Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 10 - APPROPRIATION AND USE OF GROUND WATER › Section 690-010-0170 - Initial Notification of Proposed Corrective Control Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At any time after the Commission adopts a
			 rule designating a critical groundwater area, the Commission may initiate a
			 contested case proceeding to propose limitation on existing groundwater rights
			 or limitations on existing exempt users in the designated area. A contested
			 case hearing shall be initiated by issuance of an Initial Notification of
			 Proposed Corrective Control Orders followed by a Notice of Proposed Corrective
			 Control Orders.
(2) An Initial
			 Notification of Proposed Corrective Control Orders may be issued at any time
			 after the Commission adopts a rule designating a critical groundwater area, and
			 prior to issuing a Notice of Proposed Corrective Control Orders. The Initial
			 Notification of Proposed Corrective Control Orders shall identify corrective
			 control provisions as specified in ORS 537.742(2)(a) - (f) that the Department
			 believes will resolve the problems that resulted in the designation of a
			 critical groundwater area and will form the basis of a Notice of Proposed
			 Corrective Control Orders as provided in OAR 690-010-0180.
(3) The proposed corrective control
			 provisions that limit the use of groundwater in the critical groundwater area
			 that may be included in the Initial Notification of Proposed Corrective Control
			 Orders are as follows:
(a) A provision
			 apportioning the permissible total withdrawal as established by rule under ORS
			 537.730, among the appropriators holding valid rights to groundwater in the
			 critical area in accordance with the relative dates of priority of such
			 rights;
(b) A provision according
			 preference, without reference to relative priorities, to withdrawals of
			 groundwater in the critical area for residential and livestock watering
			 purposes first. Thereafter, the commission may authorize withdrawals of ground
			 water in the critical area for other beneficial purposes, including
			 agricultural, industrial, municipal other than residential, and recreational
			 purposes, in such order as the commission considers advisable under the
			 circumstances, so long as such withdrawal will not materially affect a properly
			 designed and operating well with prior rights that penetrates the
			 aquifer;
(c) A provision reducing
			 the permissible withdrawal of groundwater by any one or more appropriators or
			 wells in the critical area;
(d)
			 Where two or more wells in the critical area are used by the same appropriator,
			 a provision adjusting the total permissible withdrawal of groundwater by such
			 appropriator, or a provision forbidding the use of one or more of such wells
			 completely;
(e) A provision
			 requiring the abatement, in whole or part, or the sealing of any well in the
			 critical area responsible for the admission of polluting materials into the
			 groundwater supply or responsible for the progressive impairment of the quality
			 of the groundwater supply by dispersing polluting materials that have entered
			 the groundwater supply previously;
(f) A provision requiring and specifying a
			 system of rotation of use of groundwater in the critical area.