Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 300 - DEFINITIONS › Section 690-300-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply in OAR chapter 690, divisions
				15, 310, 320, 330, 340, and 350 and to any permits, certificates or transfers
				issued under these rules:
(1)
			 "Affected Local Government" means any local government as defined in OAR
			 690-005-0015  within whose jurisdiction water is or would be diverted, conveyed,
			 or used under a proposed or approved permit, water right transfer, or
			 certificate.
(2) "Agricultural
			 Water Use" means the use of water related to the production of agricultural
			 products. These uses include, but are not limited to, construction, operation
			 and maintenance of agricultural facilities and livestock sanitation at farms,
			 ranches, dairies and nurseries. Examples of these uses include, but are not
			 limited to, dust control, temperature control, animal waste management, barn or
			 farm sanitation, dairy operation, and fire control. Such use shall not include
			 irrigation.
(3) "Aquatic Life Water
			 Use" means the use of water to support natural or artificial propagation and
			 sustenance of fish and other aquatic life.
(4) "Artificial Groundwater Recharge" means
			 the intentional addition of water to a groundwater reservoir by diversion from
			 another source.
(5) "Beneficial
			 Use" means the reasonably efficient use of water without waste for a purpose
			 consistent with the laws, rules and the best interests of the people of the
			 state.
(6) "Commercial Water Use"
			 means use of water related to the production, sale or delivery of goods,
			 services or commodities by a public or private entity. These uses include, but
			 are not limited to, construction, operation and maintenance of commercial
			 facilities. Examples of commercial facilities include, but are not limited to,
			 an office, resort, recreational facility, motel, hotel, gas station, kennel,
			 store, medical facility, and veterinary hospital. Examples of water uses in
			 such facilities include, but are not limited to, human consumption, sanitation,
			 food processing, and fire protection. Such uses shall not include irrigation or
			 landscape maintenance of more than 1/2 acre. Notwithstanding this definition,
			 exempt commercial water use under Division 340 does not include irrigation or
			 landscape maintenance.
(7)
			 "Comment" means a written statement concerning a particular proposed water use.
			 The comment may identify elements of the application which, in the opinion of
			 the commenter, would conflict with an existing water right or would impair or
			 be detrimental to the public interest.
(8) "Commission" means the Water Resources
			 Commission.
(9) "Contested Case"
			 means a hearing before the Department or Commission as defined in ORS
			 183.310(2) and
			 conducted according to the procedures described in ORS Chapter 53, ORS
			 183.413 -
			 183.497 and OAR Chapter 690,
			 Division 2.
(10) "Cranberry Use"
			 means all necessary beneficial uses of water for growing, protecting and
			 harvesting cranberries. Examples of these uses include, but are not limited to,
			 irrigation of cranberries or other crops in rotation, chemical application,
			 flooding for harvesting or pest control, and temperature control.
(11) "Deficiency of Rate Right" means an
			 additional right allowed from the same source for the same use at the same
			 place of use when an earlier right does not allow a full duty or rate of flow
			 of water.
(12) "Department" means
			 the Water Resources Department.
(13) "Director" means the Director of the
			 Department.
(14) "Domestic Water
			 Use" means the use of water for human consumption, household purposes, domestic
			 animal consumption that is ancillary to residential use of the property or
			 related accessory uses.
(15)
			 "Domestic Use Expanded" means the use of water, in addition to that allowed for
			 domestic use, for watering up to 1/2-acre of lawn or noncommercial
			 garden.
(16) "Drainage Basin", as
			 used in OAR 690-340-0020, 690-340-0030  and 690-340-0050, means hydrologic unit
			 delineated as a cataloging unit by the US geological Survey Office of Water
			 Data Coordination on the State Hydrologic Unit map.
(17) "Fire Protection Water Use" means the
			 use and storage of water for the purpose of extinguishing fires or reducing the
			 potential outbreak of fires.
(18)
			 "Fish Bypass Structure", as used in OAR 690-340-0010, means any pipe, flume,
			 open channel or other means of conveyance that transports fish that have
			 entered a water diversion structure back to the body of water from which the
			 fish were diverted.
(19) "Fish
			 Screen", as used in OAR 690-340-0010, means a screen, bar, rack trap or other
			 barrier at a water diversion to entrap or provide adequate protection for fish
			 populations, including related improvements necessary to insure its effective
			 operation.
(20) "Fishway," as used
			 in OAR 690-340-0010, means any structure, facility or device used to facilitate
			 upstream or downstream passage of fish through, over or around any man-made or
			 natural barrier to free movement.
(21) "Forestland and Rangeland Management,"
			 as used in Chapter 595, Oregon Laws 1993, means water used for operations
			 conducted on or pertaining to forestlands and rangelands. Such uses may
			 include, but are not limited to, reforestation, road construction and
			 maintenance, harvesting, vegetation management, and disposal of slash. Such use
			 shall not include irrigation.
(22)
			 "Groundwater Reservoir" means a designated body of standing or moving
			 groundwater as defined in ORS
			 537.515(5).
(23) "Group Domestic Water Use" means the use
			 of water for domestic water use by more than one residence or dwelling
			 unit.
(24) "Human Consumption"
			 means the use of water for the purposes of drinking, cooking, and
			 sanitation.
(25) "Industrial Water
			 Use" means the use of water associated with the processing or manufacture of a
			 product. These uses include, but are not limited to, construction, operation
			 and maintenance of an industrial site, facilities and buildings and related
			 uses. Examples of these uses include, but are not limited to, general
			 construction; road construction; non-hydroelectric power production, including
			 down-hole heat exchange and geothermal; agricultural or forest product
			 processing; and fire protection. Such use shall not include irrigation or
			 landscape maintenance of more than 1/2 acre. Notwithstanding this definition,
			 exempt industrial water use under Division 340 does not include irrigation or
			 landscape maintenance.
(26)
			 "Irrigation" means the artificial application of water to crops or plants by
			 controlled means to promote growth or nourish crops or plants. Examples of
			 these uses include, but are not limited to, watering of an agricultural crop,
			 commercial garden, tree farm, orchard, park, golf course, play field or
			 vineyard and alkali abatement.
(27)
			 "Mining Water Use" means the use of water for extraction, preliminary grading,
			 or processing of minerals or aggregate at a mining site or construction,
			 operation and maintenance of a mining site. These uses include, but are not
			 limited to, general construction, road construction, and dust control. Examples
			 of mining include, but are not limited to, aggregate, hard rock, heap leach and
			 placer mining.
(28) "Municipal
			 Corporation" means any county, city, town or district as defined in ORS
			 198.010 or
			 198.180(5) that
			 is authorized by law to supply water for usual and ordinary municipal water
			 uses.
(29) "Municipal Water Use"
			 means the delivery and use of water through the water service system of a
			 municipal corporation for all water uses usual and ordinary to such systems.
			 Examples of these water uses shall include but are not limited to domestic
			 water use, irrigation of lawns and gardens, commercial water use, industrial
			 water use, fire protection, irrigation and other water uses in park and
			 recreation facilities, and street washing. Such uses shall not include
			 generation of hydroelectric power.
(30) "Nursery Operations Use" means the use
			 of water for operation of a commercial nursery which may include temperature
			 control, watering of containerized stock, soil preparation, application of
			 chemicals or fertilizers, watering within greenhouses and uses to construct,
			 operate and maintain nursery facilities. The use of water within plant nursery
			 operations constitutes a different use from field irrigation, although that may
			 be a part of nursery use. If used for field irrigation for nursery stock, such
			 use is not restricted to the defined agricultural irrigation season.
(31) "Off-Channel" means outside a natural
			 waterway of perceptible extent which, during average water years, seasonally or
			 continuously contains moving water that flows off the property owned by the
			 applicant and has a definite bed and banks which serve to confine the water.
			 "Off-channel" may include the collection of storm water run-off, snow melt or
			 seepage which, during average water years, does not flow through a defined
			 channel and does not flow off the property owned by the applicant.
(32) "Planned" means a determination has been
			 made for a specific course of action either by a legislative, administrative or
			 budgetary action of a public body, or by engineering, design work, or other
			 investment toward approved construction by both the public and private
			 sector.
(33) "Planned Uses" means
			 the use or uses of water or land which has/have been planned as defined in this
			 section. Such uses include, but are not limited to, the uses approved in the
			 policies, provisions, and maps contained in acknowledged city and county
			 comprehensive plans and land use regulations.
(34) "Pollution Abatement or Pollution
			 Prevention Water Use" means the use of water to dilute, transport or prevent
			 pollution.
(35) "Power Development
			 Water Use" means the use of the flow of water to develop electrical or
			 mechanical power. Examples of these uses include, but are not limited to, the
			 use of water for the operation of a hydraulic ram or water wheel and
			 hydroelectric power production.
(36) "Primary Right" means the right to store
			 water in a reservoir or the water right designated by the commission as the
			 principle water supply for the authorized use, or if no designation has been
			 made, the first in time or initial appropriation.
(37) "Proposed Certificate" means a draft
			 version of a water right certificate describing the elements and extent of the
			 water right developed under the terms of a permit or transfer approval order,
			 as determined by field investigation.
(38) "Protest" means a written statement
			 expressing disagreement with a proposed final order that is filed in the manner
			 and has the content described in ORS
			 537.145 to
			 537.240.
(39) "Public Corporation" means a corporation
			 which operates subject to control by a local government entity or officers of a
			 local government and which, at least in part, is organized to serve a public
			 purpose of, and receives public funds or other support having monetary value,
			 from such government.
(40)
			 "Quasi-Municipal Water Use" means the delivery and use of water through the
			 water service system of a corporation other than a public corporation created
			 for the purpose of operating a water supply system, for those uses usual and
			 ordinary to municipal water use, or a federally recognized Indian tribe that
			 operates a water supply system for uses usual and ordinary to a municipal water
			 use. A quasi-municipal water right shall not be granted the statutory municipal
			 preferences given to a municipality under ORS
			 537.190(2),
			 537.230(1),
			 537.352,
			 537.410(2),
			 540.510(3),
			 540.610(2),
			 (3), or those preferences over minimum
			 streamflows designated in a basin program.
(41) "Rate and Duty of Water for Irrigation"
			 means the maximum flow of water in cubic feet per second or gallons per minute
			 (instantaneous rate) and the total volume of water in acre-feet per acre per
			 year that may be diverted for irrigation.
(42) "Recharge Permit" means a permit for the
			 appropriation of water for the purpose of artificial groundwater
			 recharge.
(43) "Recreation Water
			 Use" means the use of water for play, relaxation or amusement. Examples of
			 these uses include, but are not limited to boating, fishing, wading, swimming,
			 and scenic values.
(44) "Riparian
			 Area" means a zone of transition from an aquatic ecosystem to a terrestrial
			 ecosystem, dependent upon surface or subsurface water, that reveals through the
			 zone's existing or potential soil-vegetation complex, the influence of such
			 surface or subsurface water. A riparian area may be located adjacent to a lake,
			 reservoir, estuary, pothole, spring, bog, wet meadow, or ephemeral,
			 intermittent or perennial stream.
(45) "Secondary Groundwater Permit" means a
			 permit for the appropriation of groundwater which was stored through the
			 exercise of a recharge permit or certificate.
(46) "Stockwater Use" means the use of water
			 for consumption by domesticated animals and wild animals held in captivity as
			 pets or for profit.
(47) "Storage"
			 means the retention or impoundment of surface or groundwater by artificial
			 means for public or private uses and benefits.
(48) "Stored Recharge Water" means
			 groundwater which results from artificial groundwater recharge.
(49) "Storage Account" means a net volume of
			 artificially recharged groundwater which is calculated for a single recharge
			 activity from a formula specified in a single recharge permit which records
			 additions to a groundwater reservoir by artificial recharge and depletions from
			 a groundwater reservoir by pumping and natural losses.
(50) "Storm Water Management Water Use" means
			 the use or storage of water in any structure or drainage way that is designed,
			 constructed and maintained to collect and filter, retain or detain surface
			 water runoff during and after a storm event for the purpose of water quality
			 improvement, flood control or property protection. It may also include, but is
			 not limited to, existing features such as wetlands, water quality swales, and
			 ponds which are maintained as storm water quality facilities.
(51) "Stream or Riparian Area Enhancement
			 Water Use" means the use of water to restore or enhance a stream or riparian
			 area.
(52) "Supplemental Water
			 Right or Supplemental Water Use Permit" means an additional appropriation of
			 water to make up a deficiency in supply from an existing water right. A
			 supplemental water right is used in conjunction with a primary water
			 right.
(53) "Surplus Waters" means
			 all waters in excess of those needed to satisfy current existing rights and
			 minimum streamflows established by the Commission.
(54) "Temperature Control" means the use of
			 water to protect a growing crop from damage from extreme
			 temperatures.
(55) "Transfer" means
			 a change of use or place of use or point of diversion of a water
			 right.
(56) "Wastewater" means
			 water that has been diverted under an authorized water right after it is beyond
			 the control of the owner or that right but has not yet returned to the channel
			 of a natural stream. In an irrigation district, the wastewater of an individual
			 user is not subject to appropriation until it leaves the boundaries of the
			 district. Wastewater abandoned to the channel of a natural stream becomes a
			 part of that stream and is subject to appropriation.
(57) "Water is Available," when used in OAR
			 690-310-0080, 690-310-0110  and 690-310-0130, means:
(a) The requested source is not
			 over-appropriated under OAR 690-400-0010  and 690-410-0070  during any period of
			 the proposed use; or
(b) If the
			 requested source is already over-appropriated for any portion of the period of
			 use proposed in a new application:
(A) The
			 applicant can show the proposed use requires water only during the period of
			 time in which the requested source is not already over-appropriated;
(B) The applicant has obtained or has shown
			 the applicant can obtain authorization to use water from an alternate source to
			 provide water needed during any period of use in which the source is
			 over-appropriated; or
(C) If the
			 applicant has shown they can obtain authorization to use water from an
			 alternate source during the time water is unavailable, the department
			 conditions the approval of the application to require that prior to diversion
			 of water the applicant obtains authorization for use of water from the
			 alternate source.
(c)
			 For surface water applications received before July 17, 1992, the provisions of
			 subsection (a) of this section shall apply except that the determination of
			 whether a requested source is over-appropriated under OAR 690-400-0010  and
			 690-410-0070  shall be based upon whether the quantity of water available during
			 a specified period is not sufficient to meet the expected demands for all water
			 rights at least 50 percent of the time during that period.