Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 512 - MALHEUR LAKE BASIN PROGRAM PROVISION › Section 690-512-0020 - Groundwater use in the Greater Harney Valley Groundwater Area of Concern

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Greater
			 Harney Valley Groundwater Area of Concern (GHVGAC) is established to ensure
			 that groundwater in the GHVGAC is appropriated within the capacity of the
			 resource and that new appropriations of groundwater assure the maintenance of
			 reasonably stable groundwater levels and prevent depletion of the groundwater
			 resource. Current data, comprising substantial evidence, indicate that
			 groundwater levels are declining in areas of the GHVGAC. Additional allocation
			 of groundwater within the GHVGAC may exacerbate these declines. A comparison
			 between estimated annual recharge and previously allocated groundwater volumes
			 indicates that groundwater is fully allocated in some areas of the basin.
			 Subject to further study, the Department will not allocate additional
			 groundwater permits unless the permit is issued consistent with OAR 690-512
			 rules. For the purpose of this rule, the GHVGAC is as described and shown in
			 Exhibit 1.
(2) Except as provided
			 in subsections (4), (5), (6), and (7) of this section, groundwater in the
			 GHVGAC is classified only for exempt groundwater uses as specified in ORS
			 537.545.
(3) In processing applications to appropriate
			 and use groundwater within the GHVGAC, the Department may not find that the
			 proposed use will ensure the preservation of the public welfare, safety and
			 health unless the use is classified, and unless water is available for the
			 proposed new use as described in subsections (4), (5), (6), and (7) of this
			 section.
(4) Voluntary
			 Cancellations for Groundwater Availability. Notwithstanding OAR
			 690-300-0010(57)  and except for exempt groundwater uses, for the purposes of
			 processing applications pursuant to ORS
			 537.621 and OAR 690-310-0130, an
			 applicant who agrees to application of these rules to a completed pending
			 application may request the Department find that groundwater is available for
			 the proposed use(s) in the GHVGAC consistent with this subsection. In reviewing
			 an application for a permit to appropriate groundwater, the Department may find
			 that groundwater is available if:
(a) The
			 proposed use does not have the potential for substantial interference as
			 determined pursuant to OAR 690-009; and,
(b) The total rate and duty of the proposed
			 groundwater use is offset by the contemporaneous and voluntary cancellation or
			 partial cancellation of an existing primary groundwater certificate or primary
			 permit within the GHVGAC as provided in subsection (c) of this section; and,
(c) The primary groundwater
			 certificate or primary groundwater permit that is voluntarily cancelled or
			 partially cancelled is not subject to forfeiture or cancellation for non-use
			 and is equal or greater in rate, duty and acreage as compared to the rate, duty
			 and acreage of the new appropriation sought; and,
(d) The application was pending and the
			 groundwater right being cancelled was subject to transfer, permit amendment, or
			 has a pending application for an extension of time that is subsequently
			 approved, as of April 15, 2016; and the applicant has provided confirmed offset
			 water to the Department by April 15, 2019.
(e) Notwithstanding subsection (2) of this
			 section, if groundwater is available for a proposed new use consistent with
			 this subsection and if the use is the type of use described in OAR
			 690-512-0010(1), the proposed use will be considered a classified use.