Oregon Administrative Rules › Chapter 690 - WATER RESOURCES DEPARTMENT › Division 410 - STATEWIDE WATER RESOURCE MANAGEMENT › Section 690-410-0010 - Groundwater Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Policy - The
			 groundwaters of the State of Oregon belong to the public. The reasonable
			 control, protection, and use of groundwater is governed by the state on behalf
			 of the public. Groundwater shall be managed to promote efficient and
			 sustainable use for multiple purposes. Groundwater overdraft and contamination
			 shall be prevented to avoid health hazards, environmental damage, and costly
			 correction programs. Interference between groundwater uses and competing
			 groundwater and surface water uses shall be prevented and/or controlled to
			 protect the water resource and existing rights. The state shall pursue
			 restoration of contaminated groundwaters to protect present and future uses.
			 Coordinated action by federal, state and local agencies, Indian tribes, and
			 special districts, along with public education, shall be fostered to promote
			 the effective management, protection and beneficial use of
			 groundwater.
(2) Principles -
			 Programs to achieve the policy in section (1) of this rule shall be guided by
			 the following principles:
(a) Groundwater and
			 surface water shall be managed conjunctively where to do so will protect water
			 resources, existing water rights, and the public interest;
(b) Rules governing well construction,
			 maintenance, and abandonment shall provide minimum standards for protection of
			 the public welfare, safety, and health and the groundwaters of the
			 state;
(c) Water well constructors,
			 owners, and operators are responsible to construct, alter, maintain, operate,
			 and abandon wells, and any holes through which the groundwater may be
			 contaminated, in accordance with minimum statewide standards and shall
			 undertake measures necessary to prevent waste, undue interference,
			 contamination, or harm to the groundwater;
(d) Low-temperature geothermal fluids are
			 part of the groundwater resources of the state and are subject to applicable
			 laws and plans. These fluids are developed primarily for thermal
			 characteristics and may require special management approaches to promote
			 beneficial use, protect the environment and achieve other policy
			 directives;
(e) Special-area
			 designations (i.e., critical groundwater management areas, serious water
			 management areas, basin plan restriction areas) may be warranted under
			 conditions such as:
(A) Past, existing or
			 probable excessive groundwater level declines or overdraft;
(B) Substantial interference between two or
			 more wells or between groundwater and surface water uses (including public
			 instream uses), or between groundwater appropriation and geothermal
			 appropriation under ORS Chapter 522; and
(C) Groundwater contamination.
(f) Special-area designations
			 shall be invoked when site-specific standards and regulations are no longer
			 sufficient to solve or prevent the problem(s). The invoking of special-area
			 designations shall be accompanied by recommended monitoring, reporting, or
			 regulating activities to prevent, correct or control existing or potential
			 declines, overdraft, interference or contamination. Existing groundwater
			 appropriations, which are generally protected from infringement, may be
			 controlled if any of the conditions listed in subsection (2)(e) of this rule
			 are found to exist;
(g) Groundwater
			 appropriation for artificial recharge is a beneficial use and can be approved
			 if such action will not:
(A) Cause significant
			 adverse effects on the quantity or quality of the supplying and receiving water
			 sources; or
(B) Harm the public
			 interest.
(h) Ongoing
			 collection, analysis, and distribution of hydrogeologic information are
			 necessary to manage groundwater for maximum beneficial use and to protect the
			 public welfare, safety, and health;
(i) Public education programs, research, and
			 demonstration projects are needed to increase citizen awareness of groundwater
			 issues in this state; and
(j)
			 Adequate and safe supplies of groundwater for human and livestock consumption
			 are given priority over other uses during times of shortage.