Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 12 - OUT-OF-BASIN DIVERSION › Section 690-012-0040 - Standards and Information Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
In order for an out-of-basin-diversion application to be
				approved, the standards and requirements in sections (1) through (8) of this
				rule shall be met to the Commission's satisfaction. The Commission shall decide
				if each standard is met based on information provided in the application,
				during the public hearing and in written comments received within 20 days after
				the date of the final public hearing. Information required in the application
				shall include, at a minimum, those items listed for each standard in sections
				(1) through (8) of this rule. Except where the rules specify otherwise, this
				information shall address conditions for the basin of origin as a whole and for
				the specific surface or groundwater source proposed for diversion. Information
				for the basin of origin as a whole may be general in content. Information for
				the specific surface or groundwater source affected shall be detailed. In
				applying the standards, the Commission may make allowances where existing
				information is incomplete, does not exist, or is inadequate to clearly meet the
				standard. The information required under this rule is in addition to any other
				information required on applications under the Commission's rules on
				Applications and Permits, OAR Chapter 690, Division 11 and Water Right
				Transfers, OAR Chapter 690, Division 15.
(1) In order to be approved, an
			 out-of-basin-diversion application shall demonstrate to the Commission's
			 satisfaction, the amount of water in the basin of origin available for future
			 appropriation in the basin of origin and for the proposed use. In demonstrating
			 water availability, the application shall include an analysis of:
(a) Annual and monthly discharge for the
			 basin as a whole and for the specific surface or groundwater source proposed
			 for diversion. Analysis shall include at least the 80 percent frequency
			 discharges and reflect both natural (without storage or diversion) and
			 regulated conditions at the mouth and the point of diversion. Discharge shall
			 be expressed in units of cubic feet per second and acre feet;
(b) Groundwater in storage and amount of
			 annual recharge for the basin as a whole and for the specific groundwater
			 source proposed for diversion. The evaluation shall indicate whether the
			 recharge is natural or artificial. If groundwater recharge is artificial, the
			 source of the recharge water shall be identified. Volumes of water shall be
			 expressed in units of acre feet;
(c) Existing water rights for the basin as a
			 whole and for the specific surface or groundwater source proposed for
			 diversion. Separate summaries shall be prepared for surface water and
			 groundwater rights. Each summary shall provide a breakdown of water rights by
			 use category, quantity of rights in terms of cfs, and by season of use
			 (irrigation season). The summary shall include minimum streamflows, instream
			 water rights and reservations of water;
(d) Water use for the basin as a whole and
			 for the specific surface or groundwater source proposed for diversion. Analysis
			 shall include an evaluation of water use based on actual measurements, water
			 use reports and estimates. The evaluation shall cover all major water use
			 (beneficial use) categories, both consumptive and nonconsumptive. For each
			 water use category, the analysis shall indicate the amount of water used
			 annually and monthly. Water use shall be expressed in terms of cubic feet per
			 second and acre feet. If the evaluation of water use is based on measurements
			 or reported data, the analysis shall describe the measurement techniques and
			 cite the sources of the reported data. If water use is estimated, the analysis
			 shall describe the information used and all assumptions made in enough detail
			 to permit the Department to verify the accuracy of the estimate;
(e) Water availability for the basin as a
			 whole and for the specific surface or groundwater source proposed for
			 diversion. Water shall be considered available for any given period of time
			 only if the flow that occurs four out of five years (80% frequency) during the
			 period exceeds expected water use by all water rights. An analysis of water
			 availability shall be based on the information required in subsections (a)
			 through (d) of this section. The analysis shall include a statement of water
			 available on an annual and monthly basis. Available water shall be stated in
			 terms of cubic feet per second and acre feet;
(f) Legislative and administrative
			 restrictions on water use for the basin as a whole and for the specific surface
			 or groundwater source proposed for diversion. Analysis shall include
			 determinations of flow and water volume contributed by surface or groundwater
			 sources protected from appropriation by legislation or Gubernatorial
			 designation. Elements included in this analysis shall include:
(A) Legislative withdrawals and
			 grants;
(B) State scenic
			 waterways;
(C) State Engineer
			 withdrawals;
(D) Commission
			 withdrawals.