ORS
				  537.356
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 505 - DESCHUTES BASIN PROGRAM › Section 690-505-0000 - Upper Deschutes Basin

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Classifications:
(a) The maximum economic
			 development of this state, the attainment of the highest and best use of the
			 waters of the Upper Deschutes River Basin, and the attainment of an integrated
			 and coordinated program for the benefit of the state as a whole will be
			 furthered through utilization of the aforementioned waters only for domestic,
			 livestock, municipal, irrigation, power development, industrial, mining,
			 recreation, wildlife and fish life uses and the waters of the Upper Deschutes
			 River Basin are hereby so classified with the following exception: The maximum
			 economic development of this state, the attainment of the highest and best use
			 of the waters of the natural lakes of the Upper Deschutes River Basin, except
			 for Crescent Lake, and the attainment of an integrated and coordinated program
			 for the benefit of the state as a whole will be furthered through utilization
			 of the aforementioned waters only for domestic, livestock, irrigation of lawn
			 or noncommercial garden not to exceed one-half acre in area, power development
			 not to exceed 7-1/2 theoretical horsepower, recreation, wildlife and fish life
			 uses and the waters of the natural lakes, Upper Deschutes River Basin, except
			 for Crescent Lake, are hereby so classified;
(b) Applications for the use of the waters of
			 the Upper Deschutes River Basin shall not be accepted by any state agency for
			 any other use and the granting of applications for such other uses is declared
			 to be prejudicial to the public interest and the granting of applications for
			 such other uses would be contrary to the integrated and coordinated program for
			 the use and control of the water resources of the state;
(c) Structures or works for the utilization
			 of the waters in accordance with the aforementioned classifications are also
			 declared to be prejudicial to the public interest unless planned, constructed
			 and operated in conformity with applicable provisions of ORS
			 536.310 and any such structures
			 or works are further declared to be prejudicial to the public interest which do
			 not give proper cognizance to the multiple-purpose concept.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 505 - DESCHUTES BASIN PROGRAM › Section 690-505-0010 - Middle Deschutes River Basin

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Classifications:
(a) The maximum economic development of this
			 state, the attainment of the highest and best use of the waters of the Middle
			 Deschutes River Basin, and the attainment of an integrated and coordinated
			 program for the benefit of the state as a whole will be furthered through
			 utilization of the aforementioned waters only for domestic, livestock,
			 municipal, irrigation, power development, industrial, mining, recreation,
			 wildlife and fish life uses and the waters of the Middle Deschutes River Basin
			 are hereby so classified with the following exceptions:
(A) OAR 690-505-0050, Lower Main Stem
			 Deschutes River, adopted April 3, 1964, as modified by the Water Policy Review
			 Board;
(B) The maximum economic
			 development of this state, the attainment of the main stem Metolius River,
			 above river mile 13.0, and the attainment of an integrated and coordinated
			 program for the benefit of the state as a whole will be furthered through
			 utilization of the aforementioned waters only for domestic, livestock,
			 irrigation of lawn or noncommercial garden not to exceed one-half acre in area,
			 power development, recreation, wildlife and fish life uses and the waters of
			 the main stem, Metolius River, above river mile 13.0, are hereby so
			 classified;
(C) Further, no
			 out-of-basin diversions of the waters of the mainstem Metolius River, above
			 river mile 13.0, shall be permitted for any use;
(D) No further appropriations except for
			 domestic or livestock uses shall be permitted for waters of the mainstem
			 Deschutes River, from the head of Lake Billy Chinook near river mile 120 to the
			 North Canal Dam near river mile 165;
(E) The maximum economic development of this
			 state, the attainment of the highest and best use of the waters of the natural
			 lakes of the Middle Deschutes River Basin, and the attainment of an integrated
			 and coordinated program for the benefit of the state as a whole will be
			 furthered through utilization of the aforementioned waters only for domestic,
			 livestock, irrigation of lawn or noncommercial garden not to exceed one-half
			 acre in area, power development not to exceed 7-1/2 theoretical horsepower,
			 recreation, wildlife and fish life uses.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 505 - DESCHUTES BASIN PROGRAM › Section 690-505-0020 - Lower Deschutes River Basin

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Classifications:
(a) The maximum economic development of this
			 state, the attainment of the highest and best use of the waters of the Lower
			 Deschutes River Basin, and the attainment of an integrated and coordinated
			 program for the benefit of the state as a whole will be furthered through
			 utilization of the aforementioned waters only for domestic, livestock,
			 municipal, irrigation, power development, industrial, mining, recreation,
			 wildlife and fish life uses and the waters of the Lower Deschutes River Basin
			 are hereby so classified with the following exceptions:
(A) OAR 690-505-0050, Lower Main Stem
			 Deschutes River, adopted April 3, 1964, as modified by the Water Policy Review
			 Board;
(B) The waters of Boulder
			 Lake in Hood River and Wasco Counties are classified only for domestic and
			 livestock uses; power development not to exceed 7-1/2 theoretical horsepower;
			 recreation, wildlife and fish life uses; and irrigation not to exceed 100
			 acre-feet annually from water stored in the lake;
(C) The maximum economic development of this
			 state, the attainment of the highest and best use of the waters of the other
			 natural lakes of the Lower Deschutes River Basin, and the benefit of the state
			 as a whole will be furthered through utilization of the aforementioned waters
			 only for domestic, livestock, irrigation of lawn or noncommercial garden not to
			 exceed one-half acre in area, power development not to exceed 7-1/2 theoretical
			 horsepower, recreation, wildlife and fish life uses and the waters of the
			 natural lakes of the Lower Deschutes River Basin are hereby so
			 classified.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 505 - DESCHUTES BASIN PROGRAM › Section 690-505-0030 - Upper Crooked River Basin

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Classifications:
(a) The maximum economic
			 development of this state, the attainment of the highest and best use of the
			 waters of the Deschutes - Upper Crooked River Basin, and the attainment of an
			 integrated and coordinated program for the benefit of the state as a whole will
			 be furthered through utilization of the aforementioned waters only for
			 domestic, livestock, municipal, irrigation, power development, industrial,
			 mining, recreation, wildlife and fish life uses and the waters of the Deschutes
			 - Upper Crooked River Basin are hereby so classified;
(b) Applications for the use of the waters of
			 the Deschutes - Upper Crooked River Basin shall not be accepted by any state
			 agency for any other use and the granting of applications for such other uses
			 is declared to be prejudicial to the public interest and the granting of
			 applications for such other uses would be contrary to the integrated and
			 coordinated program for the use and control of the water resources of the
			 state;
(c) Structures or works for
			 the utilization of the waters in accordance with the aforementioned
			 classifications are also declared to be prejudicial to the public interest
			 unless planned, constructed and operated in conformity with the applicable
			 provisions of ORS 536.310 and any such structures
			 or works are further declared to be prejudicial to the public interest which do
			 not give proper cognizance to the multiple-purpose concept.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 505 - DESCHUTES BASIN PROGRAM › Section 690-505-0040 - Lower Crooked River Basin

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Classifications:
(a) The maximum economic
			 development of this state, the attainment of the highest and best use of the
			 waters of the Deschutes - Lower Crooked River Basin, and the attainment of an
			 integrated and coordinated program for the benefit of the state as a whole will
			 be furthered through utilization of the aforementioned waters only for
			 domestic, livestock, municipal, irrigation, power development, industrial,
			 mining, recreation, wildlife and fish life uses and the waters of the Deschutes
			 - Lower Crooked River Basin are hereby so classified with the following
			 exceptions:
(A) OAR 690-505-0050, Lower Main
			 Stem Deschutes River, adopted April 3, 1964, as modified by the Water Policy
			 Review Board;
(B) No further
			 appropriations except for domestic or livestock uses shall be made or granted
			 by any state agency for the waters of Ochoco Creek and its
			 tributaries.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 505 - DESCHUTES BASIN PROGRAM › Section 690-505-0400 - Ground Water Classification

Current through Register Vol. 63, No. 7, July 1, 2024
Ground water in the Deschutes Basin is classified for any
				beneficial use.
Stat. Auth.: ORS
				  536.027, ORS
				  536.220, ORS
				  536.300 ORS
				  536.340
Stats. Implemented: ORS
				  390.835, Ch. 659 2001 OL HB
				  2184
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 505 - DESCHUTES BASIN PROGRAM › Section 690-505-0600 - Purpose and Applicability of Ground Water Mitigation Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the
			 Deschutes Basin, a joint study of ground water resources by the Department and
			 U.S. Geological Survey has established a hydraulic connection between ground
			 water and surface water within the Deschutes Ground Water Study Area (Ground
			 Water Hydrology of the Upper Deschutes Basin, Oregon, Water Resources
			 Investigations Report 00-4162, Portland, Oregon, 2001). Based on the
			 conclusions of the study, the Department has determined that ground water
			 appropriations within the Deschutes Ground Water Study Area have the potential
			 for substantial interference with surface water rights as described in OAR
			 chapter 690, division 9, and will measurably reduce scenic waterway flows as
			 defined in ORS 390.835 unless mitigation is
			 provided pursuant to the rules in this Division.
(2) These rules implement Senate Bill 1033
			 (1995, Legislative Assembly), codified as ORS
			 390.835 to provide for
			 mitigation of impacts to scenic waterway flows and senior water rights while
			 allowing additional qualifying appropriations of ground water in the Deschutes
			 Basin.
(3) The rules in OAR
			 690-505-0610  through 690-505-0630  establish the mitigation process for pending
			 and future ground water permit applications in the Deschutes Ground Water Study
			 Area. Without mitigation, the Department is required by law to deny ground
			 water permit applications in the Deschutes Ground Water Study Area.
(4) Holders of existing ground water permits
			 and associated certificates in the Deschutes Ground Water Study Area issued
			 after July 19, 1995, with priority dates after April 19, 1991, that are
			 specifically conditioned to allow regulation for measurable reduction of a
			 state scenic waterway and that choose to provide mitigation meeting the
			 standards of these rules shall not be subject to regulation for scenic waterway
			 flows pursuant to ORS
			 390.835(9). A
			 ground water permit or certificate for which a mitigation project has been
			 approved by the Department prior to the effective date of these rules shall not
			 be subject to regulation for scenic waterway flows pursuant to ORS
			 390.835(9).
Stat. Auth.: ORS
				  536.027 & ORS
				  390.835
Stats. Implemented: ORS
				  390.835, Ch. 659 2001 OL HB
				  2184
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 505 - DESCHUTES BASIN PROGRAM › Section 690-505-0605 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR 690-505-0500  through
				690-505-0630:
(1) "Allocation of
			 conserved water" means an application approved under ORS
			 537.455 to
			 537.500 and OAR chapter 690,
			 division 18 in which the Department may award mitigation credits for the
			 applicant's portion of the conserved water that is legally protected for
			 instream use resulting from conservation measures, such as canal lining and
			 piping or other improvements in the technology or method for diverting,
			 transporting, applying, or recovering water.
(2) "Consumptive use" means the Department's
			 determination of the amount of a ground water appropriation that does not
			 return to surface water flows in the Deschutes Basin due to transpiration,
			 evaporation or movement to another basin.
(3) "Department" means the Oregon Water
			 Resources Department.
(4)
			 "Deschutes Ground Water Study Area" means the Deschutes River Basin drainage
			 area indicated in
Exhibit 1
.
(5) "General zone of impact" means anywhere
			 above the Madras gage on the Lower Deschutes River or, for wells determined by
			 the Department to have a localized impact on surface water, anywhere within the
			 impacted subbasin of the Deschutes River including the Metolius, Squaw Creek,
			 Little Deschutes, and Crooked River subbasins as identified by the
			 Department.
(6) "Ground water use
			 subject to transfer" means a ground water use established by:
(a) A water right certificate;
(b) A water use permit for which a request
			 for issuance of a water right certificate under ORS
			 537.250 has been received and
			 approved by the Water Resources Commission under ORS
			 537.250; or
(c) A transfer application for which an order
			 approving the change has been issued under ORS
			 540.530 and for which proper
			 proof of completion of the change has been filed with the Water Resources
			 Commission.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 505 - DESCHUTES BASIN PROGRAM › Section 690-505-0610 - Mitigation Obligation and Mitigation Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (6), (7)
			 and (8) of this rule, the Department may only approve a ground water permit
			 application in the Deschutes Ground Water Study Area if mitigation is provided
			 pursuant to these rules.
(2) A
			 mitigation obligation may be satisfied by obtaining mitigation credits or by
			 providing for implementation of a mitigation project.
(3) Mitigation projects may include:
(a) The allocation of conserved water
			 provided under ORS 537.455 to
			 537.500 and OAR chapter 690,
			 division 18, where the applicant's portion of the conserved water is allocated
			 and legally protected for instream use;
(b) The transfer of an existing water right
			 to an instream use if the water right to be transferred is also lawfully
			 eligible for transfer to another out-of-stream use, and for mitigation banks,
			 the time-limited transfer or lease of an existing water right to instream use
			 under ORS 537.348 and OAR chapter 690,
			 division 77;
(c) A permit to
			 appropriate water for the purpose of artificial recharge of a ground water
			 reservoir pursuant to ORS
			 537.135 and OAR chapter 690,
			 division 350;
(d) A secondary
			 permit to use stored water from an existing reservoir obtained pursuant to ORS
			 537.130 to
			 537.211 and OAR chapter 690,
			 division 310, provided the secondary permit is for instream use; or
(e) Other projects approved by the Department
			 that result in mitigation water.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 505 - DESCHUTES BASIN PROGRAM › Section 690-505-0615 - Notice of Mitigation Obligation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall provide notice of
			 the mitigation obligation to ground water permit applicants. The notice shall:
(a) State that mitigation must be provided
			 before a permit may be issued for a water right application approved under ORS
			 537.621 to
			 537.626;
(b) Identify the amount and location of the
			 mitigation obligation; and
(c)
			 Identify mitigation banks as potential means of providing mitigation.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 505 - DESCHUTES BASIN PROGRAM › Section 690-505-0620 - Ground Water Permit and Final Order Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any final order approving a ground water
			 permit application and the associated permit and certificate issued subsequent
			 to a notice of mitigation obligation under 690-505-0615(1)  shall, as
			 appropriate:
(a) Specify the amount and
			 location of the mitigation obligation;
(b) Require that mitigation water be legally
			 protected instream for instream use before the permit will be issued;
(c) Require that mitigation water be
			 committed for the life of the permit and subsequent certificate;
(d) Require installation of a measuring
			 device, monthly recording of water use and annual reporting of water
			 use;
(e) If the mitigation is from
			 a secondary right for stored water from a storage project not owned or operated
			 by the ground water permit applicant, require maintenance of a contract for the
			 use of the water with the owner/operator of the storage project;
(f) Provide for regulation and/or
			 cancellation if the required mitigation is not maintained; and
(g) Require additional mitigation if the
			 Department determines that average annual consumptive use of the subject
			 appropriation has increased beyond the originally mitigated amount.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 505 - DESCHUTES BASIN PROGRAM › Section 690-505-0625 - Municipal and Quasi-municipal Ground Water Permit Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Municipal or
			 quasi-municipal ground water permit applicants may satisfy a mitigation
			 obligation by incrementally obtaining and providing mitigation to coincide with
			 the incremental development of the permit, provided that mitigation is provided
			 prior to each stage of development of the permit and in accordance with the
			 standards under 690-505-0610(2)-(5). Municipal or quasi-municipal ground water
			 permit applicants interested in incremental mitigation shall:
(a) Submit an incremental development plan to
			 the Department as part of the response to a notice of mitigation obligation
			 under OAR 690-505-0615. The plan shall indicate a time schedule for the
			 development of the permit and indicate proposed sources of mitigation that will
			 be obtained and used prior to each stage of development;
(b) Report to the Department the progress of
			 implementing the incremental development plan in accordance with a reporting
			 schedule identified in the final order approving the water right permit under
			 OAR 690-310-0200; and
(c) Submit a
			 new or updated Water Management and Conservation Plan pursuant to OAR chapter
			 690, division 86.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 505 - DESCHUTES BASIN PROGRAM › Section 690-505-0630 - Additional Findings of Department When Mitigation is Provided

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a ground
			 water permit applicant satisfies the mitigation obligation, notwithstanding OAR
			 chapter 690, division 9, for the purposes of OAR chapter 690, divisions 33,
			 310, 400, and 410, the proposed ground water appropriation is deemed to be a
			 ground water appropriation that does not have the potential for substantial
			 interference with surface water.
(2) The Department shall include the Oregon
			 State Parks and Recreation Department and the Division of State Lands in the
			 interagency review team process under OAR chapter 690, division 33, and use the
			 interagency review team process to seek agency input on ground water permit
			 applications and mitigation projects in the Deschutes Ground Water Study
			 Area.
Stat. Auth.: ORS
				  536.027 & ORS
				  390.835
Stats. Implemented: ORS
				  390.835, Ch. 659 2001 OL HB
				  2184
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 506 - JOHN DAY BASIN PROGRAM › Section 690-506-0010 - Definitions and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 John Day River Basin and the Upper Mainstem, South Fork, Middle Mainstem,
			 Middle Fork, North Fork and Lower Subbasins are as shown by Water Resources
			 Department Map No. 6.6L.
(2)
			 Permitted Use, as used in OAR
			 690-506-0040,
			 means a use classified as being within the public interest, unless the Water
			 Resources Commission, acting under the review process prescribed in OAR
			 690-001-0002, finds otherwise.
(3)
(a) Conditional Use, as used in OAR
			 690-506-0040,
			 means a use that is classified as being within the public interest, unless the
			 Commission, acting under the review process prescribed in OAR 690-001-0002,
			 finds otherwise. The Department may approve an application for a permit for a
			 conditional use only if the applicant shows that:
(A) The proposed use will not conflict with
			 existing instream or out-of-stream uses classified as permitted on the affected
			 stream;
(B) The quantity of water
			 requested for the proposed use will not interfere with the objectives
			 established for permitted uses; and
(C) The proposed use will not cause violation
			 of water quality standards established for the protection of permitted
			 uses.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 506 - JOHN DAY BASIN PROGRAM › Section 690-506-0020 - Policies

Current through Register Vol. 63, No. 7, July 1, 2024
The waters of the John Day River Basin provide the public with
				important economic, social, and environmental benefits:
(1) In managing the surface and ground waters
			 of the basin the Water Resources Commission shall encourage:
(a) Increases in crop production lands
			 through:
(A) Better seasonal distribution of
			 streamflows;
(B) Protection of
			 ground water quality and quantity; and
(C) Water conservation.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 506 - JOHN DAY BASIN PROGRAM › Section 690-506-0030 - Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Basin
			 Objectives: In furtherance of the policies in OAR
			 690-506-0020, the
			 following objectives are established for meeting water resource needs in the
			 John Day River Basin:
(a) Achieve better
			 seasonal distribution of runoff to reduce high streamflows and increase low
			 streamflows:
(A) Provide for structural and
			 non-structural storage:
(i) Protect identified
			 sites from incompatible land uses through county comprehensive plans;
(ii) Protect all riparian areas and improve
			 those that are damaged;
(iii)
			 Evaluate the benefits of non-structural alternatives for
			 storage.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 506 - JOHN DAY BASIN PROGRAM › Section 690-506-0040 - Classifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 otherwise provided by the Commission, the Department shall not accept an
			 application for a permit to appropriate any of the surface or ground waters of
			 the John Day River Basin for any uses except those for which the waters are
			 classified.
(2) Except as
			 otherwise provided in this rule, the surface and ground waters of the John Day
			 River Basin are classified for domestic, livestock, municipal, ground water
			 recharge, irrigation, agricultural, power, commercial, industrial, mining, fire
			 protection, recreation, pollution abatement, wildlife, and fish life
			 uses.
(3) The waters of the natural
			 lakes of the John Day River Basin are classified for domestic, livestock,
			 irrigation of lawns or non-commercial gardens less than one-half acre, power
			 development less than 100 theoretical horsepower, fire protection, recreation,
			 pollution abatement, wildlife, fish life, and agricultural uses.
(4) The Department shall include in any
			 permit for a well producing from Quaternary Alluvium a condition that the use
			 of water from the well shall be regulated according to priority date in the
			 same manner as, and conjunctively with, surface water from the nearest
			 stream.
(5) Ground water of
			 Quaternary Alluvium is classified for the same uses as the surface water in the
			 adjacent stream.
(6) Upper Mainstem
			 Subbasin:
(a) The waters in the John Day River
			 from Rail Creek to USGS Gage 14040500 at Picture Gorge, and in the following
			 streams and all tributaries, in the Upper Mainstem Subbasin are classified for
			 the uses in subsections (b), (c), and (d) of this section:
(A) Cottonwood Creek;
(B) Canyon Creek;
(C) Beech Creek;
(D) Strawberry Creek;
(E) McClellan Creek;
(F) Fields Creek;
(G) Belshaw Creek;
(H) Moon Creek;
(I) Dog Creek;
(J) Little Pine Creek;
(K) Laycock Creek;
(L) Grub Creek;
(M) Indian Creek;
(N) Bear Creek;
(O) Dixie Creek;
(P) Deardorff Creek;
(Q) Reynolds Creek;
(R) Rail Creek;
(S) Roberts Creek.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 506 - JOHN DAY BASIN PROGRAM › Section 690-506-0050 - Minimum Perennial Streamflows

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as otherwise provided in this
			 rule, the Department shall include in each permit for appropriation of the
			 waters of any stream identified on
Table 1
, or tributaries, a
			 provision that the right shall not permit the use of waters when the streamflow
			 is less than the adopted minimum flows.
(2) For those streams listed in
Table
			 1
for which specific points of measurement are not designated, water
			 rights junior to the streamflow requirements shall be regulated as necessary to
			 maintain the flows throughout the specified reaches.
(3) For those streams listed in
Table
			 1
for which specific points of measurement are designated, water rights
			 junior to the streamflow requirements shall be regulated as necessary to
			 maintain the listed flows at the designated point of measurement. If the
			 designated point of measurement is not at the downstream end of the specified
			 stream reach, water rights junior to the streamflow requirements shall be
			 regulated as necessary to maintain the listed flows throughout the reach
			 between point of measurement and the downstream end of the reach.
(4) Exceptions:
(a) This rule shall not apply to permits for
			 appropriation for domestic or livestock use or to use of water legally stored
			 or legally released from storage;
(b) This rule shall not apply to permits for
			 appropriation for municipal uses on Bridge Creek, the South Fork John Day
			 River, and the John Day River between USGS Gage 14038530 near John Day and the
			 mouth of the North Fork John Day River;
(c) This rule shall not apply to industrial
			 use under permits with priority dates before December 2, 1986 on the John Day
			 River between USGS Gage 14038530 near John Day and the mouth of the North Fork
			 John Day River.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 506 - JOHN DAY BASIN PROGRAM › Section 690-506-0060 - Reservations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Waters of the
			 Upper Mainstem Subbasin: Any application for a permit to store water in the
			 subbasin for use in supplying irrigation uses or to meet adopted minimum
			 perennial streamflow levels up to a total of 8,120 acre-feet shall be reserved
			 for future appropriation effective January 30, 1987.
(2) Waters of the Middle Mainstem Subbasin:
			 Any application for a permit to store water in the subbasin for use in
			 supplying irrigation uses or to meet adopted minimum perennial streamflow
			 levels up to a total of 4,180 acre-feet shall be reserved for future
			 appropriation effective January 30, 1987.
(3) Waters of the Middle Fork Subbasin: Any
			 application for a permit to store water in the subbasin for use in supplying
			 irrigation uses or to meet adopted minimum perennial streamflow levels up to a
			 total of 18,430 acre-feet shall be reserved for future appropriation effective
			 January 30, 1987.
(4) Waters of the
			 North Fork Subbasin: Any application for a permit to store water in the
			 subbasin for use in supplying irrigation uses or to meet adopted minimum
			 perennial streamflow levels up to a total of 21,420 acre-feet shall be reserved
			 for future appropriation effective January 30, 1987.
(5) Waters of the Lower Subbasin: Any
			 application for a permit to store water in the area drained by Rock Creek for
			 use in supplying irrigation uses up to a total of 5,700 acre-feet shall be
			 reserved for future appropriation effective January 30, 1987.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 506 - JOHN DAY BASIN PROGRAM › Section 690-506-0070 - Water Quality Control

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall include in any water right a condition
				that the use of water under the right is contingent upon continuing compliance
				with the conditions of any required discharge permit for water quality control
				held by the water right permittee.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 506 - JOHN DAY BASIN PROGRAM › Section 690-506-0080 - Storage of Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 application for a permit to store water on a stream with uses classified as
			 conditional shall be subject to the standards and review process in OAR
			 690-506-0010(3).
(2) The Department shall not accept an
			 application to store or impound water within the John Day Scenic Waterway as
			 defined in OAR Chapter 736, Division 40.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 507 - UMATILLA BASIN PROGRAM › Section 690-507-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following meanings apply to the terms as used in these
				rules for the Umatilla Basin Program. Other rules of the Department may define
				these words differently:
(1)
			 "Classification" or "Classified" means the allowed and preferred beneficial
			 use(s) of a given surface or groundwater source for which future appropriations
			 of water shall be permitted.
(2)
			 "Commission" means the Water Resources Commission.
(3) "Department" means the Oregon Water
			 Resources Department.
(4)
			 "Director" means the Water Resources Director.
(5) "Minimum Perennial Streamflow" or
			 "Minimum Streamflow" means an administrative rule that establishes a flow
			 necessary to support aquatic life, recreation or minimize pollution. The rule
			 includes a priority date and specifies streamflow levels for all or any period
			 of the year. It establishes priority for instream use over future
			 appropriations and identifies flow objectives for future management in streams
			 where shortages occur.
(6)
			 "Statutorily Exempt Groundwater Uses" means those uses for which no groundwater
			 application, permit, or certificate is required under ORS
			 537.545. These uses are for:
(a) Stockwatering purposes;
(b) Watering any lawn or noncommercial garden
			 not exceeding one-half acre in area;
(c) Watering the grounds, three acres in size
			 or less, or schools that have less than 100 students and that are located in
			 cities with a population of less than 10,000;
(d) Single or group domestic purpose in an
			 amount not exceeding 15,000 gallons a day;
(e) Down-hole heat exchange purposes; or
(f) Any single industrial or
			 commercial purpose in an amount not exceeding 5,000 gallons a day.