reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0070 - Application for Instream Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As provided in ORS
			 537.348(1), any
			 person may apply for an instream transfer, including a time-limited instream
			 transfer.
(2) In addition to the
			 transfer application requirements described in OAR
			 690-380-3000,
			 an instream transfer application shall include the following information:
(a) Public use(s) for which the instream
			 right is desired;
(b) Description
			 of the time periods of the instream use and quantity of water to be transferred
			 to instream use;
(c) The location
			 of the proposed instream use. If a reach or lake level is requested, identify
			 the upstream and downstream extent of the reach or the appropriate lake
			 level;
(d) Recommendations, if any,
			 for conditions on the instream water right that would avoid taking away or
			 impairing existing permitted, certificated or decreed rights. Such conditions
			 may include, but are not limited to the instream flow levels in cfs per month
			 or total acre feet, the effective reach(es) or lake levels of the instream
			 flow, measuring locations and the strategy for monitoring the instream flow or
			 lake levels;
(e) If an instream
			 water right exists on the same reach(es) or lake, or on portions thereof, a
			 statement of whether the proposed conversion is intended to add to the amounts
			 of the existing instream water rights or to replace a later priority instream
			 right, or portion thereof, with an earlier priority right;
(f) For a time-limited instream transfer, the
			 duration or number of years for which the time-limited instream transfer is
			 being requested.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0075 - Processing an Instream Transfer Application

Current through Register Vol. 63, No. 7, July 1, 2024
A proposed instream transfer, including a time-limited instream
				transfer, of a water use subject to transfer to an instream water right shall
				be processed pursuant to the water rights transfer rules in OAR chapter 690,
				division 380 and the following provisions:
(1) The Department shall provide notice of
			 the proposed instream transfer pursuant to OAR 690-380-4000, and to affected
			 Indian tribes.
(2) In addition to
			 the assessment described in OAR 690-380-4010, the Department's preliminary
			 determination shall include an assessment of whether:
(a) The amount and timing of the proposed
			 instream flow is allowable within the limits and use, including return flows,
			 of the original water right; and
(b) The proposed reach(es) is (are)
			 appropriate considering:
(A) Instream water
			 rights shall begin at the recorded point of diversion;
(B) Locations of return flow. Where return
			 flows occur at a definite point, a substantial distance below the point of
			 diversion, an instream water right may be defined by more than one reach, for
			 example one reach from the point of diversion to the location of the return
			 flow and another from this point to the mouth of the stream;
(C) The location of confluences with other
			 streams downstream of the point of diversion, which shall be considered in
			 accordance with OAR 690-077-0015(8);
(D) Any known areas of natural loss of
			 streamflow to the river bed. Where an instream water right passes through an
			 area of known natural loss several reaches may be required to incorporate the
			 reduced flows available, in accordance with paragraph (2)(c)(B) of this
			 rule.
(c) The proposed
			 flow(s) is (are) consistent with OAR 690-077-0015(7), (8) and (11), shall
			 provide a public benefit for an instream use, and be appropriate considering:
(A) Return flows which shall be subtracted
			 from the instream water right at the old point of diversion, unless the return
			 flows occur at a definite point a substantial distance below the old point of
			 diversion, in which case up to the entire amount of the diversion may be
			 allowed between the point of diversion and the point(s) of return flow;
			 and
(B) Where an instream water
			 right passes through an area of known natural losses these losses shall be
			 prorated between the instream water right and the balance of the available
			 flow.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0076 - Application for an Instream Lease

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A holder of any of the following types of
			 water rights may enter into a lease to convert all or a portion of a water
			 right to an instream water right for a specified time period not to exceed five
			 years:
(a) Surface water rights for beneficial
			 use or storage established by a water right certificate or an adjudication
			 under ORS Chapter 539 as evidenced by court decree; or
(b) A surface 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 Director under
			 537.250, or transfer application
			 for which an order has been issued under
			 540.530 approving the change and
			 for which proper proof of completion of the change has been filed with the
			 Commission;
(c) Secondary water
			 rights for the use of stored water established by permit, certificate or court
			 decree; or
(d) The conserver's
			 portion of conserved water allocated under ORS
			 537.445 to
			 537.500.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0079 - Split Season Use Instream Leasing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant for a split season use lease
			 of water shall provide the information and follow the lease process described
			 under OAR 690-077-0076  and 690-077-0077.
(2) In addition to the application
			 requirements described in OAR 690-077-0076, split season use leases
			 applications shall:
(a) Be submitted to the
			 Department two weeks prior to water being used either for the existing purpose
			 or for the proposed instream purpose.
(b) Describe when the water will be used for
			 the existing purpose and when the water will be used for the instream purpose.
(A) The existing water use and the instream
			 use shall not be concurrent. However, a portion of a water right appurtenant to
			 one piece of land may undergo split season use, while another portion
			 appurtenant to a different piece of land may undergo only one type of use, or a
			 different time period for split season use.
(B) The type of use under a split season use
			 may be changed only once during a calendar year, except for full-year uses
			 which may have a single instream use period and two existing use
			 periods.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0080 - Cancellation or Waiving of an Instream Water Right

Current through Register Vol. 63, No. 7, July 1, 2024
(1) There is a rebuttable presumption that an
			 instream water right, or a portion thereof, that has not been put to a public
			 use for five successive years in which water was available is
			 forfeited.
(2) Upon making a
			 preliminary finding that the instream water right has been forfeited the
			 Director shall notify DEQ, ODFW, Parks, and those persons and agencies on the
			 Department's weekly mailing list of the Department's findings and of its intent
			 to cancel the instream water right. The Department shall also publish the
			 notice in the Secretary of State's bulletin once, and in a local newspaper one
			 day a week for two weeks.
(3) Any
			 person may file a protest within 60 days of publication in the Secretary of
			 State's bulletin or the local news paper.
(4) If no protest is filed in the 60 day
			 period, the Commission shall proceed with the process outlined in ORS
			 540.641(1).
(5) If a protest is filed in the 60 day
			 period, the Commission shall proceed with the process outlined in ORS
			 540.641(2).
(6) An instream water right established under
			 ORS 537.336 through
			 537.338 (OAR 690-077-0020) may
			 be canceled pursuant to ORS
			 540.621 only upon the written
			 certification from the original applicant agency(ies) that the instream water
			 right has been abandoned. Proper notification of the public shall proceed as
			 outlined in Section (2) of this rule.
(7) An instream water right shall not be
			 subject to forfeiture due to non-use when water was not available.
Stat. Auth.: ORS
				  536.025,
				  536.027,
				  536.220,
				  536.300,
				  536.310,
				  537.338 &
				  537.356 -
				  537.358
Stats. Implemented: ORS
				  536.025,
				  536.027,
				  536.220,
				  536.300,
				  536.310,
				  537.338,
				  537.356 &
				  537.358
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0090 - Drought Emergency Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
An instream water right established under the provisions of ORS
				537.332 to
				537.360 shall be subject to the
				provisions of ORS 536.730.
Stat. Auth.: ORS 536 & 537
Stats. Implemented: ORS 536 & 537
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 77 - INSTREAM WATER RIGHTS › Section 690-077-0100 - Precedence of Future Uses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 applicants for a proposed multipurpose storage project may petition the
			 Commission to establish precedence over an instream water right created through
			 OAR 690-077-0020.
(2) An applicant
			 for a right to use water for municipal purposes may petition the Commission to
			 establish precedence over an instream water right created through OAR
			 690-077-0020.
(3) A municipal
			 applicant, as defined in ORS
			 537.282, for a hydroelectric
			 project, may petition the Commission to establish precedence over an instream
			 water right created through OAR 690-077-0020.
(4) Within six months of the receipt of the
			 petition the Department shall conduct a public hearing in accordance with ORS
			 537.170. The hearing and
			 decision on precedence may occur before the final decision on the
			 permit.
(5) After the public
			 hearing the Commission shall enter an order to:
(a) Approve the requested
			 precedence;
(b) Approve the
			 requested precedence conditionally; or
(c) Deny the requested precedence.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 78 - APPLICATIONS AND PERMITS FOR CHEMICAL PROCESS MINING › Section 690-078-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Chapter 735, 1991 Session Laws required the Department to adopt
				new rules or amend existing rules for the processing of water right
				applications for use of water for chemical process mining. The purpose of this
				chapter is to describe:
(1) The
			 required contents of an application for a new water use permit for chemical
			 process mining;
(2) Department and
			 Commission procedures for reviewing, approving, conditioning or rejecting the
			 application; and
(3) Procedures for
			 the management of water use permits for chemical process mining, from approval
			 through issuance of the confirming certificate of water right.
Stat. Auth.: OL 735, 1991
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 78 - APPLICATIONS AND PERMITS FOR CHEMICAL PROCESS MINING › Section 690-078-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply in this division and to any
				permits or certificates issued under these rules:
(1) "Chemical Process Mining" means a mining
			 and processing operation for metal bearing ores that uses chemicals to
			 dis-solve metals from ore.
(2)
			 "Commission" means Oregon Water Resources Commission.
(3) "Consolidated Application" means the
			 single application filed with the Department of Geology and Mineral Industries
			 as required under Section 13, Chapter 735, 1991 Oregon Laws.
(4) "Cooperating Agency" means an agency that
			 has statutory responsibility related to a chemical process mine but that does
			 not issue a permit for the mining process.
(5) "Department" means Oregon Water Resources
			 Department.
(6) "DOGAMI" means
			 Department of Geology and Mineral Industries.
(7) "Environmental Evaluation" means an
			 analysis of specific impacts of the chemical process mine operation that allow
			 affected agencies to develop permit conditions.
(8) "Permitting Agency" means an agency that
			 has a separate permitting authority for some element of a chemical process
			 mine.
(9) "Project Coordinating
			 Committee" means the interagency governmental committee that shares information
			 and coordinates county, state and federal permitting requirements, facilitates
			 the exchange of ideas, optimizes communication and avoids duplicate effort.
(10) "Suspension of Water Use
			 Permit" means that water cannot be appropriated under a permit or certificate
			 issued under these rules because the operator of the mine has not increased the
			 bond to cover the additional reclamation costs. The suspension will be lifted
			 when the operator posts the additional bond security.
(11) "Technical Review Team" means the
			 interagency governmental committee that determines baseline data methodology
			 guidelines and coordinates the use of the data.
Stat. Auth.: OL 735. 1991
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 78 - APPLICATIONS AND PERMITS FOR CHEMICAL PROCESS MINING › Section 690-078-0020 - Water Use Permit Applications for Chemical Process Mining

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State
			 Department of Geology and Mineral Industries is responsible for coordinating
			 the activities of affected agencies related to the consolidated application for
			 chemical process mining.
(2) If a
			 water use application for chemical process mining is submitted to the
			 Department and such use is not clearly defined as an allowable use under the
			 applicable basin program, the Director shall review the basin program policies
			 and objectives and determine whether the proposed use is an allowable use
			 within one of the allowed categories of use.
(3) If the Director is unable to make the
			 necessary determination, or if the applicant is not satisfied with the
			 Director's determination, the question shall be referred to the Commission for
			 determination.
Stat. Auth.: OL 735, 1991
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 78 - APPLICATIONS AND PERMITS FOR CHEMICAL PROCESS MINING › Section 690-078-0030 - Information Required to File a Water Use Permit Application for Chemical Process Mining

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall accept applications for filing and thereby
				establish a tentative date of priority to appropriate the waters of the State
				of Oregon for chemical process mining when the application is on forms provided
				or approved by the Department, is accompanied by the examination fee required
				by ORS 536.050, and contains or is
				accompanied by the following information:
(1) Name and mailing address of the
			 applicant(s).
(2) Source(s) of the
			 water from which use is proposed.
(3) Quantity of water to be
			 appropriated.
(4) A map showing the
			 location of the proposed water use, prepared by a certified water rights
			 examiner, or such other information as may be necessary to establishing the
			 location of the proposed point of diversion and place of use to the proper
			 quarter-quarter section, township and range, prepared in manner described in
			 OAR
			 690-078-0080.
(5) Nature of the use(s).
(6) Name and mailing address of the legal
			 owner of the property upon which any portion of the proposed development will
			 occur, if other than the applicant.
(7) An explanation of why the information
			 listed in OAR
			 690-078-0040  for surface and groundwater applications or in OAR
			 690-078-0050  for reservoir applications does not apply to the proposed use.
(8) Land use information as outlined in the
			 Department's
Land Use Planning Procedures Guide
or as a receipt
			 signed and dated by a local government official acknowledging the land use
			 information request was received by the local planning department.
(9) Signature of the applicant(s) and if the
			 applicant is a public agency, corporation or business, the title or authority
			 of the signatory.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: OL 735, 1991
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 78 - APPLICATIONS AND PERMITS FOR CHEMICAL PROCESS MINING › Section 690-078-0040 - Information Required to Process a Water Use Permit Application for Chemical Process Mining

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to processing, applications to appropriate surface waters
				or groundwaters of the State of Oregon for chemical process mining shall
				include:
(1) Proposed dates for the
			 beginning of construction, completion of construction, and complete application
			 of the water.
(2) A map of the
			 proposed place of water use prepared by a certified water right examiner in
			 accordance with OAR 690-014-0150 and
			 690-078-0080.
(3) A copy of the legal description of the
			 property on which the water is to be used.
(4) A copy of the well constructor's log, if
			 available, for any well already constructed.
(5) A description, including drawings if
			 required by the Department, of the proposed means of diversion, construction,
			 and operation of the diversion works and transmission of the appropriated
			 waters, including provisions, if any, to measure the amount diverted, to
			 prevent damage to aquatic life, to prevent the discharge of contaminated water
			 to a surface stream or to prevent damage to public uses of affected surface
			 waters.
(6) The horizontal distance
			 from the proposed point of groundwater appropriation to the nearest surface
			 water source, if less than one mile, and the difference in land surface
			 elevation between them.
(7) Land
			 use information as outlined in the Department's
Land Use Planning
			 Procedures Guide
. If the land use information is not postmarked, or
			 received by the Department, within 60 days of request, as evidenced by the
			 receipt required in OAR
			 690-078-0030(8),
			 the Department shall conclude that the requirement for obtaining land use
			 information has been met and may proceed with processing the
			 application.
(8) A copy of written
			 authorization or easement permitting access to land not owned by the applicant
			 and crossed by the proposed ditch, canal or other work.
(9) A complete water balance for the project,
			 including but not limited to estimates of evaporation, precipitation at the
			 site, seepage, discharge and make-up water.
(10) Such other information as the Department
			 or Commission deems necessary.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: OL 735, 1991
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 78 - APPLICATIONS AND PERMITS FOR CHEMICAL PROCESS MINING › Section 690-078-0050 - Information Required to Process an Application for Storing Water and Constructing a Reservoir for Chemical Process Mining

Current through Register Vol. 63, No. 7, July 1, 2024
Information to accompany applications for chemical process
				mining proposing to store waters of the State of Oregon and to construct a
				reservoir, or multiple reservoirs on a single contiguous property on the same
				stream system, shall include or be accompanied by:
(1) Proposed dates for the beginning and
			 completion of construction of the reservoir.
(2) A map of the proposed place of use
			 prepared by a certified water right examiner in accordance with OAR
			 690-014-0150 and
			 690-078-0080.
(3) A copy of the legal description of the
			 property upon which the water is to be stored.
(4) A description, including drawings if
			 required by the Department, of the proposed means of diversion and operation of
			 the appropriation works and transmission of the appropriated waters, including
			 provisions, if any, to measure the amount diverted, to prevent damage to
			 aquatic life, or to prevent damage to public uses of affected surface
			 waters.
(5) Plans, specifications
			 and supporting information for the dam and impoundment area, as required in OAR
			 Chapter 690, Division 20.
(6) Land
			 use information as outlined in the Department's
Land Use Planning
			 Procedures Guide
. If the land use information is not post-marked, or
			 received by the Department, within 60 days of request, as evidenced by the
			 receipt required in OAR
			 690-078-0030(8),
			 the Department shall conclude that the requirement for obtaining land use
			 information has been met and may proceed with processing the
			 application.
(7) A copy of written
			 authorization or easement permitting access to land not owned by the applicant
			 and crossed by the proposed ditch, canal or other work.
(8) Such other information as the Department
			 or Commission deems necessary.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: OL 735, 1991
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 78 - APPLICATIONS AND PERMITS FOR CHEMICAL PROCESS MINING › Section 690-078-0060 - Processing Incomplete Applications for Chemical Process Mining

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For any
			 chemical process mining applications which do not fulfill the requirements of
			 OAR
			 690-078-0040  and/or
			 690-078-0050,
			 the Department shall:
(a) Return the
			 application to the applicant for the curing of defects if the application form
			 is incomplete; or
(b) Send a letter
			 to the applicant or certified water right examiner, as identified by the
			 applicant on the application form, describing any other deficiencies or
			 additional data being requested.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 78 - APPLICATIONS AND PERMITS FOR CHEMICAL PROCESS MINING › Section 690-078-0070 - Process for Amending Applications for Chemical Process Mining

Current through Register Vol. 63, No. 7, July 1, 2024
Chemical process mining applications may be replaced or amended
				without loss of the tentative priority date so long as the information provided
				in the application under OAR
				690-078-0030(2)
				and (3)  is not increased and (5) does not
				change. If the replacement or amendment proposes additions to or increases in
				items listed in
				690-078-0030(2),
				(3), or (5), the original proposal shall
				retain the original tentative priority date and the additions or increases
				shall be assigned a new tentative priority date, as of the date the amendment
				is received by the Department.
Stat. Auth.: OL 735, 1991
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 78 - APPLICATIONS AND PERMITS FOR CHEMICAL PROCESS MINING › Section 690-078-0080 - Map to Accompany an Application for Water Use Permit for Chemical Process Mining

Current through Register Vol. 63, No. 7, July 1, 2024
Maps submitted with applications for water use in chemical
				process mining shall be prepared by a certified water right examiner and meet
				the following criteria:
(1) The
			 application map, which is made part of the record, shall be of permanent
			 quality and drawn with sufficient clarity so as to be easily
			 reproduced.
(2) Maps shall be drawn
			 on tracing linen, tracing vellum or mylar except that maps measuring 11" x 17"
			 or smaller may be prepared on good-quality paper. All maps shall be drawn to a
			 standard, even scale of not less than 4 inches = 1 mile. Small area maps may be
			 more easily and clearly drawn to a larger scale, such as 1 inch = 400
			 feet.
(3) Four permanent-quality
			 prints of other maps, such as deed description survey maps or county assessor
			 maps, may also be used if all the required information is clearly shown on each
			 print. A single print of these may be used only if it is reproduced as a
			 transparency, such as a sepia print or on mylar film.
(4) Each copy of the map shall show clearly
			 each of the following requirements that apply to the proposed appropriation:
(a) The location of each diversion point,
			 well, or dam by reference to a recognized public land survey corner. The
			 locations may be shown by distance and bearing or by coordinates (distance
			 north or south and distance east or west from the corner);
(b) The location of all canals, ditches,
			 pipelines, or flumes;
(c) The
			 location of the place where water is to be used;
(d) The scale to which the map is drawn, the
			 section number, township, and range, and a north directional symbol.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 78 - APPLICATIONS AND PERMITS FOR CHEMICAL PROCESS MINING › Section 690-078-0090 - Processing an Application for Use of Water in Chemical Process Mining

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director
			 shall provide notice of all applications received for water use permits for
			 chemical process mining on the Department's weekly mailing list pursuant to OAR
			 690-011-0080(1).
(2) The Department
			 shall not begin deliberating on whether to issue a permit until DOGAMI receives
			 a complete consolidated application and appropriate fee. All information
			 required under OAR
			 690-078-0030  to
			 690-078-0080  shall be included as part of the consolidated application.
(3) DOGAMI is responsible for conducting a
			 public hearing under Section 15(1) of Chapter 735, 1991 Session Laws, when the
			 technical review team indicates that agencies are ready to begin preparing
			 draft permits:
(a) At the conclusion of the
			 public hearing, the Department shall assist DOGAMI in determining whether the
			 consolidated application is complete;
(b) The Department shall begin the permitting
			 process and preparation of draft permits when DOGAMI declares the consolidated
			 application to be complete and issues a notice to proceed;
(c) If the applicant is not required by the
			 Department to provide additional information as suggested at the public hearing
			 or during the comment period on the consolidated application, the Department
			 shall prepare a written response explaining why the additional information was
			 not requested;
(d) The Department
			 may continue to process the application while waiting for any required
			 additional information.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 78 - APPLICATIONS AND PERMITS FOR CHEMICAL PROCESS MINING › Section 690-078-0100 - Modification of a Permit for Use of Water for Chemical Process Mining

Current through Register Vol. 63, No. 7, July 1, 2024
The permittee, the Department, or any other permitting agency
				or cooperating agency may request modification of a water use permit for
				chemical process mining:
(1) Chemical
			 process mining permits may be modified without loss of the priority date so
			 long as the information provided in the application under OAR
			 690-078-0030(2)  does not change, (3) is not increased and
			 (5) does not change. If the replacement or amendment proposes additions to or
			 increases in items listed in
			 690-078-0030(2),
			 (3), or (5), the original proposal shall
			 retain the original priority date and the additions or increases shall be
			 assigned a new tentative priority date, as of the date the modification is
			 received by the Department.
(2) If
			 the Department, permitting agency or cooperating agency determines that the
			 permit modifications are significant under the terms of Sections 2 to 24a of
			 Chapter 735, 1991 Session Laws, the Department shall notify DOGAMI.
(3) At DOGAMI's request, the Department shall
			 assist DOGAMI in organizing and participating in a Project Coordinating
			 Committee to review the proposed modifications and determine those portions of
			 Sections 2 to 24a of Chapter 735, 1991 Session Laws with which the applicant
			 must comply.
Stat. Auth.: OL 735, 1991
Stats. Implemented:
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 78 - APPLICATIONS AND PERMITS FOR CHEMICAL PROCESS MINING › Section 690-078-0110 - Miscellaneous Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 cost of reclamation will exceed the reclamation bond posted with DOGAMI and the
			 operator does not increase the bond, the Department shall suspend the permit
			 until the additional bond is posted.
(2) If DOGAMI seeks a lien for reclamation
			 costs, the water use permit is suspended.
(3) All permits and certificates are subject
			 to the provisions of OAR 690-011-0090 through 690-011-0120 which pertain to the
			 following:
(a) Well construction;
(b) Potential regulation of a well if it
			 interferes with surface water;
(c)
			 Cancellation of primary rights;
(d)
			 Diminution of a water right;
(e)
			 Supplemental rights;
(f) Assignment
			 or change of ownership of permit, groundwater registration or
			 application;
(g) Extension of time
			 limits;
(h) Cancellation of
			 permit;
(i) Proof of
			 appropriation;
(j) Request for
			 reconsideration of the contents of a proposed certificate.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 79 - RESERVATIONS OF WATER FOR FUTURE ECONOMIC DEVELOPMENT › Section 690-079-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This Division
			 establishes the procedure for state agencies to request reservations of water
			 for future economic development pursuant to ORS
			 537.356.
(2) These rules shall apply to all
			 reservation requests received by the Department after June 30, 1989.
			 Notwithstanding the provisions of OAR 690-079-0040  to 690-079-0150, any
			 reservation for which a request is received by the Department prior to June 5,
			 1992, and which is approved under these rules, shall receive a priority date of
			 June 5, 1992, provided information that conforms to the provision of OAR
			 690-079-0060  are received by the Department prior to January 1, 1995. For
			 purposes of this rule, the request for a reservation of water in the Willamette
			 Basin for municipal purposes and the request for a reservation of water in the
			 Willamette Basin for agricultural purposes, both of which were referenced in
			 the Commission's Willamette Basin Plan as adopted on January 31, 1992, shall be
			 considered requests received by the Department prior to June 5, 1992.
(3) This Division also establishes
			 procedures to consider applications to extend reservations established in basin
			 program rules as provided in OAR 690-079-0160. OAR 690-079-0020  to 0150 does
			 not apply to requests for extensions of reservations, which were originally
			 established in basin program rules pursuant to ORS
			 537.249 or
			 537.356.
Stat. Auth.: ORS
				  536.025,
				  536.027,
				  536.220,
				  536.300,
				  536.310,
				  537.170,
				  537.249,
				  537.338 &
				  537.356 -
				  537.358
Stats. Implemented: ORS
				  536.220,
				  536.310,
				  537.249,
				  537.356,
				  537.358
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 79 - RESERVATIONS OF WATER FOR FUTURE ECONOMIC DEVELOPMENT › Section 690-079-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this Division:
(1) "Affected Local Government" means any
			 local government, as defined in OAR 690-050-0015, within whose jurisdiction the
			 diversion, conveyance, instream or out-of-stream use, or reservation of water
			 is proposed or established.
(2)
			 "Commission" means the Water Resources Commission.
(3) "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
			 183.413 -
			 183.497 and OAR Chapter 690,
			 Division 1.
(4) "Department" means
			 the Water Resources Department.
(5)
			 "Director" means the Director of the Water Resources Department.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 79 - RESERVATIONS OF WATER FOR FUTURE ECONOMIC DEVELOPMENT › Section 690-079-0030 - Request for Reservation

Current through Register Vol. 63, No. 7, July 1, 2024
Any state agency may request that the Commission establish a
				reservation of unappropriated water for future economic development. A
				reservation shall be established by order. The reservation shall set aside a
				quantity of water for specified uses which shall, when developed, have priority
				over all other water rights, including instream water rights, from the same
				source that are filed subsequent to the date the request for reservation is
				filed with the Department.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 79 - RESERVATIONS OF WATER FOR FUTURE ECONOMIC DEVELOPMENT › Section 690-079-0040 - Priority Date

Current through Register Vol. 63, No. 7, July 1, 2024
The order establishing the reservation shall fix the date on
				which the request for reservation was filed with the Department as the
				reservation priority date. A request for reservation will be deemed filed on
				the date it is received by the Department provided that either:
(1) The request contains all the information
			 required under OAR
			 690-079-0060;
			 or
(2) Any additional information
			 the Department deems necessary to complete the application is received by the
			 Department within 30 days of its request for additional information, or within
			 such additional time as the Department provides, not to exceed one
			 year.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 79 - RESERVATIONS OF WATER FOR FUTURE ECONOMIC DEVELOPMENT › Section 690-079-0050 - Term of Reservation and Extensions

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may approve the reservation of water for up to
				20 years. Prior to termination of the approved term of reservation, the
				applicant may apply for a time extension of up to 20 years. The proposed time
				extension shall be subject to all rule requirements and standards governing
				review of initial reservations. An approved time extension shall retain the
				priority date of the original reservation. The Commission also may require
				review of a reservation at specified time intervals during the approved
				reservation time period. For the purpose of that review, the Commission may
				require the applicant to provide evidence that the purpose, intent, and amount
				of the reservation still meet the public interest standards of OAR Chapter 690,
				Division 11.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 79 - RESERVATIONS OF WATER FOR FUTURE ECONOMIC DEVELOPMENT › Section 690-079-0060 - Information Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Requests for reservations of water for future economic
				development shall include the following information:
(1) Agency name and address;
(2) Purpose of the reservation;
(3) Amount of water proposed to be reserved
			 and evidence of water availability;
(4) Source(s) of water to supply the
			 reservation;
(5) If the reservation
			 is to be provided by existing storage, agreement to the proposed reservation by
			 the party in charge of disposition of the stored water or evidence of
			 authorization or allocation consistent with the proposed reservation;
(6) If the proposal is to reserve water to be
			 stored in a new facility, evidence that sites for the storage facility can be
			 developed and that water is available for storage;
(7) Approximate season(s) of use;
(8) Approximate location(s) of use;
(9) Evidence that the proposal is compatible
			 with overall basin program goals and policies;
(10) Identification of affected local
			 governments and copies of letters notifying each local government of the intent
			 to file a reservation request accompanied by a description of the reservation
			 proposal;
(11) Intended types of
			 use(s) of the reserved water;
(12)
			 Expected duration of the reservation prior to application for use of the
			 water;
(13) Economic benefits
			 provided;
(14) Water sources
			 alternatives;
(15) Evidence that
			 the proposal does not conflict with Scenic Waterway flow
			 requirements;
(16) Evidence that
			 the proposed reservation and water use(s) will promote the beneficial use of
			 the water without waste; and
(17)
			 Potential adverse impacts on water resources.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 79 - RESERVATIONS OF WATER FOR FUTURE ECONOMIC DEVELOPMENT › Section 690-079-0070 - Notice of Reservation Request

Current through Register Vol. 63, No. 7, July 1, 2024
Within 30 days of receiving a request for reservation that is
				deemed complete by the Director, the Director shall notify:
(1) The Department of Fish and Wildlife,
			 Department of Environmental Quality, Parks and Recreation Department, Economic
			 Development Department, other affected federal and state agencies and the
			 planning department(s) of affected local governments;
(2) Affected Indian tribes; and
(3) All persons on the Department's weekly
			 mail list and reservations mail list.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 79 - RESERVATIONS OF WATER FOR FUTURE ECONOMIC DEVELOPMENT › Section 690-079-0090 - Comment Period and Land Use Compatibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A 60-day comment period shall commence on
			 the day the Department deposits the notice in the mail of the U.S. Postal
			 Service. All comments must be received by the Department on or before the end
			 of the 60-day comment period. The notice will state the date by which comments
			 must be received by the Department.
(2) The Director may presume the proposed use
			 is allowed by and compatible with the programs and plans of any agency or
			 affected local government that does not respond within the comment period shown
			 on the notice. In the event of a land use dispute as defined in OAR
			 690-005-0015  (Definitions), the Director or Commission shall follow procedures as provided
			 in OAR
			 690-005-0040  (Resolution of Land Use Disputes).
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 79 - RESERVATIONS OF WATER FOR FUTURE ECONOMIC DEVELOPMENT › Section 690-079-0100 - Review by Director

Current through Register Vol. 63, No. 7, July 1, 2024
Following the comment period established by OAR
				690-079-0090,
				the Department shall review the reservation request. The Director shall reject
				the reservation request if:
(1) The
			 reservation request does not contain all the information required by OAR
			 690-079-0060  after the applicant has been given an opportunity to cure any defects in the
			 request according to OAR
			 690-079-0040(2);
			 or
(2) The Department concludes the
			 reservation request would impair or be detrimental to the public interest based
			 on the public interest review standards of OAR Chapter 690, Division
			 11.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 79 - RESERVATIONS OF WATER FOR FUTURE ECONOMIC DEVELOPMENT › Section 690-079-0110 - Appeal of Director's Decision

Current through Register Vol. 63, No. 7, July 1, 2024
The agency requesting the reservation may file a request for
				Commission review of the Director's rejection within 60 days of notification of
				rejection of a reservation request.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 79 - RESERVATIONS OF WATER FOR FUTURE ECONOMIC DEVELOPMENT › Section 690-079-0120 - Contested Case Proceeding

Current through Register Vol. 63, No. 7, July 1, 2024
If, after the Department performs a review of the reservation
				request, the Director does not find that the requested reservation will impair
				or be detrimental to the public interest, or if the Commission reverses the
				Director's rejection of the reservation request, the Director shall initiate a
				contested case hearing on the reservation request and shall so notify the
				agency requesting the reservation and any party which submitted comments during
				the 60-day comment period.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 79 - RESERVATIONS OF WATER FOR FUTURE ECONOMIC DEVELOPMENT › Section 690-079-0130 - Public Interest Review

Current through Register Vol. 63, No. 7, July 1, 2024
The Director shall apply any applicable public interest
				standards set out in OAR Chapter 690, Division 11 to the facts developed at the
				hearing. The Director shall prepare findings and a recommendation to the
				Commission on the requested reservation. The recommendation may be to issue an
				order:
(1) Approving the requested
			 reservation;
(2) Approving a
			 reservation for a lesser amount than requested because approval of a
			 reservation in the amount requested would impair or be detrimental to the
			 public interest; or
(3) Rejecting
			 the requested reservation because it would impair or be detrimental to the
			 public interest.
(4)
			 Notwithstanding OAR 690-001-0045, the Commission shall issue the proposed
			 order, hear exceptions, and issue the final order on all reservations on which
			 a contested case hearing is held.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 79 - RESERVATIONS OF WATER FOR FUTURE ECONOMIC DEVELOPMENT › Section 690-079-0150 - Applications for Use of Reserved Water

Current through Register Vol. 63, No. 7, July 1, 2024
Applications for the use of reserved water shall comply with
				and be processed under provisions of OAR Chapter 690, Division 11, governing
				applications and permits generally. In addition to any information required
				under Division 11, an application for use of reserved water shall include a
				statement from the agency which requested the reservation that the proposed use
				is consistent with the reservation.
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 79 - RESERVATIONS OF WATER FOR FUTURE ECONOMIC DEVELOPMENT › Section 690-079-0160 - Extension of Reservations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 section establishes a process to consider extending reservations established in
			 basin program rules pursuant to ORS
			 537.249 or
			 537.356 that are set to expire
			 unless extended in rule by the Water Resources Commission.
(2) Notwithstanding OAR 690-079-0020  to
			 690-079-0150, applications to extend reservations established in basin program
			 rules shall be processed according to the provisions in this section.
(3) Prior to termination of the
			 approved term of reservation, the applicant may apply for a time extension of
			 up to 20 years from the expiration date established in rule. An approved time
			 extension shall retain the priority date of the original reservation.
(4) An application for an
			 extension shall contain the information required in OAR 690-079-0170.
(5) The Department shall provide
			 notification, accept public comment, and hold hearings as provided in ORS
			 183.335,
			 536.300(3), and
			 OAR 690, Division 1. Notice shall also be provided to Oregon Department of
			 Environmental Quality, Oregon Department of Fish and Wildlife, Oregon Parks and
			 Recreation Department, and Business Oregon. The public comment period shall be
			 no less than 30 days.
(6) In
			 considering an application to extend a reservation, the Commission shall review
			 information in the application, comments received, and information and
			 recommendations provided by the Department. The Commission may extend the
			 reservation up to 20 years unless the Commission determines the reservation is
			 no longer consistent with ORS
			 536.310 or with rules of the
			 Commission. The Commission may modify the reservation or include conditions as
			 necessary for the reservation to remain consistent with ORS
			 536.310 and the purpose of
			 reserving water for future economic development.
Stat. Auth.: ORS 536 & 537
Stats. Implemented: ORS
				  536.220,
				  536.310,
				  537.249,
				  537.356,
				  537.358
Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 79 - RESERVATIONS OF WATER FOR FUTURE ECONOMIC DEVELOPMENT › Section 690-079-0170 - Information Requirements to Request Extension of Reservations in Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Requests to extend reservations of water for future economic
				development shall include the following information:
(1) Requestor name and address;
(2) Description of the existing reservation
			 and applicable rule reference;
(3)
			 Discussion of the continued current and future need for the reservation;
(4) Description of actions taken
			 to advance development of the reservation;
(5) Discussion of challenges to developing
			 the reservation;
(6) Description
			 of actions that will need to be undertaken in the future in order to develop
			 the reservation;
(7) Information
			 on how the proposal is compatible with overall basin program goals and
			 policies;
(8) Identification of
			 affected local governments
(9)
			 Copies of letters notifying each local government of the intent to file an
			 extension request that includes a description of the reservation and statement
			 that an opportunity to provide comment will be provided at a future date;
(10) Description of expected
			 economic benefits;
(11)
			 Information on whether the reservation exists above or within a Scenic
			 Waterway;
(12) Statement that
			 explains how the reservation and proposed water use(s) will promote the
			 beneficial use of the water without waste.
Stat. Auth.: ORS 536 & 537
Stats. Implemented: ORS
				  536.220,
				  536.310,
				  537.249,
				  537.356,
				  537.358