OAR Chapter 690 — Water Resources Department

Division 1 RULEMAKING; ATTORNEY GENERAL’S MODEL RULES

Or. Admin. R. 690-001-0000 Notice

Prior to the adoption, amendment, or repeal of any permanent rule by the Water Resources Commission or the Water Resources Department, the Department must give notice of the proposed adoption, amendment, or repeal:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date;

(2) By mailing or electronic mailing a copy of the notice and a copy of the rule or an explanation of how the person or organization may acquire a copy of the rule to persons and organizations on the Water Resources Department's mailing list established pursuant to ORS 183.335(8) at least 28 days prior to the effective date;

(3) By mailing or electronic mailing to the persons specified in ORS 183.335(15) at least 49 days before the effective date; and

(4) By mailing or electronic mailing a copy of the notice to the following persons, organizations, or publications at least 28 days before the effective date:

(a) Associated Press;

(b) Persons and organizations that filed a written request for such notice with the Department; and

(5) In lieu of providing a copy of the rule or rules as proposed, the Department may provide a summary of the rule or rules and state how and where a copy may be obtained on paper, via electronic mail, or from a specified web site. If the Department posts the rule or rules on a web site, the Department must provide a web address or link sufficient to enable a person to find the rules easily. Failure to provide a web address or link in the rule summary will not affect the validity of any rule.

(6) Persons who have requested from the Department notices of proposed rulemakings may choose to receive notices by mail rather than receive the notices electronically.

History

Statutory/Other Authority: ORS 536.025, 536.027 & 183.341
Statutes/Other Implemented: ORS 183.335 & 183.341
WRD 6-2006, f. & cert. ef. 10-6-06
PAR 9-2006, f. & cert. ef. 10-9-06
WRD 2-1994, f. & cert. ef. 3-4-94
WRD 8-1992, f. & cert. ef. 6-24-92
WRD 11-1986, f. & ef. 9-30-86
WRD 1, f. & ef. 11-25-75

Or. Admin. R. 690-001-0005 Uniform and Model Rules of Procedure, Adoption

The Water Resources Commission adopted the January 1, 2008 edition of the Attorney General's Uniform and Model Rules for Rulemaking. The Water Resources Department and the Water Resources Commission must follow the Uniform and Model Rules in all matters, except where a different procedure is prescribed by statute.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the agency.]

History

Statutory/Other Authority: ORS 536.025, 536.027 & 183.341
Statutes/Other Implemented: ORS 183.341
WRD 4-2017, amend filed 12/08/2017, effective 12/08/2017
WRD 6-2006, f. & cert. ef. 10-6-06
WRD 1-1999, f. & cert. ef. 2-5-99
WRD 1-1994, f. & cert. ef. 1-14-94
WRD 8-1992, f. & cert. ef. 6-24-92
WRD 2-1992, f. & cert. ef. 2-10-92
WRD 15-1990, f. & cert. ef. 8-23-90
WRD 9-1988, f. & cert. ef. 8-5-88
WRD 6-1986, f. & ef. 11-12-86
WRD 1-1984, f. & ef. 2-1-84
WRD 2-1982, f. & ef. 1-22-82
WRD 1-1980, f. & ef. 1-9-80
WRD 8-1978, f. & ef. 10-18-78
WRD 2-1978, f. & ef. 5-1-78
WRD 3, f. & ef. 2-18-77

Division 2 PROTESTS AND CONTESTED CASES

Or. Admin. R. 690-002-0000 Scope and Purpose

Contested case hearings for the Water Resources Department are heard by administrative law judges from the Office of Administrative Hearings. The procedural rules for these hearings are provided in OAR 137-003-0501 to 137-003-0700 (the Model Rules of Procedure). The rules in this Division (division 002) are intended to supplement the Model Rules of Procedure by providing additional procedures governing requests for and conduct of contested case hearings. Other divisions of OAR chapter 690 and statutory provisions govern entitlement to a contested case hearing. Contested case proceedings must be conducted in accordance with applicable provisions of ORS chapter 183 that govern contested cases, except as otherwise provided by ORS 536.076, ORS 536.077, and these division 002 administrative rules, or as otherwise specified in the Department's statutes.

History

Statutory/Other Authority: ORS 183, ORS 536.027, ORS 536.029 & ORS 183
Statutes/Other Implemented: ORS 183, ORS 536.027, ORS 536.029, ORS 536.076 & ORS 536.077
WRD 58-2026, minor correction filed 08/03/2026, effective 08/03/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 6-2006, f. & cert. ef. 10-6-06
WRD 8-1992, f. & cert. ef. 6-24-92, Renumbered from 690-075-0000
WRD 11-1986, f. & ef. 9-30-86
WRD 4-1983, f. & ef. 8-10-83

Or. Admin. R. 690-002-0005 Applicability

(1) OAR 690-002-0000 through 690-002-0023 and 690-002-0080 through 690-002-0190 apply to all contested case hearings for the Water Resources Department, except for contested case hearings held pursuant to ORS chapter 539.

(2) OAR 690-002-0200 through 690-002-0235 apply to:

(a) A contested case hearing under a provision of ORS chapter 537 or 540 that references ORS 536.076 and 536.077.

(b) A contested case hearing on an application related to the use of water under a provision of ORS Chapter 537, 540 or 541 in which the contested case proceeding is provided for in rule or order and the rule or order refers to ORS 536.076 and 536.077.

(3) OAR 690-002-0025 through 690-002-0075 apply to contested case hearings not listed in subsection (2) of this rule, except for contested case hearings pursuant to ORS chapter 539.

(4) For cases under subsection 2, except as provided in subsections (5) and (6):

(a) These Division 2 rules apply to contested cases that have not been referred to the Office of Administrative Hearings before April 1, 2026.

(b) The Department shall use the rules in effect at the time of referral for those cases referred prior to April 1, 2026.

(5) For cases under subsection 2, the requirements of ORS 536.077, governing the filing of protests and requests for party status, apply to protests and requests for party status with deadlines on or after January 1, 2026.

(6) For protests on cases under subsection 2 that were pending on or before January 1, 2026, the Department shall provide to applicants, protestants, persons that submitted a request for standing, persons that have submitted standing statements, and persons that have requested or been granted party status mailed notice of the provisions and requirements of ORS 536.076 and 536.077. The notice shall also state that a person that submitted a request for party status before January 1, 2026, need not amend the request. The Department shall provide not less than 90 days after issuance of the notice for:

(a) A person that submitted a request for standing to request party status.

(b) A protestant to amend the protest as necessary to comply with the provisions of ORS 536.077. The amended protest may not add issues not raised in the original protest.

(7) For cases not under subsection 2, these rules will apply to protests filed on or after April 1, 2026.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027 & ORS 183
Statutes/Other Implemented: ORS 183, ORS 536.076 & ORS 536.077
WRD 6-2026, minor correction filed 07/29/2026, effective 07/29/2026
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Or. Admin. R. 690-002-0010 Definitions

The following definitions apply to OAR chapter 690, division 002:

(1) "Applicant" means a person filing an application or request for a water use permit, certificate, extension, transfer, or any other right, authorization or review provided by the Department.

(2) "Commission" means the Water Resources Commission.

(3) "Department" means the Water Resources Department.

(4) "Director" means the Director of the Water Resources Department.

(5) "Proof of Service" means a certification by the sender that the document described in the certification was provided to the recipient by hand delivery, by facsimile, by mail, or by electronic mail on a certain date and giving the recipient's name and, as applicable, the address, electronic mail address, or facsimile number to which the document was sent.

(6) "Protest" means a statement expressing disagreement with an action or proposed action by the Department that, under applicable law, may entitle the person filing the protest to become a party to a contested case hearing. For the purposes of this Division, where the Department’s statutes and rules provide for the right to request a contested case hearing, the hearing request is considered to be a “protest.” Except as provided in ORS 543.230, a protest must be in writing.

(7) "Protestant" means any person filing a protest against an action or proposed action.

History

Statutory/Other Authority: ORS 183.341, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 183.310 - 183.497, ORS 536 - 543 & ORS 536.077
WRD 27-2026, minor correction filed 07/30/2026, effective 07/30/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 6-2006, f. & cert. ef. 10-6-06
WRD 1-1996, f. & cert. ef. 1-31-96
WRD 8-1992, f. & cert. ef. 6-24-92

Or. Admin. R. 690-002-0020 Authorized Non-Attorney Representation

A party or limited party participating in a contested case hearing may be represented by an authorized representative in the manner and to the extent provided for in OAR 137-003-0555 of the Attorney General's Model Rules.

History

Statutory/Other Authority: ORS 183.341, 536.025 & 536.027
Statutes/Other Implemented: ORS 183.341 & 183.457
WRD 6-2006, f. & cert. ef. 10-6-06
WRD 8-1992, f. & cert. ef. 6-24-92, Renumbered from 690-002-0001
WRD 1-1988, f. 1-19-88, cert. ef. 2-23-88
WRD 8-1987(Temp), f. 8-27-87, ef. 8-25-87

Or. Admin. R. 690-002-0023 Agency Representation by Officer or Employee

As authorized by the Attorney General pursuant to ORS 183.452, Department officers and employees may represent the Department and Commission in the following types of contested case hearings:

(1) Civil penalty hearings under ORS 537.792 and OAR chapter 690 division 225 that may lead to imposition of a fine, well constructor license suspension/revocation, or conditions placed on a well constructor license;

(2) Civil penalty hearings under ORS 536.900 and OAR chapter 690 division 260 that may lead to imposition of a fine or order directing compliance with regulatory directives;

(3) Protested water use applications under ORS 537.170 or 537.622 and OAR chapter 690 divisions 77 or 310;

(4) Protested conversions of minimum perennial streamflows to instream water rights under OAR chapter 690 division 77;

(5) Requests for reservations of water for future economic development under OAR chapter 690 division 79;

(6) Reservoir permits issued under ORS 537.409 and exempt reservoirs under ORS 537.405;

(7) Water right certificates issued under ORS 537.260, 537.270 and 537.505 to 537.795;

(8) Water right permit and certificate cancellations under ORS 537.139, 537.260, 537.410 to 537.450, and 540.610 to 540.660;

(9) Water right transfers under ORS 540.520, 540.572 to 540.580 and permit amendments under 537.211;

(10) Non-FERC hydro projects under OAR 690 division 51 and ORS chapters 543 and 543A;

(11) Water right permit extension orders under ORS 537.230, 537.248, and 537.630;

(12) Other contested case hearings where the protested action rests in whole or in part on studies, policy recommendations, or other analysis done by Department staff and which have been approved or authorized by the Department or the Commission; and

(13) Other individual cases or categories of hearings as approved in writing by the Attorney General on an individual or category basis.

History

Statutory/Other Authority: ORS 183.341, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 183.341, ORS 183.452 & ORS 536 - 543
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 6-2006, f. & cert. ef. 10-6-06
WRD 2-2000, f. & cert. ef. 5-26-00
WRD 7-1996, f. & cert. ef. 7-23-96

Or. Admin. R. 690-002-0025 Time for Filing Protests for Protests Not Governed by OAR 690-002-0005(2)

(1) Pursuant to the Model Rules of Procedure, a protest is timely filed only if:

(a) The protest is filed by the applicable deadline; and

(b) The protest includes any statutorily required fees.

(2) Pursuant to the Model Rules of Procedure OAR 137-003-0520(1), a protest is considered filed only when actually received by the Department.

(3) A person may file a protest by electronic mail to the electronic mail address provided for submission of protests in the notice of agency action or proposed agency action to which the protestant objects. While submittal of documents by electronic mail is preferred, until the Department has an electronic payment system, payments of fees will need to be received by the Department in the mail or in person prior to the deadline. For entities that conduct frequent transactions with the Department, payment may be made through withdrawal of funds from an established customer holding account. Nothing in this section obligates the Department to establish new holding accounts or to continue to provide holding accounts.

History

Statutory/Other Authority: ORS 183.341, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 183.341, ORS 536 - 543 & ORS 536.045
WRD 28-2026, minor correction filed 07/30/2026, effective 07/30/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 6-2006, f. & cert. ef. 10-6-06
WRD 1-1996, f. & cert. ef. 1-31-96

Or. Admin. R. 690-002-0030 Form and Content of Protest for Protests Not Governed by OAR 690-002-0005(2)

(1) Except for protests specified in OAR 690-002-0005(2), or as otherwise provided in ORS chapters 543 and 543A and OAR chapter 690, divisions 51, 52, 53 and 54 relating to hydroelectric projects, a protest must be in writing, signed by the protestant or the protestant's attorney or authorized representative, include any statutory filing fee, and contain a detailed statement of:

(a) Facts sufficient to show that the protestant is entitled to the relief or action requested;

(b) The specific relief or action requested;

(c) The name and address of the protestant and other person or persons necessary to, or having a direct interest in, the proceeding;

(d) The electronic mail address of the protestant, if the protestant has an electronic mail address;

(e) The name, address, telephone number, and electronic mail address of the protestant’s attorney, if the protestant is represented by an attorney; and

(f) Citation of legal authority or basis for the claim or relief asserted or requested.

(2) Proof of service upon the person or persons whose rights or application are protested shall be attached to the original protest, unless the protestant is the sole applicant for or holder of the right.

History

Statutory/Other Authority: ORS 183.341, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 183.341, ORS 536 - 543, ORS 536.076 & ORS 536.077
WRD 29-2026, minor correction filed 07/30/2026, effective 07/30/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 6-2006, f. & cert. ef. 10-6-06
WRD 1-1996, f. & cert. ef. 1-31-96
WRD 8-1992, f. & cert. ef. 6-24-92, Renumbered from 690-001-0010
WRD 11-1986, f. & ef. 9-30-86
WRD 8-1978, f. & ef.10-18-78
WRD 4-1978, f. & ef. 5-22-78

Or. Admin. R. 690-002-0075 Scope of Hearing for Hearings Not Governed by OAR 690-002-0005(2)

The issues to be considered in a contested case hearing are limited to issues timely raised by the parties in any protests, requests for hearing, or requests for standing or party status as allowed by applicable law.

History

Statutory/Other Authority: ORS 183.341, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 183.341 & ORS 536 - 543
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 6-2006, f. & cert. ef. 10-6-06

Or. Admin. R. 690-002-0081 Contact Information

Parties must timely provide the Department with updated contact information, including any change of address or primary means of electronic communication. The contact information provided in the protest or request for party status or standing, as applicable, is presumed to be valid for the purposes of service and notification of upcoming referral to the Office of Administrative Hearings, unless timely updated by the party.

History

Statutory/Other Authority: ORS 183.341, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 183.341 & ORS 536 - 543
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Or. Admin. R. 690-002-0085 Method of Filing and Service After Referral

After referral, electronic filing and service is the default method of filing and service for contested case proceedings, except:

(1) If another form of service is required by statute or OAR 137-003-0501 through -0700, or

(2) If a party informs the Department prior to referral, or the Office of Administrative Hearings after referral, that the party will be using another method of filing and service permitted under OAR 137-003-0501 through –0700 and/or requests to be served using another method of service permitted under OAR 137-003-0501 through –0700.

History

Statutory/Other Authority: ORS 183.341, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 183.341 & ORS 536 - 543
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Or. Admin. R. 690-002-0089 Consolidation of Proceedings

One or more proposed Department actions may be consolidated into a single proceeding or bifurcated into separate proceedings at the Department’s discretion. If, prior to referral, the Department has decided on consolidation or bifurcation, the Department shall notify the parties and the Office of Administrative Hearings of its decision. A party may file a motion with the administrative law judge to consolidate or bifurcate if the Department has not notified the parties of a decision prior to referral.

History

Statutory/Other Authority: ORS 183.341, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 183.341 & ORS 536 - 543
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Or. Admin. R. 690-002-0095 Discovery

(1) Prior to or at the time of referral, the Department shall provide a copy of the agency file.

(2) Requests for admission are not an available method of discovery in contested cases subject to these rules.

(3) An administrative law judge may not order responses to more than 10 interrogatories (each subpart to count as a separate interrogatory) in a contested case subject to these rules without the Department’s written consent.

(4) Requests for production of documents are an available method of discovery in contested cases subject to these rules; provided, however, that if the Department determines that the combined response time to a party’s requests for production of documents made to the Department would exceed 30 hours of staff time, the Department may require the requesting party to make a public records request in lieu of a request for production of documents. If the Department requires a public records request and an exemption from disclosure would apply to the public records request but not to a discovery request, the Department will not apply the exemption. The Department will not charge applicable public records fees for the first 30 hours of staff time.

(5) A site visit requires the consent of the Department, the parties, and the administrative law judge.

(6) Subpoenas for the production of documents made to any party or the Department, or to any employee or agent of any party or the Department, must be issued no later than the deadline for filing a motion to compel.

(7) A public records request made to the Department is not a basis for the extension of a hearing schedule if:

(a) It is made more than two weeks after the deadline for filing a motion to compel, if the requestor did not file a motion to compel; or

(b) It is made more than two weeks after the administrative law judge’s ruling on a motion to compel, if the requestor filed a motion to compel.

History

Statutory/Other Authority: ORS 536.027, ORS 183.360 & OAR 137-003-0566(2)
Statutes/Other Implemented: ORS 536.027, ORS 183.360 & OAR 137-003-0566(2)
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Or. Admin. R. 690-002-0175 Exceptions to Proposed Orders of the Administrative Law Judge

(1) If the recommended action in the proposed order issued by the administrative law judge is adverse to any party or the Department, the party or Department may file exceptions and present argument to the Department. Exceptions must be in writing, clearly and concisely identify the portions of the proposed order excepted to, and cite to appropriate portions of the record, Commission policies, rules, or statutes which the party contends support the requested modifications.

(2) Parties must file their exceptions with the Department by any method allowed in the notice of appeal rights provided in the proposed order

(3) A party must file any exceptions within 30 days following the date of service of the proposed order on the parties to the contested case proceeding.

(4) Unless otherwise required by law, the Director must consider any exceptions to the proposed order and issue a final order.

(5) If the applicable law provides for the Commission to review any exceptions or issue the final order, the Commission may form a subcommittee to review the exceptions and provide a report prior to the Commission issuing a final order.

History

Statutory/Other Authority: ORS 183.341, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 183.341, ORS 183.470, ORS 536 – 543 & ORS 536.045
WRD 30-2026, minor correction filed 07/30/2026, effective 07/30/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 6-2006, f. & cert. ef. 10-6-06
WRD 2-2000, f. & cert. ef. 5-26-00
WRD 1-1996, f. & cert. ef. 1-31-96

Or. Admin. R. 690-002-0190 Exceptions to Final Orders of the Director

(1) Any party to a contested case hearing held pursuant to ORS 537.170 or 537.622 may file exceptions to a final order.

(a) Parties must file their exceptions with the Department in person, by mail such that they arrive by the deadline, or by electronic mail or other electronic means provided by the Department.

(b) The party must file any exceptions within 20 days following the date of service of the final order on the parties to the contested case proceeding.

(2)(a) If a party files an exception to a final order under subsection 1, the Department must refer the exceptions to the Commission.

(b) The Commission must consider the party’s arguments contained in its exceptions filed pursuant to subsection (a), and may allow and consider oral arguments by all parties to the contested case hearing, prior to issuing a final order on exceptions.

(3) Where exceptions are timely filed to the final order, within 60 days from the close of the exception period, the Commission must either issue a modified final order or deny the exceptions and affirm the final order.

History

Statutory/Other Authority: ORS 183.341, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 183.341, ORS 537.173, ORS 537.626 & ORS 536.045
WRD 31-2026, minor correction filed 07/30/2026, effective 07/30/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 6-2006, f. & cert. ef. 10-6-06

Or. Admin. R. 690-002-0200 Pre-referral Notice

The Department will notify the parties prior to referring a protest to the Office of Administrative Hearings. The Department’s notice will include a copy of the agency’s file, an offer to discuss whether there is opportunity for settlement, a proposed list of issues to be determined at hearing, and the default hearing schedule provided in OAR 690-002-0205.

History

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 536 - 543, ORS 183, ORS 536.076 & ORS 536.077
WRD 59-2026, minor correction filed 08/03/2026, effective 08/03/2026
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Or. Admin. R. 690-002-0205 Default hearing schedule

(1) Unless extended pursuant to ORS 536.076(5) or altered by agreement of the parties, the Department, and the administrative law judge, the deadlines in (a) - (n) apply to contested case proceedings governed by these rules. For any referral that is submitted in compliance with OAR 137-003-0515, deadlines are counted from the date of the Department’s referral to the Office of Administrative Hearings. Any of the listed events may occur prior to the applicable deadline.

(a) Written objections to proposed issue list provided with notice of referral: 7 days

(b) Written responses to objections to proposed issue list: 14 days

(d) Prehearing conference: 28 days

(e) Order on issues list: 28 days

(f) Discovery responses: 44 days

(g) Motions to compel discovery: 58 days

(h) Responses to motions to compel: 65 days

(i) Order on motion to compel: 75 days

(j) Motions for Summary Determination: 89 days

(k) Responses to Motions for Summary Determination: 110 days

(l) Ruling on Motions for Summary Determination: 150 days

(m) Exhibits and witness lists: 160 days

(n) Hearing complete (Evidentiary record closed): 180 days

(2) OWRD, in consultation with OAH, may establish other alternate default schedules to govern cases in which parties and OWRD have agreed that certain case events listed in the default schedule in subsection 1 are unnecessary.

History

Statutory/Other Authority: ORS 536.076(10)
Statutes/Other Implemented: ORS 536.076(6)
WRD 5-2026, minor correction filed 07/29/2026, effective 07/29/2026
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Or. Admin. R. 690-002-0210 Form of Testimony

An administrative law judge shall, to the greatest extent practicable, require testimony to be provided orally. If written testimony is submitted, it must be subject to oral cross-examination at hearing.

History

Statutory/Other Authority: ORS 536.076(10)
Statutes/Other Implemented: ORS 536.076(6)
WRD 11-2026, minor correction filed 07/29/2026, effective 07/29/2026
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Or. Admin. R. 690-002-0215 Hearing Location

The administrative law judge shall determine the venue for conducting the hearing, subject to the approval of the Water Resources Department, and shall give preference to conducting a hearing by a remote method.

History

Statutory/Other Authority: ORS 536.076(10)
Statutes/Other Implemented: ORS 536.076(7)
WRD 7-2026, minor correction filed 07/29/2026, effective 07/29/2026
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Or. Admin. R. 690-002-0220 Protests

(1) Unless a timeline is otherwise specified under ORS chapter 537, 540 or 541, protests must be submitted within 45 days after publication of the notice of the proposed final order in a weekly public notice of the Water Resources Department or, if weekly public notice is not required, within 45 days after issuance of notice of the proposed final order. Protests governed by these rules are considered submitted only when actually received by the Department.

(2) Protests actually received after the deadline for submission will not be accepted by the Department. OAR 137-003-0528(1) does not apply to protests governed by these rules.

(3) Protests governed by these rules must meet the requirements of ORS 536.077. In addition, protests governed by these rules must:

(a) Include the electronic mail address of the protestant, if the protestant has an electronic mail address.

(b) Include the name, address, telephone number, and electronic mail address of the protestant’s attorney, if the protestant is represented by an attorney.

(4) A person may file a protest by electronic mail to the electronic mail address provided for submission of protests in the notice of agency action or proposed agency action to which the protestant objects. While submittal of documents by electronic mail is preferred, until the Department has an electronic payment system, payments of fees will need to be received by the Department in the mail or in person prior to the deadline. For entities that conduct frequent transactions with the Department, payment may be made through withdrawal of funds from an established customer holding account. Nothing in this section obligates the Department to establish new holding accounts or to continue to provide holding accounts.

History

Statutory/Other Authority: ORS 536.077
Statutes/Other Implemented: ORS 536.077
WRD 8-2026, minor correction filed 07/29/2026, effective 07/29/2026
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Or. Admin. R. 690-002-0225 Requests for party status

(1) OAR 137-003-0535 does not apply to requests to participate as parties or limited parties in contested case proceedings governed by this rule.

(2) Any person who supports the proposed final order may file a request for party status for the purpose of participating in any contested case proceeding on the proposed final order or for judicial review of a final order resulting from the proposed final order.

(3) Party status requests must be filed within 30 days after the deadline for filing a protest.

(4) Party status requests are considered filed only when actually received by the Department.

(5) The request for party status must be in writing and must include:

(a) Names, addresses, and electronic mail addresses (if any) of the requestor and of any organization the requestor represents;

(b) Name, address, and electronic mail address of the requestor’s attorney, if any;

(c) A statement of whether the request is for participation as a party or a limited party, and, if as a limited party, the precise area or areas in which participation is sought;

(d) If the requestor seeks to protect a personal interest in the outcome of the agency's proceeding, a detailed statement of the requestor's interest, economic or otherwise, and how such interest may be affected by the results of the proceeding;

(e) If the requestor seeks to represent a public interest in the results of the proceeding, a detailed statement of such public interest, the manner in which such public interest will be affected by the results of the proceeding, and the requestor’s qualifications to represent such public interest;

(f) A statement of the reasons why existing parties to the proceeding cannot adequately represent the interest identified in subsection (4)(d) or (e) of this rule.

(g) The fees described in ORS 536.060(1)(n) and (o).

(6) A person may file a request for party status by electronic mail to the electronic mail address provided for submission of protests in the notice of agency action or proposed agency action. While submittal of documents by electronic mail is preferred, until the Department has an electronic payment system, payments of fees will need to be received by the Department in the mail or in person prior to the deadline. For entities that conduct frequent transactions with the Department, payment may be made through withdrawal of funds from an established customer holding account. Nothing in this section obligates the Department to establish new holding accounts or to continue to provide holding accounts.

(7) The Department shall serve a copy of the request on each party by electronic mail, or, if a party does not have an electronic mail address, personally or by mail. Each party shall have seven calendar days from the date of personal or electronic mail service or agency mailing to file a response to the request.

(8) The Department shall rule on requests for party status within 60 days of the deadline for submitting party status requests. The Department’s ruling on a request for party status shall be by written order and served promptly on the requestor, all parties, and, if the matter has been referred at the time the request is received, the Office of Administrative Hearings. If the request is allowed, the agency shall also provide the requestor with the notice of rights required by ORS 183.413(2) or request the administrative law judge to do so.

(9) In ruling on requests to participate as a party or a limited party, the agency shall consider:

(a) Whether the requestor has demonstrated a personal or public interest that could reasonably be affected by the outcome of the proceeding;

(b) Whether any such affected interest is within the scope of the agency's jurisdiction and within the scope of the notice of contested case hearing;

(d) The extent to which the requestor’s interest will be represented by existing parties.

(10) The Department may treat a request to participate as a party as if it were a request to participate as a limited party.

(11) If the Department grants a request, the agency shall specify areas of participation and procedural limitations as it deems appropriate.

(12) If the Department does not grant the request, the agency shall refund the fees described in ORS 536.050 (1) (o), pursuant to ORS 536.077(6).

History

Statutory/Other Authority: ORS 536.077
Statutes/Other Implemented: ORS 536.077
WRD 9-2026, minor correction filed 07/29/2026, effective 07/29/2026
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Or. Admin. R. 690-002-0230 Notification of protests received

Within 20 days after the close of the protest period, if the protestant is not the applicant, the Department shall send a copy of all protests timely received to the applicant.

History

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 537, ORS 540 & ORS 541
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Or. Admin. R. 690-002-0235 Final orders by default

(1) If no protest on a proposed final order that is governed by these rules is timely received, by operation of law, the proposed final order shall become a final order on the date that is 33 days after the close of the time period for submitting a protest, with no further action required by the Department.

(2) If all timely filed protests are withdrawn and the withdrawals are not based on a settlement agreement requiring changes to the proposed final order, the Department, if the matter has not been referred to the Office of Administrative Hearings, or the assigned administrative law judge, if the matter has been referred to the Office of Administrative Hearings, shall issue an order dismissing the request for hearing and notifying the parties that the Department’s proposed final order is final, as of the date of the order of dismissal.

(3) If all protestants to a contested case default as provided in OAR 137-003-0672(3)(b) or OAR 137-003-0672(3)(c), the assigned administrative law judge shall issue an order dismissing the request for hearing and notifying the parties that the Department’s proposed final order is final, as of the date of the order of dismissal.

(4) Notwithstanding subsection (1), not more than 33 days after the close of the time period for submitting a protest, the Department may withdraw a proposed final order for reconsideration and issuance of a superseding proposed final order.

History

Statutory/Other Authority: ORS 183 & ORS 536.077
Statutes/Other Implemented: ORS 183 & ORS 536.077
WRD 10-2026, minor correction filed 07/29/2026, effective 07/29/2026
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Division 3 PUBLIC RECORDS ACCESS AND REPRODUCTION

Or. Admin. R. 690-003-0100 Purpose

Increased public involvement in and awareness of water resource issues have placed greater demands on viewing and copying Department records. These rules guide Department implementation of the public records law, ORS 192.410 to 192.505, including Department recovery of its actual costs of making public records available and copying services under 192.440. Furthermore, these rules serve to ensure that all Department public records remain available for viewing and intact for future use.

History

Statutory/Other Authority: ORS 192.430, 536.025 & 536.027
Statutes/Other Implemented: ORS 192.410 - 192.505, 536.040 & 536.480
WRD 6-2006, f. & cert. ef. 10-6-06

Or. Admin. R. 690-003-0120 Scope

(1) With some exceptions prescribed by law, every person has the right to inspect public records of a state agency, including the Department. The Department may take reasonable measures to ensure the integrity of public records and to maintain office efficiency. Public access to view and copy public records is limited by reasonable restrictions and other such exemptions from disclosure that may be prescribed by law or rule.

(2) These rules do not apply to a person who obtains Department public records by using a Department computer, or any other computer, to download public records from the Department’s web page.

History

Statutory/Other Authority: ORS 183.341, 536.025 & 536.027
Statutes/Other Implemented: ORS 183.341, 537.173 & 537.626
WRD 6-2006, f. & cert. ef. 10-6-06

Or. Admin. R. 690-003-0140 Requests to Review or Obtain Copies of Public Records

(1) The right to review public records includes the right to review the original public record where practicable. The requestor does not have a right to personally locate the public record or to review portions of the public record that are exempt from disclosure pursuant to ORS 192.501 to 192.505.

(2) Requests for Department public records should be as specific as possible including, as appropriate, the type, number, subject matter and approximate date of the public record. If the public records request is unclear, the Department may request further clarification of the request. If the Department cannot identify specific public records responsive to a public records request, the Department may provide general files or distinct sections of public records that are likely to contain the requested public records.

(3) The Department may require a person making a public records request to submit the request in writing, which may be satisfied by submitting the request by electronic mail.

(4) All requests to inspect or copy records other than maps, well logs or water right information available through the Department’s web page must be made to the public records officer in the headquarters office.

(5) As appropriate, staff at the Department’s field offices will provide public records to a requestor in response to a public records request, unless the volume of the request exceeds the office’s capacity to provide public records in a timely manner. If a field office is unable to provide requested public records in a timely manner, the Salem office will provide the public records in response to the public records request.

(6) The Department will accommodate public records requests as follows:

(a) The Department will establish hours during which the public may review the Department's public records.

(b) Pursuant to ORS 192.430(1) and this rule, the Department will designate and provide a supervised space, if available, for viewing public records. This space will accommodate at least one reviewer at a time.

(c) The Department accommodates public records requests from persons with disabilities in accordance with the Americans with Disabilities Act.

(d) The Department's ability to accommodate in-person public requests may be limited by staff and equipment availability. Additionally, prior to making public records available for public review, the Department will ascertain whether the public record requested is exempt from public disclosure under ORS chapter 192 and other applicable law. Based on these limitations, Department staff may require appointments to view and copy public records.

History

Statutory/Other Authority: ORS 192.430, 536.025 & 536.027
Statutes/Other Implemented: ORS 192.420, 192.430, 536.040 & 536.480
WRD 6-2006, f. & cert. ef. 10-6-06

Or. Admin. R. 690-003-0160 Costs for Public Record Review and Copying

(1) The Department may charge a fee for copies of requested public records and certifying public records. The fee will be the fees required by ORS 536.050, or for any copying fees not identified in 536.050, the Department will establish and charge a fee reasonably calculated to reimburse the Department for the actual costs of providing copies of the public records.

(2) An hourly rate may be assessed for any staff time greater than 15 minutes spent locating records, reviewing records to exclude exempt material, supervising the inspection of records, certifying records, mailing records or otherwise responding to the public records request. An hourly rate will not exceed the actual hourly compensation and other payroll expenses of the person performing the tasks for which the rate is charged. The Department may charge for the cost of searching for public records regardless of whether the Department was able to locate the requested public record.

(3) If necessary to respond to a public records request, the Department may request the Department of Justice Attorney General review the public records to exclude material exempt from disclosure. The Department will assess a charge for this process at the hourly rate charged by the Department of Justice.

(4) Payment for public records requests may be made in the form of cash, check, or money order. Make checks and money orders payable to "Oregon Water Resources Department-Public Records Request." Persons may pay fees for public records requests by credit card, if that service becomes available.

History

Statutory/Other Authority: ORS 192.430, 536.025 & 536.027
Statutes/Other Implemented: ORS 192.440, 536.050 & 536.480
WRD 6-2006, f. & cert. ef. 10-6-06

Or. Admin. R. 690-003-0180 Department Response to Public Records Requests

(1) Prior to responding to a public records request, the Department will provide the requestor with a written estimation of the fee for responding to the request. The Department may provide the estimation by electronic mail. If the estimated fee exceeds $25, the Department will not continue to process the public records request until it has received a confirmation in writing or by electronic mail to proceed with the response.

(2) The Department may require prepayment of the estimated charges. If the actual charges are less than the prepayment, the overpayment will be refunded to the requestor. If the actual charges are more than the prepayment, the Department will require payment of the additional charges before providing the requested public records. If the Department determines that the actual charge will exceed the estimated charge by more than $25, the Department will notify the requestor before completing the response.

(3) Whenever feasible, the Department will provide double-sided copies of requested public records, and the fee for a double-sided copy will be the same as the cost of a single page.

(4) Copies of requested electronic public records may be provided in the format or manner maintained by the Department. The Department will perform all downloading, reproducing, formatting and manipulating of public records. Public access to Department computer terminals is allowed where such terminals are available; however, the public may not access Department databases in any manner that may allow the databases or records in the databases to be modified or deleted.

(5) The Department will respond to a public records request within 15 working days after receiving a written request in its Salem office, unless the volume of public records requested, staff availability to respond to the public record request, the difficulty in determining whether any of the public records are exempt from disclosure, or the necessity of consulting with legal counsel make this deadline unreasonable. If the Department determines that it will require more than 15 working days to respond to a public records request, it will inform the requestor of the estimated time necessary to comply with the public records request.

(6) In order to protect the integrity of Department public records, the Department will not allow public records to be loaned or taken off-premises by any person, except Department staff, to fulfill a public records request.

History

Statutory/Other Authority: ORS 192.430, 536.025 & 536.027
Statutes/Other Implemented: ORS 192.440, 536.050 & 536.480
WRD 6-2006, f. & cert. ef. 10-6-06

Or. Admin. R. 690-003-0200 Certification of Copies of Records

Certification of both hard copies and electronic copies of records will be provided for the fee identified in ORS 536.050. The Department will certify only that on the date copied, the copy was a true and correct copy of the original record. The Department cannot certify as to any subsequent changes or manipulation of the record.

History

Statutory/Other Authority: ORS 192.430, 536.025 & 536.027
Statutes/Other Implemented: ORS 192.440 & 536.480
WRD 6-2006, f. & cert. ef. 10-6-06

Or. Admin. R. 690-003-0220 Fee Waivers and Reductions

(1) There will be no charge for one copy of a public record:

(a) When the material requested is currently being distributed as part of the public participation process such as a news release or public notice of a meeting; or

(b) When the material requested has been distributed through mass mailing and is readily available to the Department at the time of request.

(2) There may be no charge for Department responses to public records requests made by a local, state, or federal governmental entity or a representative of a governmental entity acting in a public function or capacity unless any of the following factors apply:

(a) Fulfilling the request will cause financial hardship on the Department;

(b) The time or expense will interfere with the Department's regular business;

(d) The public records request will require the Department to segregate exempt from non-exempt public records.

(3) The Department may grant a request for a waiver or reduction of public records review or reproduction charges in some circumstances. A person making a public records request may submit a written request for a waiver or reduction of the charges. The request must demonstrate that the public records request is in the public interest because making the public record available primarily benefits the general public.

(a) If the Department finds the request satisfies the public interest test, it will determine whether to deny or grant the fee waiver or reduction, either in whole or in part.

(b) If the Department denies a request for a fee waiver or reduction, the requestor may petition the Attorney General or district attorney under the process provided under ORS 192.410 to 192.505.

History

Statutory/Other Authority: ORS 192.430, 536.025 & 536.027
Statutes/Other Implemented: ORS 192.440 & 536.480
WRD 6-2006, f. & cert. ef. 10-6-06

Or. Admin. R. 690-003-0240 Exempt Public Records

All records prepared, owned, used or retained by the Department are public records subject to disclosure unless exempt from disclosure under ORS Chapter 192 or other applicable law. If the Department determines that all or part of a requested public record is exempt from disclosure, the Department will notify the requestor in writing and will state the reasons why the Department considers the public record exempt from disclosure.

History

Statutory/Other Authority: ORS 192.430, 536.025 & 536.027
Statutes/Other Implemented: ORS 192.445 - 192.502
WRD 6-2006, f. & cert. ef. 10-6-06

Division 4 PROCEDURAL RULES FOR MEDIATION COMMUNICATIONS

Or. Admin. R. 690-004-0010 Confidentiality and Inadmissibility of Mediation Communications

(1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in 192.410 to 192.505.

(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the “mediator” in a matter in which the agency also is a party as defined in ORS 36.234.

(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Mediations Excluded. Sections (6)–(10) of this rule do not apply to:

(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency’s employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or

(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters;

(d) Mediation involving two or more public bodies and a private party if the laws, rule or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential;

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation.

(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)–(d), (j)–(l) or (o)–(p) of section (9) of this rule.

(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8)–(9) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.

(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an authorized agency representative must also sign the agreement. The parties’ agreement to participate in a confidential mediation must be in substantially the following form. This form may be used separately or incorporated into an “agreement to mediate.”

(9) Exceptions to confidentiality and inadmissibility.

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.

(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(f) A party to the mediation may disclose confidential mediation communications to a person if the party’s communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation.

(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:

(A) A request for mediation; or

(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation; or

(D) A strike notice submitted to the Employment Relations Board.

(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:

(A) Attorney-client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege; or

(B) Attorney work product prepared in anticipation of litigation or for trial; or

(C) Prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency; or

(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation; or

(E) Settlement concepts or proposals, shared with the mediator or other parties.

(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the Director of the Water Resources Department determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public’s health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under 30.402 or state or federal law requires the terms to be confidential.

(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).

(10) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

History

Statutory/Other Authority: ORS 36.224 & 536.027
Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232
WRD 3-1999, f. & cert. ef. 3-23-99
WRD 3-1998, f. & cert. ef 11-2-98
WRD 1-1998(Temp), f. & cert. ef. 5-11-98 thru 11-6-98

Or. Admin. R. 690-004-0020 Applicability of Rules and Inadmissibility of Certain Mediation Communications in Large, Multi-Party Mediation

(1) Except as provided in this rule, or in other rules adopted by this agency pursuant to Oregon Laws 1997, chapter 670, section 3, or by other state or federal law, mediation communications in a mediation session may not be disclosed in any subsequent administrative, judicial or arbitration proceeding or introduced into evidence in any subsequent proceeding so long as:

(a) The mediation is one for which:

(A) The agency is a party as defined in Oregon Laws 1997, chapter 670, section 11, or is mediating a dispute as to which the agency has regulatory authority;

(B) A mediator is assisting and facilitating the parties to reach a mutually acceptable resolution of the issues in controversy;

(C) There are 15 or more parties to the mediation, regardless of whether or not all the parties participate in each mediation session; and

(D) The agency designates in writing that this rule may apply and provides a copy of the designation along with a copy of this rule to the mediator and to those parties to the mediation that are known to the agency. The designation required by this section must contain sufficient information to identify the mediation, including a brief description of the dispute or issues to be resolved, and the names of those parties to the mediation that are known to the agency; and

(b) The specific mediation session is one for which:

(A) The agency or the mediator and at least one party other than the agency are present;

(B) A party to the mediation or the mediator requests that this rule apply; and

(c) The agency or the mediator notifies all persons in attendance at the beginning of the mediation session that the session is being conducted under OAR 690-004-0020 and that any communications in the session may not be disclosed or introduced as evidence in any subsequent proceeding except as otherwise provided by 690-004-0020 or by other rules adopted by the agency pursuant to Oregon Laws 1997, chapter 670 or by other state or federal law.

(2) The agency may declare that certain mediation communications are not subject to the inadmissibility or non-disclosure provided by this rule. This declaration must:

(a) Be included in the designation provided in paragraph (1)(a)(D), or in an amendment to the declaration in which case the agency must mail or deliver a copy of the designation to all parties listed in the original designation and any other parties that are known to the agency; and

(b) Identify the mediation communications that, pursuant to this section, may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding.

(3) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408).

(4) Nothing in this rule affects any confidentiality created by other law.

(5) The words and phrases used in this rule have the same meaning as given to them in Oregon Laws 1997, chapter 670, section 11.

(6) Any statements, memoranda, work products, documents and other materials otherwise subject to discovery that were not prepared specifically for use in the mediation may be disclosed and may be introduced as evidence in a subsequent proceeding.

(7) Any mediation communications that are public records as defined in ORS 192.410(4) and were not specifically prepared for use in the mediation may be disclosed in a subsequent proceeding and may be introduced into evidence unless the substance of the communication is confidential under state or federal law.

(8) A party may disclose confidential mediation communications that were made in a mediation session covered by this rule in a subsequent proceeding if all the parties to the mediation session agree in writing to the disclosure. A communication that has been disclosed may be introduced into evidence in a subsequent proceeding.

(9) A mediator may disclose confidential mediation communications that were made in a mediation session covered by this rule in any subsequent proceeding if all the parties to the mediation session and the mediator agree in writing to the disclosure. A communication that has been disclosed may be introduced into evidence in subsequent proceedings.

(10) A mediation communication may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(11) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule may be disclosed to the extent necessary to make such a report. A communication that has been disclosed may be introduced as evidence in a subsequent proceeding.

(12) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation session may disclose mediation communications, and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(13) In an action for damages or other relief between a party to the mediation session and a mediator or mediation program, mediation communications may be disclosed in a subsequent proceeding and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(14) A written mediation communication may be disclosed in a subsequent proceeding and may be introduced as evidence by the party who prepared the communication so long as it does not contain information from another party to the mediation session or the mediator, or information that is otherwise confidential under state or federal law.

(15) When the only parties to the mediation session are public bodies, mediation communications and mediation agreements are not confidential except to the extent those communications or agreements are exempt from disclosure under ORS 192.410 to 192.505.

(16) When the parties to the mediation session include a private party and two or more public bodies, mediation communications may be disclosed and may be introduced as evidence in a subsequent proceeding if the laws, rules or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation session are not confidential.

(17) The terms of any mediation agreement may be disclosed and may be introduced as evidence in a subsequent proceeding.

(18) When a person acts as the mediator in the mediation session and also acts as the hearing officer in a contested case involving some or all of the same matters, the communications in the mediation session may be disclosed and may be introduced as evidence in a subsequent proceeding.

(19) Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690.

History

Statutory/Other Authority: ORS 36.224 & 539.005(2)
Statutes/Other Implemented: ORS 36.224(4) & 539.010 - 539.220
WRD 3-1998, f. & cert. ef. 11-2-98
WRD 1-1998(Temp), f. & cert. ef. 5-11-98 thru 11-6-98

Or. Admin. R. 690-004-0030 Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

(1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between this agency’s employees, officials or employees and officials. This rule does not apply to disputes involving the negotiation of labor contracts or matters about which a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed.

(2) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(3) Nothing in this rule affects any confidentiality created by other law.

(5) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c) or (h)–(j) of section (7) of this rule.

(6) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in section (7) of this rule, mediation communications in mediations involving workplace interpersonal disputes are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced into evidence by the parties or the mediator in any subsequent proceeding so long as:

(a) The parties to the mediation and the agency have agreed in writing to the confidentiality of the mediation; and

(b) The person agreeing to the confidentiality of the mediation on behalf of the agency:

(A) Is neither a party to the dispute nor the mediator; and

(B) Is designated by the agency to authorize confidentiality for the mediation; and

(C) Is at the same or higher level in the agency than any of the parties to the mediation or who is a person with responsibility for human resources or personnel matters in the agency, unless the agency head or member of the governing board is one of the persons involved in the interpersonal dispute, in which case the Governor or the Governor’s designee.

(7) Exceptions to confidentiality and inadmissibility.

(d) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(e) A party to the mediation may disclose confidential mediation communications to a person if the party’s communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(f) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(g) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(h) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(i) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(j) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).

(8) The terms of any agreement arising out of the mediation of a workplace interpersonal dispute are confidential so long as the parties and the agency so agree in writing. Any term of an agreement that requires an expenditure of public funds, other than expenditures of $1,000 or less for employee training, employee counseling or purchases of equipment that remain the property of the agency, may not be made confidential.

(9) When a mediation is subject to section (6) of this rule, the agency will provide to all parties to the mediation and to the mediator a copy of this rule or an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

History

Statutory/Other Authority: ORS 36.224 & 536.027
Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232
WRD 3-1999, f. & cert. ef. 3-23-99

Division 5 COMPLIANCE WITH STATEWIDE PLANNING GOALS, COMPATIBILITY WITH COMPREHENSIVE PLANS, AND COORDINATION ON LAND USE MATTERS

Or. Admin. R. 690-005-0010 Purpose

As required by ORS 197.180, this rule establishes policies and procedures for: assuring agency compliance with statewide planning goals; assuring compatibility with local comprehensive land use plans; coordinating with local, state, and federal governments and special districts in land use matters; and resolving land use disputes.

History

Statutory/Other Authority: ORS 197 & 536
Statutes/Other Implemented: ORS 197 & 536
WRD 12-1990, f. & cert. ef. 8-8-90

Or. Admin. R. 690-005-0015 Definitions

For the purposes of OAR 690-005-0010 through 690-005-0060:

(1) “Affected Local Government” means a local government, as defined in section (9) of this rule, which is directly impacted by and specified in a proposed Department action; meanings specific to programs identified in OAR 690-005-0025 are defined in the rule divisions for those programs.

(2) “Commission” means the Water Resources Commission.

(3) “Department” means the Water Resources Department.

(4) “Director” means the Director of the Water Resources Department.

(5) “Land Use Approval” means a final decision or determination made by a local government that concerns the adoption, amendment, or application of: the goals; a comprehensive plan provision; implementing ordinance; or a new land use regulation. A land use approval does not include ministerial decisions of local governments (i.e., building permits) for which no right to hearing is provided. A land use approval is final when all corresponding appeal periods have expired.

(6) “Land Use Dispute” means a disagreement between the Department and a local government regarding plans, programs, policies, actions, or other matters relating to land use which exists after the Department has:

(a) Applied appropriate provisions of:

(A) OAR 690-005-0030 (Compliance with Statewide Planning Goals);

(B) OAR 690-005-0035 (Compatibility with Acknowledged Comprehensive Plans); and

(b) Been informed by the planning director, other planning official or governing body of a local government, that the adoption, amendment, or implementation of a proposed Department land use program activity would not be allowable under, or would conflict with the policies or provisions of an acknowledged comprehensive plan; or

(c) Determined that the adoption, amendment, or implementation of a local government comprehensive plan does not conform to the Commission’s state water resources policy, would harm existing rights, or would otherwise impair the public interest in water resources.

(7) “Land Use Planning Procedures Guide” means the non-rule text submitted by the Department as part of its SAC Program. This guide establishes criteria for the determination of land use programs and procedures for assuring comprehensive plan compatibility and coordinating with local governments.

(8) “Land Use Program” means an agency rule or program affecting land use, as defined by OAR 660-030-0005(2) and 660-031-0012(2)(f), and determined using criteria established in the Department’s certified state agency coordination program.

(9) “Local Government” means any city, county or metropolitan service district formed under ORS Chapter 268 or an association of local governments performing land use planning functions under ORS 197.190.

(10) “Planning Department” means a local government department responsible for land use planning and the preparation, maintenance, and implementation of comprehensive plans.

(11) “Planning Director” means the director of a local government planning department, an appropriate designee, or other local government official responsible for carrying out land use planning functions.

(12) “Special Districts” means any unit of local government, other than a city, county, metropolitan service district formed under ORS Chapter 268 or an association of local governments performing land use planning functions under ORS 197.190 authorized and regulated by statute and includes, but is not limited to: Water control districts, domestic water associations and water cooperatives, irrigation districts, port districts, regional air quality control authorities, fire districts, school districts, hospital districts, mass transit districts and sanitary districts. For the purposes of this rule, water use authorities formed under ORS 450.660 are considered special districts.

(13) “State Agency Coordination Program” means the submittal made by the Department to the Department of Land Conservation and Development pursuant to ORS 197.180(2)(a)–(d) and OAR 660, division 30. The Commission’s state agency coordination program consists of:

(a) Rules in this division;

(b) Rules identified or pertaining to programs listed in OAR 690-005-0025 and adopted pursuant to ORS 197.180; and

(14) “Statewide Planning Goals” or “Goals” means the mandatory statewide standards adopted by the Land Conservation and Development Commission pursuant to ORS Chapters 196 and 197.

History

Statutory/Other Authority: ORS 197 & 536
Statutes/Other Implemented: ORS 197 & 536
WRD 12-1990, f. & cert. ef. 8-8-90

Or. Admin. R. 690-005-0020 Policy

(1) Land use and water management are integrally related. Statewide planning goals require comprehensive plans to include inventories of, and mechanisms to protect, important local water resources. State water laws require the Commission to protect the public interest in all waters of the state. Recognizing the responsibilities vested in both state and local government to manage and protect water resources, the Commission places a high priority on complying with statewide planning goals and achieving compatibility with local comprehensive plans.

(2) In any action pursuant to a program identified in OAR 690-005-0025, the Commission and Department shall comply with the goals and be compatible with local comprehensive plans to the greatest extent possible, as required by and consistent with the full range of statutes governing land use and water management and as set forth in OAR 690-005-0030 (Compliance with Statewide Planning Goals) and 690-005-0035 (Compatibility with Acknowledged Comprehensive Plans).

History

Statutory/Other Authority: ORS 197 & 536
Statutes/Other Implemented: ORS 197 & 536
WRD 12-1990, f. & cert. ef. 8-8-90

Or. Admin. R. 690-005-0025 Applicability

The provisions of OAR 690-005-0010 through 690-005-0060 apply to actions taken by the Department pursuant to the following land use programs:

(1) Applications and Permits (OAR 690, divisions 310–340).

(2) Appropriation and Use of Water for Hydroelectric Power Projects (OAR 690, division 51).

(3) Water Right Transfers (OAR 690, division 15) except for those:

(a) Where existing and proposed water uses would be located entirely within lands zoned for exclusive farm use as provided in ORS 215.203 or within irrigation districts;

(b) Which involve changes in place of use only;

(c) Which do not involve the placement or modification of structures including but not limited to water diversion, impoundment, or distribution facilities, water wells, and well houses; and

(d) Which involve irrigation water uses only.

(4) Water Exchanges.

(5) Applications for Uses in Addition to Classified Use (division 82).

(6) Use of Conserved Water (division 18).

(7) Instream Water Rights and Reservations of Water for Economic Development (OAR 690, division 77).

(8) Review of Applications for Minimum Perennial Streamflows (OAR 690, division 76).

(9) Initiation of Proceedings for Determination of a Critical Ground Water Area (OAR 690, division 10.

(10) Withdrawal of Water from Further Appropriation.

(11) Statewide Policy Formulation.

(12) Basin Planning.

(13) Payment for Public Benefits in Water Projects (OAR 690, division 100).

(14) Water Development Loan Fund (OAR 690, division 90).

(15) Scenic Waterway Coordination.

(16) Any future Department program or activity which may reasonably be expected to significantly affect land use as prescribed by ORS 197.180, OAR chapter 660, divisions 30 and 31, and OAR 690, division 5.

History

Statutory/Other Authority: ORS 197 & 536
Statutes/Other Implemented: ORS 197 & 536
WRD 12-1990, f. & cert. ef. 8-8-90

Or. Admin. R. 690-005-0030 Compliance with Statewide Planning Goals

(1) All Commission and Department actions pursuant to a program identified in OAR 690-005-0025 shall comply with the statewide planning goals.

(2) Except as provided in section (3) of this rule, the Commission and Department shall comply with the statewide planning goals by taking actions which are compatible with acknowledged comprehensive plans, as required by OAR 660-030-0065(3) and provided in 690-005-0035 (Compatibility with Acknowledged Comprehensive Plans).

(3) The Commission and Department shall achieve goal compliance directly by satisfying the requirements of section (4) of this rule and by adopting written findings as provided in OAR 690-005-0040(4)(c), when one or more of the following situations, or other situations identified in 660-030-0065(3), exists:

(a) An acknowledged comprehensive plan does not contain:

(A) Requirements or conditions specifically applicable to a Commission or Department action; or

(B) General provisions, purposes, or objectives which would be substantially affected by the action.

(b) The Commission or Department takes an action that is not compatible with an acknowledged comprehensive plan after implementing all applicable measures described in OAR 690-005-0035 (Compatibility with Acknowledged Comprehensive Plans).

(4) Prior to taking action pursuant to subsection (3)(a) of this rule, the Commission or Department shall notify the planning department of the affected local government:

(a) That, in the Department’s assessment, the acknowledged comprehensive plan does not contain:

(A) Requirements or conditions specifically applicable to a Commission or Department action; or

(B) General provisions, purposes, or objectives which would be substantially affected by the action.

(b) That the Department intends to achieve goal compliance directly, not through compatibility with the applicable comprehensive plan; and

(c) That the planning department shall have 30 days to respond to the notification with a request to initiate dispute resolution procedures as described in OAR 690-005-0040.

History

Statutory/Other Authority: ORS 197 & 536
Statutes/Other Implemented: ORS 197 & 536
WRD 12-1990, f. & cert. ef. 8-8-90

Or. Admin. R. 690-005-0035 Compatibility with Acknowledged Comprehensive Plans

(1) Except as provided in section (5) of this rule, Commission or Department actions taken pursuant to a program identified in OAR 690-005-0025 shall be compatible with acknowledged comprehensive plans.

(2) The Department shall satisfy section (1) of this rule by applying:

(a) Provisions in the rule divisions identified in OAR 690-005-0025;

(b) Provisions of OAR 660-030-0070;

(d) Procedures of the Department’s Land Use Planning Procedures Guide.

(3) For water use approvals identified in OAR 690-005-0025(1) through (6), the Commission or Department shall satisfy compatibility requirements of ORS 197.180 by informing applicants that:

(a) The Department’s issuance of a permit or other approval is not a finding of land use compatibility; and

(b) A land use approval may be required from the affected local government.

(4) In processing water use approvals in OAR 690-005-0025(1) through (6), the Department or Commission shall:

(a) Require land use information be submitted with applications or requests, or as otherwise specified prior to taking action on the water use approval. The information shall be sufficient to assess compatibility as specified on forms contained in the department’s Land Use Planning Procedures Guide;

(b) Except as provided in subsection (4)(c) of this rule, the Department or Commission shall only approve the proposed water use if:

(A) All requirements of statutes and rules governing Commission and Department actions are met;

(B) The land use served by the proposed water use is allowed outright or does not require discretionary land use approvals under the applicable comprehensive plan; or

(c) If local land use approvals are pending, place conditions on a permit or other approval to preclude use of water and any associated construction until the applicant obtains all required local land use approvals; or, withhold issuance of the water use permit or approval until the applicant obtains all required local land use approvals. The approval is allowed only if the use meets requirements in paragraph (4)(b)(A) of this rule. The Department may consider withholding water use approvals upon request by a local or state agency, or the applicant, or as otherwise warranted to serve the Department’s needs; and

(d) Not issue water use approvals, except when taking action pursuant to section (5) of this rule if:

(A) The land use served by the proposed water use is not allowed by the comprehensive plan and the applicant is not pursuing necessary local land use approvals to the satisfaction of the planning department of the affected local government; or

(B) The land use served by the proposed water use is not allowed by the comprehensive plan and local approvals have already been denied.

(5) If the Commission or Department finds it necessary to take an action which is incompatible with an acknowledged comprehensive plan in order to meet statutory obligations, the dispute resolution procedures identified in OAR 690-005-0040 shall be implemented prior to taking such action.

History

Statutory/Other Authority: ORS 197 & 536
Statutes/Other Implemented: ORS 197 & 536
WRD 12-1990, f. & cert. ef. 8-8-90

Or. Admin. R. 690-005-0040 Resolution of Land Use Disputes

(1) The Department shall attempt to prevent disputes over land-use-related issues through early and frequent coordination with local governments.

(2) Land use disputes as described in OAR 690-005-0015(6)(b) which involve water use approvals identified in OAR 690-005-0025(1) and (7) shall be:

(a) Recognized through the information submittal requirements and comment and protest opportunities of ORS Chapter 537; and

(b) Subject to the procedures of section (3) through (7) of this rule to the extent practical under the timelines and processes established in ORS Chapter 537.

(3) Except as described in section (2) of this rule, for any other land use dispute as described in OAR 690-005-0015(6)(b), the Department shall notify any affected Department applicant of the dispute and provide the following in writing to the planning director, other planning official, or the governing body of the affected local government:

(a) Reasons for the Department’s proposed action;

(b) Those statutes, rules or land use planning goals authorizing the Department’s action;

(c) Alternatives to the Department’s action or modifications of the proposed action, if any, which would result in compatibility;

(d) A proposal to discuss and resolve the dispute; and

(e) A request that the planning director, other planning official, or the governing body of the affected local government provide the Department with written information relating to the land use dispute. The written information shall be submitted to the Department within 30 days, unless otherwise specified by the Director, and shall describe:

(A) The specific Department action which would not be compatible with an acknowledged comprehensive plan;

(B) Comprehensive plan policies or provisions, or land use regulations which the planning director, other planning official, or the local governing body believe specifically apply to and preclude the Department action;

(C) General provisions, purposes, or objectives in the comprehensive plan which would be substantially affected by the Department action; and

(D) Changes or alternatives to the Department’s action that would result in compatibility.

(4) Based on the results of activities described in sections (1) and (2) of this rule, the Department shall consider, and undertake as appropriate, one or more of the following to satisfy compatibility requirements and the Department’s statutory mandates:

(a) Select an alternative action, including taking no action;

(b) Modify the proposed action to achieve compatibility;

(c) Apply for local land use approvals, including plan and land use regulation amendments, and explain why periodic review is not available to or sufficient for the Department in proposing the action;

(d) Appeal denial of local land use approvals to the appropriate bodies;

(e) Request necessary comprehensive plan amendments during periodic review;

(f) Request informal LCDC mediation, if subsections (3)(a) through (e) of this rule do not resolve the dispute; or

(g) Request formal LCDC determination of compatibility as provided in OAR 660-030-0070(7), if subsections (3)(a) through (e) of this rule do not resolve the dispute.

(5) If actions described in section (3) of this rule do not resolve the dispute, the Commission shall:

(a) Select an alternative action, including taking no action;

(b) Modify the action to achieve compatibility;

(A) A description of the dispute and measures taken in attempting to resolve the dispute;

(B) A citation of those statutes and specific statewide planning goal requirements compelling the Department to take the disputed action; and

(C) A statement explaining how the action fulfills statutory obligations and complies with statewide land use planning goals.

(d) Inform the affected local government, any affected Department applicant, and the Department of Land Conservation and Development of the action taken, transmitting copies of any findings made under section (4)(c) of this rule.

(6) In the event of a land use dispute as provided in OAR 690-0050-015(6)(c), the Department shall:

(a) Notify the planning departments of affected local governments in writing of the conflict between a local action and Department policies, plans, or programs; and

(b) Cite the statutes and rules which apply to, or are substantially affected by, the local action;

(c) Suggest modifications or alternatives to the local action which would conform to Department policies, plans, or programs; and

(d) Offer to schedule discussions with the appropriate local planning official to resolve the dispute.

(7) If procedures described in section (5) of this rule do not resolve the dispute, the Department may:

(a) Request LCDC mediation or enforcement;

(b) Pursue local government conformance with Department policies, plans, or programs by:

(A) Applying for comprehensive plan amendments;

(B) Participating in periodic review; or

History

Statutory/Other Authority: ORS 197.180, 536.025 & 536.027
Statutes/Other Implemented: ORS 197 & 536 - 543
WRD 1-1996, f. & cert. ef. 1-31-96
WRD 12-1990, f. & cert. ef. 8-8-90

Or. Admin. R. 690-005-0045 Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans

The Department has fulfilled its goal compliance and comprehensive plan compatibility obligations required by ORS 197.180 when it has:

(1) Applied the provisions of OAR 690-005-0035 (Compatibility with Acknowledged Comprehensive Plans).

(2) Applied provisions of rules identified or pertaining to programs listed in OAR 690-005-0025.

(3) Followed compatibility procedures in its Land Use Planning Procedures Guide.

(4) Taken action to comply directly with statewide planning goals, as necessary and as prescribed in OAR 690-005-0030.

(5) Followed the dispute resolution procedures of OAR 690-005-0040, if necessary.

History

Statutory/Other Authority: ORS 197 & 536
Statutes/Other Implemented: ORS 197 & 536
WRD 12-1990, f. & cert. ef. 8-8-90

Or. Admin. R. 690-005-0050 Assuring Goal Compliance and Acknowledged Plan Compatibility for New or Amended Land Use Programs

(1) Except as provided in section (2) of this rule, the Department shall assure that new rules and programs which qualify as land use programs, or amendments to existing land use programs, comply with the statewide planning goals and are compatible with acknowledged comprehensive plans.

(2) The Commission may choose not to apply this rule to the adoption of temporary rules and programs.

(3) The Department shall examine new rules or programs to determine if they qualify as land use programs as defined by OAR 660-030-0005(2) and using criteria established in the Department’s Land Use Planning Procedures Guide.

(4) If new rules or programs are found to be land use programs, the Department or Commission shall amend OAR 690-005-0025, other sections of existing rule divisions pertinent to the program, and the Department’s Land Use Planning Procedures Guide as needed to assure goal compliance and compatibility with acknowledged comprehensive plans.

(5) Amendments to existing land use programs shall be examined to determine if:

(a) They affect land use as determined by the criteria established in the Department’s Land Use Planning Procedures Guide;

(b) Provisions of OAR 690, division 5 or the Department’s Land Use Planning Procedures Guide are sufficient for assuring that actions allowed by the amendments comply with the goals and are compatible with comprehensive plans; or

(6) If needed as determined after completing the examination prescribed in section (5) of this rule, the Department or Commission shall amend administrative rules and the Department’s Land Use Planning Procedures Guide to assure goal compliance and compatibility with acknowledged comprehensive plans. If needed, considering the provisions of subsection (4)(c) of this rule, the program shall be deleted from OAR 690-005-0025 and the Department’s Land Use Planning Procedures Guide amended accordingly.

(7) The Department shall provide written notice of any new rule or amendment determined to be a new land use program or affect the land use status of an existing land use program to the Department of Land Conservation and Development, persons on any Department mailing lists established for land use coordination purposes, and any local governments relying on the Department for goal compliance as described in OAR 660-030-0085. The notice shall include:

(a) The date, time, and location of the Department’s proposed action;

(b) The manner in which written and oral comment on the proposed action can be submitted to the Department;

(c) An explanation of how the new rule or amendment qualifies as, or affects the land use status of, a land use program; and

(d) A description of any actions taken, or to be taken, pursuant to sections (3) through (6) of this rule.

(8) If no comment is received from the Department of Land Conservation and Development within the period specified in the notice described in section (7) of this rule, the Department may presume that the Department of Land Conservation and Development finds the new or amended rule or program to have satisfied requirements of ORS 197.180 and OAR 660, divisions 30 and 31.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 197.180, 536.025 & 536.027
Statutes/Other Implemented: ORS 197 & 536 - 543
WRD 1-1996, f. & cert. ef. 1-31-96
WRD 12-1990, f. & cert. ef. 8-8-90

Or. Admin. R. 690-005-0055 Land Use Program Coordination with State and Federal Agencies and Special Districts

(1) The Department shall coordinate activities related to the programs identified in OAR 690-005-0025 with affected state and federal agencies and affected special districts by taking actions described in its Land Use Planning Procedures Guide.

(2) Beginning July 1, 1991, the Director shall transmit a report each biennium to the Water Resources Commission and the Director of the Department of Land Conservation and Development which includes:

(a) An assessment of the effectiveness of the Departments state agency coordination program during the preceding biennium;

(b) Recommendations for changes in Water Resources Department or Department of Land Conservation and Development rules and procedures to improve coordination between agencies and local governments;

(d) Discussion of any other subject relating to water resource management and land use.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 197 & 536
Statutes/Other Implemented: ORS 197 & 536
WRD 12-1990, f. & cert. ef. 8-8-90

Or. Admin. R. 690-005-0060 Cooperation With and Technical Assistance to Local Governments

(1) The Commission and Department place a high priority on cooperating with and providing technical assistance to local governments.

(2) Cooperation with local governments shall include:

(a) Informing planning departments or Department activities and local water resources issues;

(b) Participating in periodic review;

(d) Reviewing project proposals.

(3) Technical assistance shall include:

(a) Providing existing water resources data and studies;

(b) Assisting local governments in interpreting water resources data and studies; and

(c) Responding to questions, or undertaking research or monitoring projects, as requested by planning departments, as Department resources allow.

(4) Cooperation with and technical assistance to local governments and planning departments pursuant to sections (2) and (3) of this rule shall be guided and supplemented by procedures described in the Department’s Land Use Planning Procedures Guide.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 197 & 536
Statutes/Other Implemented: ORS 197 & 536
WRD 12-1990, f. & cert. ef. 8-8-90

Division 8 STATUTORY GROUNDWATER TERMS

Or. Admin. R. 690-008-0001 Definition and Policy Statements

A number of terms are used in the statutes, ORS 537.505–537.795, prescribing the management of groundwater in Oregon. These rules define terms to qualify and clarify the statutes. In all statutes and rules employed in the management of groundwater by the Water Resources Department and Commission, the following definitions shall apply, unless the context requires otherwise:

(1) “Annual High Water Level” means the highest elevation (shallowest depth) static groundwater level that exists in a groundwater reservoir or part thereof in a year.

(2) “Aquifer” means a water-bearing body of naturally occurring earth materials that is sufficiently permeable to yield useable quantities of water to wells and/or springs.

(3) “Critical Ground Water Area Boundary” means a line established in a critical ground water area order on a map that surrounds an area in which one or more of the statutory criteria for critical area declaration are met and which is located either:

(a) Physically by coincidence with natural features such as groundwater reservoir boundaries, hydrologic barriers, or recharge or discharge boundaries; or

(b) Administratively by surrounding an affected area when that area does not coincide with an area bounded by natural features.

(4) “Customary Quantity” means the rate or annual amount of appropriation or diversion of water ordinarily used by an appropriator within the terms of that appropriator’s water right.

(5) “Declined Excessively” means any cumulative lowering of the water levels in a groundwater reservoir or a part thereof which:

(a) Precludes, or could preclude, the perpetual use of the reservoir; or

(b) Exceeds the economic pumping level; or

(A) A surface water diversion having a priority date senior to the priority dates of the causative groundwater appropriations; or

(B) A surface water body that has been administratively withdrawn with an effective date senior to the priority dates of the causative groundwater appropriations unless the causative groundwater appropriations are for uses that are exceptions to the withdrawals; or

(C) An adopted minimum stream flow or instream water right, or closure having an effective date senior to the priority dates of the causative groundwater appropriations; or

(D) A surface water body which has a classification that is senior to the priority date of the causative groundwater appropriation(s) and the use or uses to which the groundwater is being put are not included in the classification.

(d) Constitutes a lowering of the annual high water level within a groundwater reservoir, or part thereof, greater than 50 feet below the highest known water level; or

(e) Results in groundwater pollution; or

(f) Constitutes a lowering of the annual high water level greater than 15% of the greatest known saturated thickness of the groundwater reservoir. the saturated thickness shall be calculated using pre-development water levels and the bottom of the groundwater reservoir, or the economic pumping level, whichever is shallower.

(6) “Economic Pumping Level” means the level below land surface at which the per-acre cost of pumping equals 70 percent of the net increase in annual per-acre value derived by irrigating. (The value is to be calculated on a five year running average of the per-acre value of the three, if there are that many, prevalent irrigated crops in the region minus the five year running average of the per-acre value of the three, if there are that many, prevalent regional non-irrigated crops.)

(7) “Excessively Declining Water Levels” (Note: “Excessively” as used in ORS 537.730(1)(a) is taken to modify both “are declining” and “have declined”) means any ongoing lowering of the water level in a groundwater reservoir or part thereof which:

(a) Precludes, or could preclude, the perpetual us of the reservoir; or

(b) Represents an average downward trend of three or more feet per year for at least 10 years; or

(c) Represents, over a five year period, an average annual lowering of the water level by 1% or more of the initial saturated thickness as determined by observation or investigation in the affected area; or

(d) Results in water quality deterioration.

(8) “Overdraw” means to artificially produce water, in any one-year period, from a groundwater reservoir, or part thereof, at an annual rate that:

(a) Exceeds the average annual recharge to that groundwater supply over the period of record; or,

(b) Reduces surface water availability resulting in:

(A) One or more senior appropriators being unable to use either their permitted or customary quantity of surface water, whichever is less; or

(B) Failure to satisfy an adopted minimum streamflow or instream water right with an effective date senior to the causative groundwater appropriation(s).

(A) Withdrawn with an effective date senior to the priority dates of the causative groundwater appropriations; or

(B) Restrictively classified with an effective date senior to the priority date(s) of the causative groundwater appropriations.

(9) “Reasonably Stable Groundwater Levels” means that Annual High Water Levels, based on observed trends over time, remain within a range consistent with sustaining the function and character of a groundwater reservoir indefinitely, and:

(a) The Annual High Water Levels as measured at one or more representative wells in a groundwater reservoir or part thereof:

(A) indicate no decline or an average rate of decline of less than 0.6 feet per year over any immediately preceding averaging period with duration between 5 and 20 years. Four Annual High Water Levels are required to calculate the rate of change; one must have been measured in the year to which the evaluation of reasonably stable applies, and at least one must have been measured between 5 and 20 years prior; and

(B) have not declined by more than 25 feet from a reference level to the level in the year to which the evaluation of reasonably stable applies. The reference level shall be the highest known water level unless Annual High Water Levels have been measurably increased by human activity, in which case the Department may set a different reference level using best available information.

(b) If water level data are insufficient to perform either test in (a) for a given year, then the Department will presume that groundwater levels are not reasonably stable unless:

(A) the most recent evaluation of reasonably stable applies to a year within 5 years of the given year, in which case the Department may presume that the recent evaluation still applies; or

(B) groundwater has not yet been extracted or authorized for extraction from the groundwater reservoir, in which case the Department may presume that groundwater levels are reasonably stable.

(c) The Department may evaluate Reasonably Stable Groundwater Levels for the year of the priority date of a groundwater right application or for a later year if more recent data are available.

(d) The quantitative tests in part (a) of this definition may be superseded by a basin program rule adopted by the Water Resources Commission pursuant to the Commission’s authority in ORS 536.300 and 536.310. Any proposed superseding basin program rule definition must comply with ORS 537.505 to 537.795, 537.992, OAR 690-410-0010 and 690-410-0070.

(e) This definition does not apply to Critical Groundwater Areas designated under OAR 690-010.

(10) “Substantial or Undue Interference” means the spreading of the cone of depression of a well to intersect a surface water body or another well, or the reduction of the groundwater gradient and flow as a result of pumping, which contributes to:

(a) A reduction in surface water availability to an extent that:

(A) One or more senior surface water appropriators are unable to use either their permitted or customary quantity of water, whichever is less; or

(B) An adopted minimum streamflow or instream water right with an effective date senior to the causative groundwater appropriation(s) cannot be satisfied.

(b) The groundwater level being drawn down to the Economic Pumping Level of the senior appropriator(s); or

(c) One or more of the senior groundwater appropriators being unable to obtain either the permitted or the customary quantity of groundwater, whichever is less, from a reasonably efficient well that fully penetrates the aquifer where the aquifer is relatively uniformly permeable. However, in aquifers where flow is predominantly through fractures, full penetration may not be required as a condition of substantial or undue interference.

(11) “Substantial Thermal Alteration” means any change in water temperature of a groundwater reservoir, or a part thereof, which:

(a) Precludes, or could preclude, the perpetual heating or cooling use of the groundwater reservoir; or

(b) Constitutes a change in the mean annual temperature within a groundwater reservoir, or part thereof, greater than 25 percent of the highest recorded naturally occurring Celsius (C) temperature.

(12) “Substantial Thermal Interference” means the spreading of the radius of thermal impact of a low-temperature geothermal production well or low-temperature geothermal injection well to intersect a surface water body or another well, or the reduction of temperature or heat flow as a result of pumping or injection, which contributes to change in groundwater or surface water temperature to an extent that one or more senior appropriators of the low-temperature resource are unable to use water for the purpose(s) designated in the associated water right.

(13) “Wasteful Use (of groundwater)” means any artificial discharge or withdrawn of groundwater from an aquifer that is not put to a beneficial use described in a permit or water right, including leakage from one aquifer to another aquifer within a well bore.

History

Statutory/Other Authority: ORS 537, ORS 536.027, ORS 536.300 & ORS 536.310
Statutes/Other Implemented: ORS 537
WRD 5-2024, amend filed 09/17/2024, effective 09/17/2024
WRD 18-1990, f. & cert. ef. 12-14-90
WRD 21-1988, f. & cert. ef. 12-14-88

Division 9 GROUNDWATER INTERFERENCE WITH SURFACE WATER

Or. Admin. R. 690-009-0010 Basis for Regulatory Authority, Purpose, and Applicability

(1) The right to reasonable control of the groundwater of the State of Oregon has been declared to belong to the public. Through the provisions of the Ground Water Act of 1955, ORS 537.505 to 537.795, the Water Resources Commission has been charged with administration of the rights of appropriation and use of the groundwater resources of the state.

(2) Except for exempt uses under ORS 537.545, these rules apply to all wells as defined in ORS 537.515 (9).

(3) Rule 690-009-0040 applies to proposed groundwater uses and the determination of the Potential for Substantial Interference for water availability under OAR 690-300-0010(57).

(4) Rules 690-009-0050 and 690-009-0060 apply to groundwater controls. Solely for the purpose of applying OAR 690-009-0050 to control or regulate groundwater rights in Hydraulic Connection with surface water, determination of the Potential for Substantial Interference with a surface water source shall apply the version of OAR 690-009-0040 that became effective on November 4, 1988. The November 4, 1988 version of OAR 690-009-0040 is readopted as OAR 690-009-0060.

(5) The authority under these rules may be superseded by a basin program rule adopted by the Water Resources Commission.

History

Statutory/Other Authority: ORS 537 & ORS 536.027
Statutes/Other Implemented: ORS 537
WRD 5-2024, amend filed 09/17/2024, effective 09/17/2024
WRD 17-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-009-0020 Definitions

(1) “Confined Aquifer” means an aquifer in which groundwater is under sufficient hydrostatic head to rise above the bottom of the overlying confining bed, whether or not the water rises above land surface.

(2) “Confining Bed” means a layer of low permeability material immediately overlying a confined aquifer.

(3) “Department” means the Water Resources Department, its Director, and all personnel employed by the Department.

(4) “Hydraulic Connection” means saturated conditions exist allowing water to move between two or more sources of water, either between groundwater and surface water or between groundwater sources.

(5) “Potential for Substantial Interference,” or “PSI,” means a groundwater use will cause Streamflow Depletion based on the assessments described in OAR 690-009-0040 for Proposed Groundwater Use or OAR 690-009-0060 for groundwater controls.

(6) “Proposed Groundwater Use” means an application to appropriate groundwater pursuant to ORS 536.750, ORS 537.143, or ORS 537.615 that is under consideration with the Department.

(7) “Streamflow Depletion” means a reduction in the flow of a surface water source due to pumping a hydraulically connected groundwater source. Streamflow Depletion encompasses:

(a) captured groundwater that would otherwise discharge to a surface water source; or

(b) induced infiltration from a surface water source to the hydraulically connected groundwater source.

(8) “Unconfined Aquifer” means an aquifer in which the hydrostatic head at the upper surface of the groundwater is atmospheric.

History

Statutory/Other Authority: ORS 537 & ORS 536.027
Statutes/Other Implemented: ORS 537
WRD 5-2024, amend filed 09/17/2024, effective 09/17/2024
WRD 17-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-009-0040 Proposed Groundwater Use: Determination of Hydraulic Connection and Potential for Substantial Interference

(1) When evaluating a Proposed Groundwater Use, Hydraulic Connection and the Potential for Substantial Interference with a surface water source shall be determined by the Department according to these rules. These determinations shall be based upon the application of generally accepted hydrogeologic principles using best available information concerning the hydrologic system of interest and the well(s) under consideration.

(a) Appropriate information that is provided in the application or in the public comment period for the application shall be considered in the process of making these determinations.

(b) Best available information may include, but is not limited to, pertinent water well reports, aquifer test analyses, hydrologic and geologic studies and reports, groundwater and surface water elevation data, available numerical and analytical groundwater flow models, and any other information that is used in applying generally accepted hydrogeologic principals and methodologies.

(2) A determination of Hydraulic Connection is a prerequisite for a determination of the Potential for Substantial Interference.

(3) A determination of the Potential for Substantial Interference with a surface water source shall at a minimum include application of the generally accepted hydrogeological principles described in “Streamflow Depletion by Wells – Understanding and Managing the Effects of Groundwater Pumping on Streamflow” by P. M. Barlow and S. A. Leake, 2012.

(4) The Potential for Substantial Interference with a surface water source exists if the well(s) under consideration will, over the full term of the proposed or authorized groundwater use, obtain water from Streamflow Depletion.

[NOTE: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 537 & ORS 536.027
Statutes/Other Implemented: ORS 537
WRD 5-2024, amend filed 09/17/2024, effective 09/17/2024
WRD 17-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-009-0050 Groundwater Controls

(1) The Department shall review existing groundwater appropriations to determine the potential to cause substantial interference with a surface water source on a case-by-case basis, in accordance with OAR 690-009-0060, whenever substantial interference with a surface water source is suspected to exist by the Department.

(2) Whenever the Department determines that substantial interference with a surface water supply exists, the Department shall control those groundwater appropriations that have been determined under section (1) of this rule to have the potential to cause substantial interference. The controls shall be similar to or compatible with, but not more restrictive than controls on the affected surface water source, in accordance with the relative dates of priorities of the groundwater and surface water appropriations:

(a) Prior to controlling the use of any well greater than 500 feet from a surface water source, the Department shall determine whether any control would provide relief to the surface water supply in an effective and timely manner. The Department shall make the determination on the basis of the best available information, employing at least one of the methods set forth in OAR 690-009-0060(4)(d);

(b) The Department shall control the use of wells greater than one mile from a surface water source only through a critical ground water area determination in accordance with ORS 537.730 through 537.740.

History

Statutory/Other Authority: ORS 537 & ORS 536.027
Statutes/Other Implemented: ORS 537
WRD 5-2024, amend filed 09/17/2024, effective 09/17/2024
WRD 17-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-009-0060 Groundwater Controls: Determination of Hydraulic Connection and Potential for Substantial Interference

Solely for the purpose of applying OAR 690-009-0050 to control or regulate groundwater rights in Hydraulic Connection with surface water, determination of the Potential for Substantial Interference with a surface water source shall be according to these OAR 690-009-0060 rules.

(1) The Department shall determine whether wells produce water from an unconfined or confined aquifer. Except for wells that satisfy the conditions in section (2) of this rule the Department shall further determine whether the aquifer is hydraulically connected to the surface water source. The basis of the determination shall be information provided on the Water Well Report for any well in question. If there is no Water Well Report available or if the information provided is inadequate, the Department shall make the determination on the basis of the best available information. Such information may include other Water Well Reports, topographic maps, hydrogeologic maps or reports, water level and other pertinent data collected during a field inspection, or any other available data or information that is appropriate, including any that is provided by potentially affected parties.

(2) All wells located a horizontal distance less than one-fourth mile from a surface water source that produce water from an unconfined aquifer shall be assumed to be hydraulically connected to the surface water source, unless the applicant or appropriator provides satisfactory information or demonstration to the contrary. Department staff may provide reasonable assistance to the applicant or appropriator in acquiring the satisfactory information.

(3) The Department shall determine the horizontal distance between any well in question and the nearest surface water source on the basis of the edge of the surface water source as also determined by the Department.

(4) All wells that produce water from an aquifer that is determined to be hydraulically connected to a surface water source shall be assumed to have the potential to cause substantial interference with the surface water source if the existing groundwater appropriation is within one of the following categories:

(a) The point of appropriation is a horizontal distance less than one-fourth mile from the surface water source; or

(b) The rate of appropriation is greater than five cubic feet per second, if the point of appropriation is a horizontal distance less than one mile from the surface water source; or

(c) The rate of appropriation is greater than one percent of the pertinent adopted minimum perennial streamflow or instream water right with a senior priority date, if one is applicable, or of the discharge that is equaled or exceeded 80 percent of time, as determined or estimated by the Department, and if the point of appropriation is a horizontal distance less than one mile from the surface water source; or

(d) The groundwater appropriation, if continued for a period of 30 days, would result in stream depletion greater than 25 percent of the rate of appropriation, if the point of appropriation is a horizontal distance less than one mile from the surface water source. Using the best available information, stream depletion shall be determined or estimated by the Department, employing at least one of the following methods:

(A) Suitable equations and graphical techniques that are described in pertinent publications (such as “Computation of Rate and Volume of Stream Depletion by Wells,” by C.T. Jenkins, 1968, Book 4, Chapter D1 in Techniques of Water-Resources Investigations of the United States Geological Survey);

(B) A computer program or groundwater model that is based on such or similar equations or techniques.

(5) Any wells, other than those covered in section (4) of this rule, that produce water from an aquifer that is determined to be hydraulically connected to the surface water source may be determined by the Department to have the potential to cause substantial interference with the surface water source. In making this determination, the Department shall consider at least the following factors:

(a) The potential for a reduction in streamflow or surface water supply; or

(b) The potential to impair or detrimentally affect the public interest as expressed by an applicable closure on surface water appropriation, minimum perennial streamflow, or instream water right with a senior priority date; or

(d) Whether the potential interference would be immediate or delayed; or

(e) The potential for a cumulative adverse impact on streamflow or surface water supply.

(6) All wells that produce water from an aquifer that is not hydraulically connected to a surface water source shall be assumed not to interfere with the surface water source.

[NOTE: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 536.027 & ORS 537
Statutes/Other Implemented: ORS 536.027 & ORS 537
WRD 5-2024, adopt filed 09/17/2024, effective 09/17/2024

Division 10 APPROPRIATION AND USE OF GROUNDWATER

Or. Admin. R. 690-010-0100 Purpose

The purpose of these rules is to guide implementation of the critical ground water area statutes, ORS 537.730 to 537.742.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.780
Statutes/Other Implemented: ORS 537.730 - ORS 537.742 & ORS 537.780
WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Or. Admin. R. 690-010-0110 Definitions

In addition to the definitions in OAR 690-008-0001, the following definitions apply to critical groundwater area designations conducted pursuant to ORS 537.730 to 537.742 and these rules, unless the context requires otherwise:

(1) “Affected local government” means any city, county, or metropolitan service district formed under ORS Chapter 268 or an association of local governments performing land use planning functions under ORS 195.025 located within the boundaries of the proposed critical groundwater area.

(2) “Department” means the Water Resources Department.

(3) “Director” means the Water Resources Director.

(4) “Commission” means the Water Resources Commission.

(5) “Groundwater right” means a permit, certificate, decree, or certificate of groundwater registration as provided in ORS 537.610 authorizing the appropriation and use of groundwater.

(6) “Groundwater reservoir” means a designated body of standing or moving groundwater having exterior boundaries which may be ascertained or reasonably inferred as provided in OAR 690-010-0130.

(7) “Person” means individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, public and private municipal corporations, political subdivisions, the state, and any agencies thereof, the federal government and any agencies thereof and federally recognized Indian tribes.

(8) “Exempt User” means any person who exercises the right to use groundwater pursuant to the exemption in ORS 537.545.

(9) “Determined claim” means a water right in the Klamath Basin determined and established in an order of determination certified by the Water Resources Director under ORS 539.130.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.780
Statutes/Other Implemented: ORS 537.730-537.742, ORS 537.780, ORS 537.525, ORS 536 - 537 & ORS 539.130
WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Or. Admin. R. 690-010-0120 Required Criteria for Designation of Critical Ground Water Area

(1) The Commission may adopt rules to designate an area of the state a critical groundwater area if any of the requirements under ORS 537.730(1)(a)–(g) are met. These requirements are:

(a) Groundwater levels in the area in question are declining or have declined excessively;

(b) The Water Resources Department finds a pattern of substantial interference between wells within the area in question;

(c) The department finds a pattern of interference or potential interference between wells of groundwater claimants or appropriators within the area in question with the production of geothermal resources from an area regulated under ORS chapter 522;

(d) The department finds a pattern of substantial interference between wells within the area in question and:

(A) An appropriator of surface water whose water right has an earlier priority date; or

(B) A restriction imposed on surface water appropriation or a minimum perennial streamflow that has an effective date earlier than the priority date of the groundwater appropriation

(e) The available groundwater supply in the area in question is being or is about to be overdrawn;

(f) The purity of the groundwater in the area in question has been or reasonably may be expected to become polluted to an extent contrary to the public welfare, health and safety; or

(g) Groundwater temperatures in the area in question are expected to be, are being or have been substantially altered except as specified in ORS 537.796.

(2) For the purposes of ORS 537.730(1)(d)(A), a surface water right with an earlier priority date means a certificated or permitted water right including instream water rights and inchoate transfers, a determined claim, or a right evidenced by court decree, the source of which is surface water, including springs, streams, lakes, reservoirs, rivers and a “surface water diversion” as provided in OAR 690-008-0001(4)(A).

(3) For purposes of the determination under ORS 537.730(1)(d)(B), ‘restrictions imposed on surface water appropriations’ include but are not limited to, scenic waterways and other types of legally protected surface water flows.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.780
Statutes/Other Implemented: ORS 537.730-537.742, ORS 537.780, ORS 390.835, ORS 536-537 & ORS 537.525
WRD 2-2024, minor correction filed 02/23/2024, effective 02/23/2024
WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Or. Admin. R. 690-010-0130 Additional Requirements for Critical Ground Water Area Rulemaking Process

(1) The rulemaking process for designation of a critical groundwater area is governed by the applicable provisions under ORS Chapter 183, ORS 537.730 to 537.742, OAR Chapter 690 Divisions 001 and 005, and these rules.

(2) A rule adopted by the Water Resources Commission shall:

(a) Define the boundaries of the critical groundwater area and shall indicate which of the groundwater reservoirs located either in whole or in part within the area in question are included within the critical groundwater area. Any number of groundwater reservoirs which either wholly or partially overlie one another may be included within the same critical groundwater area;

(b) Contain a provision requiring a periodic review of conditions in the critical groundwater area. The review shall be in sufficient detail to evaluate the continuing need for the critical groundwater area designation and shall occur no less frequently than once every 10 years.

(3) For the purposes of ORS 537.735(1)(a) the exterior boundaries of a critical groundwater area may be reasonably inferred or ascertained:

(a) According to the presence of physical natural boundaries, hydrological conditions, or recharge or discharge areas; or

(b) Administratively by defining an affected area that does not have boundaries defined by natural features.

(c) Additionally, to the extent that sub-areas wholly contained within the designated critical groundwater area must be defined to allow for implementation of corrective control provisions, these sub-area boundaries will also be reasonably inferred or ascertained as in 690-010-0130 (3)(a) or (3)(b).

(4) In addition to the requirements under section (1), prior to Commission adoption of a rule designating a critical groundwater area, the Department shall:

(a) Coordinate with affected local governments using the process described in OAR 690-010-0140; and

(b) Engage, as described in OAR 690-010-0150, with any federally recognized Indian tribes in Oregon;

(c) Prior to convening a rules advisory committee pursuant to ORS 183.333, the Department shall prepare a draft report based on the best available science and information, identifying the criteria met under ORS 537.730(1)(a) – (g), identifying and characterizing the groundwater reservoirs subject to the proposed critical groundwater area designation and identifying corrective control measures likely to resolve the problems that resulted in the recommendation to designate a critical groundwater area. The draft report shall be posted on the Department’s webpage until the end of the public comment period:

(A) Until the close of the public comment period, and consistent with ORS 183.335, the Department shall solicit and accept information and comments from the public regarding the draft report;

(B) The Department shall review the information and comments received and present a final report to the Commission that includes the Department’s findings and conclusions and includes an assessment of the information and comments received;

(C) The report’s findings and conclusions with respect to designation of a critical groundwater area shall be supported by substantial evidence that justifies the designation.

(5) In addition to the notice requirements under ORS 183.335, the Department shall give notice of the proposed rules by regular mail to:

(a) The owners of record of all groundwater registrations, inchoate transfers, permits and certificates for groundwater use within the affected area. For the purpose of providing notice by regular mail, the Department may rely upon the available county tax lot ownership information for parcels underlying or overlapping with water right places of use in the proposed critical groundwater area.

(b) All tax lot owners within the affected area and not within a municipal or quasi-municipal water service area.

(6) At least 60 days after notice of the proposed rules is provided under ORS 183.335, ORS 537.730(3) and these rules, the Department shall hold at least one public hearing within each county in which the proposed critical groundwater area lies. Notice of the hearing shall be provided in a manner consistent with ORS 537.730(3) and ORS 183.335(3)(b).

(7) As of the effective date of the 2023 amendments to these OAR Chapter 690, Division 010 rules, the Department had convened a Rulemaking Advisory Committee to consider adoption of a critical groundwater area in the Malheur Lake Basin (OAR Chapter 690, Division 512). These amended Division 010 rules, OAR 690-010-0100 through OAR 690-010-0240, apply to the proposal and adoption of any critical groundwater area rules arising from the already convened Rulemaking Advisory Committee, except as follows: The Department shall post the draft report required by OAR 690-010-0130(4)(c), initiate coordination with affected local governments as provided in OAR 690-010-0140(1), and initiate engagement with applicable federally recognized Indian tribes as provided in OAR 690-010-0150(1), no less than 60 days before issuing a notice of proposed rulemaking pursuant to ORS 183.335.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.780
Statutes/Other Implemented: ORS 537.730-537.742, ORS 537.780, ORS 537.525, ORS 183 & ORS 536-537
WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Or. Admin. R. 690-010-0140 Land Use Planning Coordination with Affected Local Government

(1) Prior to convening a Rules Advisory Committee under ORS 183.333, the Department shall initiate coordination with affected local governments pursuant to the applicable provisions under ORS Chapter 197 (State Agency Planning Responsibilities), OAR Chapter 690, Division 005 (Compliance With Statewide Planning Goals, Compatibility With Comprehensive Plans, And Coordination On Land Use Matters), and these rules.

(2) To facilitate coordination as described in the State Agency Coordination Program, the Department shall provide a copy of the draft report that will be posted on the Department’s website under OAR 690-010-0130(4)(c)(B).

History

Statutory/Other Authority: ORS 537.780
Statutes/Other Implemented: ORS 536.027, ORSA 537.730 - 537.742, ORS 537.525, ORS 537.780, ORS 183, ORS 536-537 & ORS 197
WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Or. Admin. R. 690-010-0150 Engagement with Federally Recognized Indian Tribes

(1) Prior to convening the Rules Advisory Committee under ORS 183.333, the Department shall initiate engagement with any federally recognized Indian tribes with reservation lands within the proposed critical groundwater area boundary and with any federally recognized Indian tribes in Oregon who have expressed an interest in the proposed critical groundwater area.

(2) To aid with the engagement the Department will provide a copy of the draft report that will be posted on the Department’s website under OAR 690-010-0130(4)(c)(B).

History

Statutory/Other Authority: ORS 536.027 & ORS 537.780
Statutes/Other Implemented: ORS 537.780, ORS 537.730 -537.742, ORS 537.525, ORS 183 & ORS 536-537
WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Or. Admin. R. 690-010-0160 Content, Filing, and Review of Adopted Critical Groundwater Area Rules

(1) Any rule adopted by the Commission under ORS 537.730 and these rules shall include the requirements of ORS 537.735. Corrective control measures that limit or otherwise restrict existing rights or uses of groundwater in a critical groundwater area may be implemented only as consistent with the provisions of ORS 537.742, ORS 183, and OAR 690-010-0170 – 0230.

(2) A critical groundwater area rule may include any one or more of the corrective control provisions under ORS 537.735(3)(a)–(f) that may be applied to the entire critical groundwater area or to designated subareas of the critical groundwater area. These corrective control provisions include:

(a) A provision closing the critical groundwater area to any further appropriation of groundwater, in which event the commission shall thereafter refuse to accept any application for a permit to appropriate groundwater located within such critical area;

(b) A provision determining the permissible total withdrawal of groundwater in the critical area each day, month or year;

(c) The disposition of any application for a water right permit for the use of water in the area that is pending at the time the commission initiates the rulemaking process or that is received during the rulemaking process;

(d) Any one or more provisions making such additional requirements as are necessary to protect the public welfare, health and safety in accordance with the intent, purposes and requirements of ORS 537.505 to 537.795 and 537.992;

(e) A provision closing all or part of the critical groundwater area to further appropriation of groundwater for its thermal characteristics;

(f) A provision determining the permissible change in thermal characteristics of groundwater in all or part of the critical groundwater area each day, month or year. Insofar as may be reasonably done, the Water Resources Director shall apportion the permissible total temperature impact among those appropriators whose exercise of valid rights in the critical area affect the thermal characteristics of the groundwater, in accordance with the relative dates of priority of such rights.

(3) The Department shall file a copy of any rules designating a critical groundwater area with the Secretary of State as provided in ORS 183.355 and with the county clerk of each county within which any part of a critical groundwater area lies, and the county clerk shall record the designation in the deed records of the county.

(4) The Department shall conduct a periodic review of conditions within the critical groundwater area no less than once every 10 years to evaluate the continuing need for the critical groundwater area.

(5) In addition to the requirements of section (4), if the Commission adopts a critical groundwater area rule that limits groundwater use, the Commission shall review the rule at least once every three years. The review process shall include public notice and an opportunity to comment on the rule.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.780
Statutes/Other Implemented: ORS 537.780, ORS 537.730 - 537.742, ORS 537.525, ORS 183 & ORS 536-537
WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Or. Admin. R. 690-010-0170 Initial Notification of Proposed Corrective Control Orders

(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.

(4) In addition to proposed corrective control provisions as provided in subsection (3), the Department’s Initial Notification of Proposed Corrective Control Orders must include:

(a) Identification of the critical groundwater area or sub-areas in which the corrective control provisions are proposed;

(b) A statement describing the factors that led to the designation of the critical groundwater area;

(c) A description of the proposed corrective control provisions that the Department believes will resolve the problems that resulted in the designation of the critical groundwater area;

(d) A description of the geographic area in which corrective control provisions will be proposed; and

(e) A description of how persons may request a Notice of Proposed Corrective Control Orders and the deadline for requesting such notice.

(5) The Department shall give notice of its Initial Notice of Proposed Corrective Control Orders by:

(a) Publication in a newspaper having general circulation in the area in which the corrective control provisions will be proposed, for a period of at least two weeks and not less than one publication each week;

(b) Publication in the weekly notice published by the Department for four consecutive weeks;

(d) Regular mail to the owners of record of all groundwater registrations, inchoate transfers, permits and certificates for groundwater use within the affected area. For the purpose of providing notice by regular mail, the Department may rely upon the available county tax lot ownership information for parcels underlying or overlapping with water right places of use in the proposed critical groundwater area;

(e) Holding a public meeting in the area, or as near as practicable to the area, in which the corrective control provisions will be proposed and;

(f) Posting the Initial Notification of Proposed Corrective Control Orders on its website.

(6) Persons requesting a copy of the Department’s Notice of Proposed Corrective Control Orders must request a copy of the notice by the deadline specified in the Initial Notification of Proposed Corrective Control Orders. The request shall be on a form provided by the Department on its website, and shall include information from the requestor that establishes whether:

(a) The requester holds a groundwater right within the area defined in the Initial Notification of Proposed Corrective Control Orders;

(b) The requester is an exempt user of groundwater; or

(d) The mailing address and electronic mail address to which the Department may mail and e-mail its Notice of Proposed Corrective Control Orders and the requestor’s preference for method of notification.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.780
Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742, ORS 537.525, ORS 183 & ORS 536 - 537
WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Or. Admin. R. 690-010-0180 Notice of Proposed Corrective Control Orders

(1) Following issuance and notification of the Initial Notification of Proposed Corrective Control Orders, and prior to implementation of any proposed corrective control provisions as may limit the use of groundwater in the critical groundwater area, the Department shall issue a Notice of Proposed Corrective Control Orders proposing implementation of one or more corrective control provisions as specified in ORS 537.742(2)(a )– (f).

(2) The Notice of Proposed Corrective Control Orders is a notice for the purposes of ORS 183.415 and shall, in addition to those elements in ORS 183.415 and OAR 137-003-0505, include the following:

(a) A case caption that identifies the critical groundwater area at issue including a citation to the rule establishing the critical groundwater area and identification of each county in which the critical groundwater area is located;

(b) A statement of the problem resulting in designation of the critical groundwater area that may be addressed by the proposed corrective control provisions limiting the use of groundwater in the critical groundwater area;

(d) A description of the area where the Director intends to implement the proposed corrective control provisions including attachment of any maps as necessary to clearly show the area of intended corrective control provisions such that groundwater right holders and exempt users located within the area of intended action may determine whether they will be affected by the proposed corrective control provisions;

(e) Identification of those groundwater right holders and exempt users whose rights to use groundwater may be limited or otherwise restricted by the proposed corrective control provisions;

(f) Findings of fact that support a conclusion that the problem(s) that resulted in designation of a critical groundwater area may be corrected by implementing the corrective control provisions specified in the Notice of Proposed Corrective Control Orders;

(g) Reference to scientific information that supports the agency’s findings of fact;

(h) Conclusions of law based on the findings of fact and applicable law;

(i) An explanation of the reasoning that leads from the findings of fact to the conclusion that the problems that resulted in designation of the critical groundwater area may be resolved by implementation of the corrective control provisions identified in the notice;

(j) A notice of right to a contested case hearing pursuant to ORS chapter 183.415 and OAR 137-003-0505;

(k) A deadline for filing a Notice of Party Status, as provided in OAR 690-010-0190 by persons holding a groundwater right or exempt users this deadline will be no less than 30 days after the Notice of Proposed Corrective Control Orders is mailed; and

(l) A deadline for filing a Petition for Party Status as provided in OAR 690-010-0190; this deadline will be no less than 30 days after the Notice of Proposed Corrective Control Orders is mailed.

(3) The Department shall provide notification of the Notice of Proposed Corrective Control Orders by:

(a) Mailing copies of the Notice of Proposed Corrective Control Orders by certified or registered mail to groundwater right holders and exempt users whose wells are within the identified area in which corrective control provisions are proposed and whose use of groundwater will be limited by proposed corrective control provisions but only as the Department possesses contact information or may reasonably obtain contact information;

(b) First class mail to any affected local governments and to federally recognized Indian Tribes within Oregon;

(c) Mailing copies of the Notice of Proposed Corrective Control Orders by regular mail to persons who have timely requested copies of the notice and who chose mail as their preferred method of contact as provided in OAR 690-010-0170(6);

(d) Emailing copies of the Notice of Proposed Corrective Control Orders to persons who have timely requested copies of the notice and who chose email as their preferred method of contact as provided in OAR 690-010-0170(6);

(e) Publication in the weekly notice published by the Department for four consecutive weeks;

(f) Publication on the Department’s website.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.780
Statutes/Other Implemented: ORS 537.780, ORS 537.730 - 537.742, ORS 537.525, ORS 183 & ORS 536 - 537
WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Or. Admin. R. 690-010-0190 Notices of Party Status and Petitions for Party Status

(1) For the purposes of this rule, the definition of “person” excludes a state agency as “agency” is defined in ORS 183.310(1).

(2) Notice of Party Status. Persons who hold a groundwater right whose groundwater use may be limited and exempt users whose groundwater use may be limited as described in the Notice of Proposed Corrective Control Orders will be deemed to have been named parties to the contested case upon filing a complete, written Notice of Party Status with the Department by the deadline specified in the Notice of Proposed Corrective Control Order. A Notice of Party Status shall include:

(a) Name and address of any petitioners;

(b) Name and address of the petitioner’s attorney, if any; and

(c) Identification of the water right held by the petitioner or identification of the exempt well and exempt uses, owned or used by the petitioner.

(d) A Notice of Party Status may also include:

(A) A detailed description of how the corrective control provisions in the Notice of Proposed Corrective Control Orders would adversely affect or aggrieve petitioner supported by an affidavit stating such facts;

(B) A detailed description of how the Notice of Proposed Corrective Control Orders is in error or deficient and how to correct the alleged error or deficiency;

(C) A detailed description of whether the problem(s) that resulted in the designation of the critical ground water area may or may not be corrected by implementing the corrective control provisions specified in the agency notice and why; and

(D) Any citation of legal authority supporting the petition, if known.

(3) Petition for Party Status. Any other persons may seek party status in the contested case regarding a Notice of Proposed Corrective Control Orders by filing a Petition for Party Status with the Department by the deadline specified in the Notice of Proposed Corrective Control Order:

(a) A Petition for Party Status must be in writing, must be consistent with the provisions in OAR 137-003-0535 and OAR 137-003-0630 and must be timely filed in the Department’s Salem office by the deadline described in 690-010-0180(2)(I) in the Notice of Proposed Corrective Control Orders. The deadline shall be at least 120 days before the date set for the contested case hearing;

(b) Consistent with the provisions of OAR 137-003-0535 the Department may identify persons who shall be parties or limited parties in a contested case hearing regarding the Notice of Proposed Corrective Control Orders.

(4) Notice of Party Status and Petitions for Party Status shall be considered filed on the date postmarked. Notices of Party Status or Petitions for Party Status sent by facsimile or hand-delivered are considered filed when received by the Department in its Salem office. In computing the period of time for timely filing, the last day of the time period shall be included, unless it is a scheduled day of office closure, in which event the time period runs until the end of the next day that the office is open. Scheduled days of office closure include, but are not limited to, Saturdays and legal holidays identified in ORS 187.010 and 187.020, including Sundays.

(5) State Agency Party Status. Any state agency seeking to request a hearing or petition for party status must follow the procedures in OAR 137-003-0540. A state agency seeking party status may notify the Oregon Water Resources Department of its intent to seek party status before the contested case is referred to the Office of Administrative Hearings.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.780
Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742, ORS 537.525, ORS 183 & ORS 536-537
WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Or. Admin. R. 690-010-0200 Scope of Contested Case Hearing

(1) A contested case hearing shall be conducted to establish one or more of the corrective control provisions in ORS 537.742 that limits use of groundwater in the critical groundwater area as provided in the Notice of Proposed Corrective Control Orders.

(2) Except as otherwise provided in ORS 183.417(8) the Director shall create a list of issues to be heard in the contested case and shall refer that list to the Office of Administrative Hearings at the time the Notice of Proposed Corrective Control Orders is referred:

(a) The list of issues shall include those issues raised in a timely-filed Notice of Party Status with the information provided in 690-010-190(2)(d)(A) - (D) though issues may be categorized or summarized as furthers efficient administration of the contested case;

(b) Parties to the contested case may seek amendment or clarification of the list of issues consistent with the provisions of OAR 137-003-0630.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.780
Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742, ORS 537.525, ORS 183 & ORS 536-537
WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Or. Admin. R. 690-010-0210 Conduct of Contested Case

(1) The conduct of the contested case regarding the Notice of Proposed Corrective Control Orders shall be governed by OAR 137-003-0501 to 137-003-0700 except as otherwise provided in these rules.

(2) The Department shall refer the contested case to the Office of Administrative Hearings as provided in OAR 137-003-0515.

(3) The Department shall post on its webpage the information contained in its referral to the Office of Administrative Hearings and may also post maps, reports or any other information that supports or otherwise is relevant to the Notice of Proposed Corrective Control Orders including links to information referred to in the Notice of Proposed Corrective Control Orders.

(4) Discovery against the Department is only as provided in OAR 137-003-0566(1)(a)-(c). Pursuant to OAR 137-003-0566(2), the Department finds that availability of other discovery methods would unduly complicate or interfere with the hearing process, because of the large number of parties and extensive scope of the hearing, and the need for speed and informality in that process, and that alternative procedures for the sharing of relevant information (including the availability of the information posted as provided in subsection (3) and the availability of public records requests pursuant to Oregon’s Public Records Law), are sufficient to ensure the fundamental fairness of the proceedings

(5) Service and filing of documents in the contested case hearing may be by electronic means only as directed and allowed by the Administrative Law Judge.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.780
Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742, ORS 537.525, ORS 183 & ORS 536-537
WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Or. Admin. R. 690-010-0220 Exceptions to Proposed Order

(1) Exceptions to the Proposed Order issued by the Administrative Law Judge after a contested case hearing must be filed with the Department in its Salem office within 60 days following the date of service of the Proposed Order. Parties must mail or hand-deliver a hard copy of their exceptions to the Department at its Salem offices and must also email an electronic copy to all the email addresses listed on the Certificate of Service.

(2) The Commission must consider timely-filed exceptions but need not individually address each exception in any final order issued. The Commission may form a subcommittee of Commission members to review the exceptions and may provide a report to the Commission prior to the Commission issuing a final order.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.780
Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742, ORS 537.525, ORS 183 & ORS 536-537
WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Or. Admin. R. 690-010-0230 Final Order in Contested Case

(1) Upon conclusion of the contested case hearing, including the consideration of exceptions filed against a proposed order issued by the administrative law judge, the Commission shall issue a final order in contested case.

(2) If, after consideration of the contested case record, the Commission finds that the factors that resulted in the designation of a critical groundwater area under ORS 537.730 can be resolved by implementing one or more of the corrective control measures specified in the Notice of Proposed Corrective Control Orders, the Commission shall issue a final order establishing one or more of the proposed corrective control provisions provided in ORS 537.742.

(3) Final orders in contested case must be consistent with ORS 183.650 and OAR 137-003-0665 and directed to the named parties in the contested case proceeding.

(4) Final orders in default issued to a party in the contested case hearing must be consistent with OAR 137-003-0670.

(5) If no person or state agency files a timely Notice of Party Status, Petition for Party Status, or state agency request for party status, the Commission shall issue a final order in default consistent with OAR 137-003-0670.

(6) The Commission’s final order in contested case is appealable to the Oregon Court of Appeals pursuant to ORS 183.482 and ORS 536.075.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.780
Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742, ORS 537.525, ORS 183 & ORS 536-537
WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Or. Admin. R. 690-010-0240 Procedure for Making Changes to Existing Critical Groundwater Area

(1) Where a critical groundwater area is established and described in rule only, and the Commission seeks to expand, alter or reduce the boundaries of the existing critical groundwater area, the Commission must follow the processes for establishing a new critical groundwater area as provided in ORS 537.730 – 735 and OAR 690-010.

(2) Where a critical groundwater area is established by an order or proclamation that is referenced in a basin program rule, the Commission may amend the basin program rule referencing the critical groundwater area order or proclamation so as to confirm the order’s or proclamation’s provisions governing designation of the critical groundwater area or the establishment of corrective control provisions and may alter or modify a designated critical groundwater area only as consistent with subsection (1). Any rulemaking as provided in this subsection does not amend an order or proclamation as it directs the disposition of individual rights adjudicated in the order or proclamation.

(3) Insofar as critical groundwater area rules, orders or proclamations are amended to establish new or amended critical groundwater area designations or new or amended corrective control measures, such corrective control measures may apply:

(a) To those groundwater rights previously adjudicated in a critical groundwater area order or proclamation only upon completion of a contested case initiated pursuant to ORS 537.742 and ORS 183;

(b) To pending groundwater applications and present groundwater rights, only upon completion of a contested case initiated pursuant to ORS 537.742 and ORS 183.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.780
Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742, ORS 537.525, ORS 183 & ORS 536-537
WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Division 12 OUT-OF-BASIN DIVERSION

Or. Admin. R. 690-012-0010 Purpose

These rules prescribe the definitions, standards, information requirements, and fees for processing an application proposing an out-of-basin diversion of water. The Water Resources Commission shall use these rules to evaluate the merits of applications to divert water from one basin to another.

History

Statutory/Other Authority: ORS 537
Statutes/Other Implemented: ORS 537
WRD 2-1991, f. & cert. ef. 2-8-91

Or. Admin. R. 690-012-0020 Definitions

As used in these rules, the following terms shall have the indicated meanings.

(1) “Basin” means one of the river basins within this state as defined by Water Resources Department map number 0.2, dated 1987, and entitled “Oregon Drainage Basins,” unless the context requires otherwise.

(2) “Basin of origin” means the basin in which surface or groundwater that is the subject of an application under ORS 537.211, 537.400, 537.620, 540.520, 543.210, or 543.290 is located.

(3) “Commission” means Water Resources Commission.

(4) “Department” means the Water Resources Department.

(5) “Director” means Water Resources Director.

(6) “Harm” means to waste or use water inefficiently, deplete water supplies to the detriment of existing right holders or public uses, overdraft groundwater supplies or degrade the quality of surface or groundwater.

(7) “Historically Transported” means the exercise of a valid water right, within the last five years, in a manner that is beneficial and lawful.

(8) “Out-of-Basin-Diversion Application” means either:

(a) An application for a new use of water that proposes to divert water for use outside the basin of origin; or

(b) An application to change the place of use of an existing right to a place outside the basin of origin.

(9) “Planned Uses or Development” means a proposed use of water for which a permit has been issued or an application has been received by the Department.

(10) “Regional Municipal Water Service” means regular service of water for municipal purposes in accordance with the provisions of ORS 540.510, 540.530, and ORS Chapter 450, or such water service to multiple jurisdictions through one or more providers and systems.

(11) “Return Flow” means water that returns to a stream either uncontrolled or by controlled conveyance following its diversion and use from a surface or groundwater source.

History

Statutory/Other Authority: ORS 537
Statutes/Other Implemented: ORS 537
WRD 2-1991, f. & cert. ef. 2-8-91

Or. Admin. R. 690-012-0030 General Provisions

The following general provisions shall apply to out-of-basin-diversion applications:

(1) These rules shall apply to all out-of-basin-diversion applications subject to ORS 537.803 proposing to divert 0.5 cubic feet per second or more of either surface water, groundwater or both.

(2) Out-of-basin-diversion applications for new uses processed under these rules shall also comply with all other applicable provisions of OAR 690, division 11.

(3) Out-of-basin-diversion applications to change the place of use processed under these rules shall also comply with all other applicable provisions of OAR 690, division 15.

(4) No out-of-basin-diversion application subject to ORS 537.803 shall be accepted by the Department until it addresses each of the information requirements described in OAR 690-012-0040.

(5) No out-of-basin-diversion application subject to ORS 537.803 shall be approved unless the Commission has reserved water to meet future needs, including economic development and public uses in the basin of origin.

(6) All out-of-basin-diversion applications subject to ORS 537.803 proposing to divert 50 cfs or more shall require the consent of the Legislative Assembly.

(7) All out-of-basin-diversion applications subject to ORS 537.803 shall be the subject of one or more public hearings, at least one of which shall be held in the basin of origin.

(8) These rules shall not apply to applications to exchange water involving transfer of water out of the basin of origin.

(9) These rules shall not apply to applications by cities to facilitate regional municipal water service if the city has historically transported water between the basin of origin and the proposed receiving basin.

History

Statutory/Other Authority: ORS 537
Statutes/Other Implemented: ORS 537
WRD 2-1991, f. & cert. ef. 2-8-91

Or. Admin. R. 690-012-0040 Standards and Information Requirements

In order for an out-of-basin-diversion application to be approved, the standards and requirements in sections (1) through (8) of this rule shall be met to the Commission’s satisfaction. The Commission shall decide if each standard is met based on information provided in the application, during the public hearing and in written comments received within 20 days after the date of the final public hearing. Information required in the application shall include, at a minimum, those items listed for each standard in sections (1) through (8) of this rule. Except where the rules specify otherwise, this information shall address conditions for the basin of origin as a whole and for the specific surface or groundwater source proposed for diversion. Information for the basin of origin as a whole may be general in content. Information for the specific surface or groundwater source affected shall be detailed. In applying the standards, the Commission may make allowances where existing information is incomplete, does not exist, or is inadequate to clearly meet the standard. The information required under this rule is in addition to any other information required on applications under the Commission’s rules on Applications and Permits, OAR 690, division 11 and Water Right Transfers, OAR 690, division 15.

(1) In order to be approved, an out-of-basin-diversion application shall demonstrate to the Commission’s satisfaction, the amount of water in the basin of origin available for future appropriation in the basin of origin and for the proposed use. In demonstrating water availability, the application shall include an analysis of:

(a) Annual and monthly discharge for the basin as a whole and for the specific surface or groundwater source proposed for diversion. Analysis shall include at least the 80 percent frequency discharges and reflect both natural (without storage or diversion) and regulated conditions at the mouth and the point of diversion. Discharge shall be expressed in units of cubic feet per second and acre feet;

(b) Groundwater in storage and amount of annual recharge for the basin as a whole and for the specific groundwater source proposed for diversion. The evaluation shall indicate whether the recharge is natural or artificial. If groundwater recharge is artificial, the source of the recharge water shall be identified. Volumes of water shall be expressed in units of acre feet;

(c) Existing water rights for the basin as a whole and for the specific surface or groundwater source proposed for diversion. Separate summaries shall be prepared for surface water and groundwater rights. Each summary shall provide a breakdown of water rights by use category, quantity of rights in terms of cfs, and by season of use (irrigation season). The summary shall include minimum streamflows, instream water rights and reservations of water;

(d) Water use for the basin as a whole and for the specific surface or groundwater source proposed for diversion. Analysis shall include an evaluation of water use based on actual measurements, water use reports and estimates. The evaluation shall cover all major water use (beneficial use) categories, both consumptive and nonconsumptive. For each water use category, the analysis shall indicate the amount of water used annually and monthly. Water use shall be expressed in terms of cubic feet per second and acre feet. If the evaluation of water use is based on measurements or reported data, the analysis shall describe the measurement techniques and cite the sources of the reported data. If water use is estimated, the analysis shall describe the information used and all assumptions made in enough detail to permit the Department to verify the accuracy of the estimate;

(e) Water availability for the basin as a whole and for the specific surface or groundwater source proposed for diversion. Water shall be considered available for any given period of time only if the flow that occurs four out of five years (80% frequency) during the period exceeds expected water use by all water rights. An analysis of water availability shall be based on the information required in subsections (a) through (d) of this section. The analysis shall include a statement of water available on an annual and monthly basis. Available water shall be stated in terms of cubic feet per second and acre feet;

(f) Legislative and administrative restrictions on water use for the basin as a whole and for the specific surface or groundwater source proposed for diversion. Analysis shall include determinations of flow and water volume contributed by surface or groundwater sources protected from appropriation by legislation or Gubernatorial designation. Elements included in this analysis shall include:

(A) Legislative withdrawals and grants;

(B) State scenic waterways;

(D) Commission withdrawals.

(2) In order to be approved, an out-of-basin-diversion application shall demonstrate to the Commission’s satisfaction, that the proposed diversion will not use water necessary to meet projected future water needs in the basin of origin. In describing projected water needs, the application shall include an analysis of:

(a) Existing population, demographic trends and growth projections. Growth projections shall extend at least 20 years into the future. In providing this analysis, the applicant shall consult with the Center for Population Research and Census at Portland State University and the individual city and county planned departments for the counties included in the basin of origin;

(b) Projected water demand by major use category. This evaluation shall cover at least the categories of municipal, industrial, agricultural and instream water demands. For each major use category, the evaluation shall state the relative percent of projected demand allocated to surface water and groundwater. At a minimum, information supplied to meet this requirement shall reflect:

(A) Facilities plans applicable within an urban growth boundary containing a population greater than 2,500;

(B) Economic Development Department economic strategies, plans or prospects for individual cities, counties, or regions in the basin of origin;

(C) Department of Agriculture and Oregon State University Extension Service Inventories and projections for irrigated agriculture in the basin or origin;

(D) The pertinent management plans for fish, wildlife, habitat, water quality, recreation, or other area of responsibility of the agencies listed in paragraphs (7)(a)(A) through (E) of this rule.

(3) In order to be approved, an out-of-basin-diversion application shall demonstrate to the Commission’s satisfaction, that the proposed diversion will not harm return flows that benefit water users in the basin of origin. At a minimum, the analysis shall include:

(a) An evaluation of existing and prospective water use by major use category on the proposed diversion source upstream from the proposed point of diversion;

(b) An estimate of the existing and prospective amounts of water that return to the proposed source of diversion upstream from the proposed point of diversion;

(c) An evaluation of existing water rights issued specifically on return flows, effluent discharge, wasteways or recycled water originating upstream and passing the point of diversion for use downstream.

(4) In order to be approved, an out-of-basin-diversion application shall demonstrate to the Commission’s satisfaction, that the proposed diversion will not harm supplies of surface or groundwater in the basin of origin. The application shall describe the relationship between surface and groundwater and, at a minimum, shall include:

(a) An identification and discussion of groundwater recharge and discharge zones and how surface water and groundwater affect each other in these zones;

(b) An identification of areas where groundwater and surface water are or may be hydraulically interconnected and a discussion of annual and seasonal exchange between these resources;

(c) An evaluation of the relationship between water quantity and quality for both surface water and groundwater and how conditions present in one resource affect conditions in the other;

(d) An evaluation of whether the proposed project will occur in an area of groundwater-surface water hydraulic interconnection and if so, a discussion of the potential and expected impacts of the proposed project on the quantity or quality of either;

(e) In responding to subsections (a) through (d) of this section, any assumptions relied upon or modeling conducted by the applicant shall first be reviewed and approved by the Department.

(5) In order to be approved, an out-of-basin diversion application shall demonstrate to the Commission’s satisfaction, that it will not injure or interfere with existing water rights or planned uses or developments within the basin or origin. At a minimum, the analysis shall include:

(a) A summary of the water rights by type of use, quantity of diversion and characteristics of use, that occur on the stream or in the stream system from which the proposed project will divert water The same information shall be supplied for each aquifer affected if groundwater is proposed as the source of diversion;

(b) A description of all proposed diversion and transmission works and their physical and geographical proximity to existing diversion and transmission facilities. The description shall include a discussion of potential impacts of the proposed project works on existing facilities and the means and methods of avoiding such impacts;

(d) A description of the type, frequency, period and extent of water rights regulation on the proposed surface or groundwater source of diversion. The description shall include an explanation of the resource problem(s) requiring regulatory measures.

(6) In order to be approved, an out-of-basin-diversion application shall demonstrate to the Commission’s satisfaction, that the proposed diversion will not adversely affect the quantity or quality of water available for municipal or domestic use in the basin or origin. The analysis shall include:

(a) A description of existing municipal and domestic water rights relying on the same stream or aquifer proposed for the out-of-basin diversion. The description shall include estimated or reported water use by individual municipalities;

(b) A description of any municipal or domestic water storage facilities or reservations of water for municipal or domestic use affecting the proposed source of diversion;

(c) An evaluation of ambient water quality in the stream or stream system affected by the proposed diversion. This evaluation shall be based either on data and analysis by the Department of Environmental Quality (DEQ) or water quality data gathered and analyzed in accordance with DEQ specifications;

(d) A description of construction and operation practices proposed to prevent water quality standards violations or impacts to designated beneficial uses.

(7) In order to be approved, an out-of-basin-diversion application shall demonstrate to the Commission’s satisfaction, that public uses in the basin of origin will not be harmed. An analysis of the proposed project impacts on public uses shall include:

(a) A statement of public uses existing in the basin and on the proposed source of diversion. This statement shall include public uses covered by existing water rights as well as those public uses which derive from the presence of live flow. In determining the presence of public uses, the applicant shall consult with the state agencies listed in paragraphs (A) through (E) of this subsection. Evidence of consultation with these agencies shall be included with the application:

(A) Water Resources Department;

(B) Department of Fish and Wildlife;

(D) Department of Parks and Recreation;

(E) Division of State Lands.

(b) A statement of flows or quantities of water needed to maintain public uses. This statement shall reflect existing water rights for such purposes or projected water needs as recommended for such purposes by the agencies listed in paragraphs (7)(a)(A) through (E) of this rule. If water rights do not exist for public uses, the agencies recommendations shall specify flow levels by month necessary for public uses. If no flow information is available, the applicant shall determine the necessary flows based on methods of determining instream water rights approved by administrative rules prepared by the Departments of Fish and Wildlife, Environmental Quality and Parks and Recreation as required in OAR 690-077-0020(3);

(c) A statement of how the size, placement, design, shape, color and other physical features of the proposed diversion will affect public uses. This statement shall include comments from the agencies listed in subsection (a) of this section.

(8) In order to be approved, an out-of-basin transfer application shall demonstrate to the Commission’s satisfaction, that suitable alternative sources of water, including conservation, within the proposed basin of use are not available for the proposed use.

History

Statutory/Other Authority: ORS 537
Statutes/Other Implemented: ORS 537
WRD 2-1991, f. & cert. ef. 2-8-91

Or. Admin. R. 690-012-0050 Fees

(1) The applicant shall bear all costs to the State of Oregon for processing an application for an out-of-basin diversion. An application for an out-of-basin diversion shall be accompanied by the following fees:

(a) An examination fee of $1,500;

(b) A publication of analysis fee of $1,000; and

(2) The Department shall maintain an accounting of all costs incurred in review of the application. The Department shall bill the applicant quarterly for all costs incurred in excess of the examination, publication and hearing fee amounts listed in section (1) of this rule. The first billing shall be made at the end of the calendar quarter in which the application is received. Additional billings shall be made at the close of each quarter thereafter until the application is approved or rejected. If the applicant fails to pay the Department within 30 days of billing, the Department shall suspend review until payment is made. If the applicant refuses to pay any billing, the Department shall halt further review and take steps to reject the application. Expenses for the following items shall be completely reimbursed by the applicant:

(a) Staff time spent in review, analysis, consultation, public hearings, report preparation, and presentation to the Commission;

(b) Staff and Commissioner’s travel expenses, including mileage, meals and lodging, incurred in travel to and from and conduct of public hearing(s) on the proposed application;

(c) Public notice and publication expenses, including reproduction and printing costs, newspaper and other publishing fees, and postage;

(d) Hearing expenses, including rental of a hearing facility, audio and visual equipment, and professional transcription fees; and

(e) Such other expenses as may be incurred in the processing of the application, including the reasonable expenses of any state agency incurred for any of the items listed in subsections (a) through (d) of this section in providing services requested by the Department or Commission. Any request for services made by the Department or Commission shall be in writing and shall specify the particular service(s) being requested.

(3) Time spent by state agencies in consultation with the applicant as required in OAR 690-012-0040(7)(a)(A) through (E), shall not be at the applicant’s expense.

History

Statutory/Other Authority: ORS 537
Statutes/Other Implemented: ORS 537
WRD 2-1991, f. & cert. ef. 2-8-91

Division 13 PETITION TO CHANGE DEPARTMENT RECORDS WITHIN WATER DISTRICTS

Or. Admin. R. 690-013-0005 Introduction

The purpose of these rules is to establish the criteria for filing petitions to adjust the water right record to match the actual use of the water within districts. Such petitions were authorized by ORS 541.325–541.333, 536.050, and 540.520 as modified by Chapter 818, Oregon Laws 1993. This process cannot enlarge the original right or injure existing rights. The rules also define the standards for petitions and maps submitted by districts and for individual applications.

History

Statutory/Other Authority: ORS 541.325 - 541.333
Statutes/Other Implemented: ORS 537.325 - 541.333
WRD 4-1994, f. & cert. ef. 3-25-94
WRD 1-1993, f. & cert. ef. 2-3-93
WRD 1-1990, f. & cert. ef. 1-11-90

Or. Admin. R. 690-013-0010 Definitions

(1) “Altered by the Petition or Proposed Order”: A water right is altered by the petition or proposed order if its defining parameters would be changed if the petition or proposed order were approved. The defining parameters include, among others, the place of use, rate, duty, and limitations.

(2) “Application” means a written request by individuals to change or transfer a water right. See the definition of “petition.”

(3) “Commission” means the Water Resources Commission.

(4) “Department” means the Water Resources Department.

(5) “Director” means the Director of the Department.

(6) “General Description” means the location of property or district by government subdivision, metes and bounds or tax lot.

(7) “Interim Transfer” means a change in use or place of use of those rights eligible under OAR 690, division 13, made during the preparation of a petition, and prior to the submission of that petition to the Water Resources Department.

(8) “Owned or Controlled” means ownership in fee, purchase on a land sale contract, option to purchase or lease.

(9) “Perfected Water Right” means a water right confirmed by a court decree, water right certificates or transfers recognized as complete by the Department.

(10) “Petition” means a written request by a district for a new water right certificate which will include changes within districts. See the definition of “application.”

(11) “Transfer” means a formal change of use or place of use of a perfected water right, pursuant to OAR 690, division 15.

(12) “User” means an owner of land with an appurtenant water right pursuant to current state records or proposed to be recognized as a result of a petition; and subject either previously or currently, to assessment by a district and which right would be altered by the petition and map filed by a district.

History

Statutory/Other Authority: ORS 541.325 - 541.333
Statutes/Other Implemented: ORS 537.325 - 541.333
WRD 4-1994, f. & cert. ef. 3-25-94
WRD 1-1990, f. & cert. ef. 1-11-90

Or. Admin. R. 690-013-0030 Eligibility to Petition

(1) The following types of water rights are eligible to petition:

(a) A perfected water right which has been assessed by a district in at least one of the last five years. It is not necessary for the water right to be in the name of the district;

(b) An approved transfer of water rights to lands which have been assessed by a district in at least one of the last five years but are not certified by the Department; and

(2) The following are not eligible to petition:

(a) A permit which is a primary supply of water; and

(b) A request for point of diversion change.

History

Statutory/Other Authority: ORS 541.325 - 541.333
Statutes/Other Implemented: ORS 537.325 - 541.333
WRD 4-1994, f. & cert. ef. 3-25-94
WRD 1-1990, f. & cert. ef. 1-11-90

Or. Admin. R. 690-013-0050 Individual Applications

(1) If the district fails or refuses to file a petition, an owner may file an application affecting only the owner’s land. The application shall be on the form provided by the Department. Division 15 transfer rules shall apply except that the applicant shall not be obliged to hire a Certified Water Right Examiner to prepare the application map and claim of beneficial use. Fees for those applications shall be as specified in ORS 536.050.

(2) Several owners within a section quarter-quarter may file as a group. The application shall comply with division 15 rules except that the applicant shall not be obliged to hire a Certified Water Right Examiner to prepare the application map and claim of beneficial use. There are no fees required by these applications.

(3) Applications under this section will adhere to the timing and verification procedures found in OAR 690-013-0300 and 690-013-0350.

History

Statutory/Other Authority: ORS 541.325 - 541.333
Statutes/Other Implemented: ORS 537.325 - 541.333
WRD 4-1994, f. & cert. ef. 3-25-94
WRD 1-1990, f. & cert. ef. 1-11-90

Or. Admin. R. 690-013-0070 Interim Transfers

Water right changes inside districts made prior to July 1, 1993, may comply with the following:

(1) Where the change is to occur prior to the District submitting its petition which will include this change, the district may submit a notice to the Department. This notice requires no fee, but shall include:

(a) A statement that the district intends to file a petition including this change; and

(b) A completed interim transfer notice on a form provided by the Department.

(2) If a more formal record of a change is desired by a user prior to the district submitting its petition, the user may submit a transfer application in compliance with division 15 rules and ORS 536.050 and 540.510 to 540.530.

(3) For a change after a district has submitted its petition, a landowner must submit a transfer application in compliance with division 15 rules and ORS 536.050 and 540.510 to 540.530.

History

Statutory/Other Authority: ORS 541.325 - 541.333
Statutes/Other Implemented: ORS 537.325 - 541.333
WRD 4-1994, f. & cert. ef. 3-25-94
WRD 1-1993, f. & cert. ef. 2-3-93
WRD 1-1990, f. & cert. ef. 1-11-90

Or. Admin. R. 690-013-0100 District Petitions

The district petition shall include:

(1) A listing of:

(a) All of the applicable water rights on lands within the district boundaries;

(b) Only the lands where water use changes have occurred. If the change involves part of a section quarter-quarter, all water rights in the quarter-quarter must be requested; or

(c) A portion of the district to provide a clear record of the water rights. If a portion involves part of a section quarter-quarter, the entire quarter-quarter must be requested. Any part of the district that no longer matches the Department map or certificate should be included in the petition.

(2) A listing of all completed transfers appurtenant to the lands listed.

(3) A map meeting the requirements of OAR 690-013-0200.

(4) A description of the land to which each water right is appurtenant, including the township, range, section, quarter-quarter and assessor's tax lot number. The water right shall be described by the number of acres within each quarter-quarter, the use and the user's name. If a tax lot covers more than one quarter-quarter, it shall be listed in each quarter-quarter.

(5) A description of the district's legal boundaries.

(6) A description of the type(s) of use made on each parcel listed in the petition.

(7) A list containing the total number of acres:

(a) Contained in the petition;

(b) Assessed by the district as of July 1, 1989; and

(8) A statement of whether the U.S. Secretary of the Interior must assent to inclusion of lands within the district's boundaries. If the Secretary's assent is required but has not yet been given, the petition must include a copy of the district's request for the Secretary's assent.

History

Statutory/Other Authority: ORS 541.325 - 541.333
Statutes/Other Implemented: ORS 537.325 - 541.333
WRD 1-2012, f 1-31-12, cert. ef. 2-1-12
WRD 4-1994, f. & cert. ef. 3-25-94
WRD 1-1990, f. & cert. ef. 1-11-90

Or. Admin. R. 690-013-0110 Requests for Additional Information

(1) Pursuant to ORS 541.329(6), the Director may require additional information if the Director determines it is needed to evaluate the petition.

(2) If the Director returns a petition or map to a district for correction or additional information, the Director shall prescribe a reasonable deadline for the petitioner to provide additional information or correct the petition and map. If the petitioner fails to meet the deadline prescribed by the Director, the Director may deny the petition.

History

Statutory/Other Authority: ORS 541.325 - 541.333
Statutes/Other Implemented: ORS 537.325 - 541.333
WRD 4-1994, f. & cert. ef. 3-25-94

Or. Admin. R. 690-013-0120 Supplemental Permits

When supplemental permits apply to lands having perfected water rights, the supplemental permit shall be appurtenant to the land listed in the petition.

History

Statutory/Other Authority: Ch. 1000 & OL 1989
Statutes/Other Implemented: Ch. 1000 & OL 1989
WRD 1-1990, f. & cert. ef. 1-11-90

Or. Admin. R. 690-013-0150 District Shall Certify Petition

(1) The petitioner or petitioner’s authorized representative shall certify that the information contained in the petition and attached exhibits is true and accurate to the best knowledge of the petitioner.

(2) The petitioner shall certify that notice was sent by certified mail to the user of every parcel whose right of record, as evidenced by the district’s records, is to be altered by the petition. The certification shall state that the notice was sent to the last known address of the user with a return receipt requested and include:

(a) The number of acres of land or its equivalent for which the user is being assessed;

(b) A general description or tax lot number of the land to which the water is assigned;

(d) A request that the user confirm that the information in the notice is correct.

History

Statutory/Other Authority: ORS 541.325 - 541.333
Statutes/Other Implemented: ORS 537.325 - 541.333
WRD 4-1994, f. & cert. ef. 3-25-94
WRD 1-1990, f. & cert. ef. 1-11-90

Or. Admin. R. 690-013-0200 Mapping Requirements

The map submitted with a district petition or individual application shall meet the following criteria:

(1) The preferred map size is 8-1/2" by 11"; the maximum size shall be 30" x 30" unless prior approval is obtained from the Department. Standard map symbols shall be used as provided by the Department.

(2) The map shall be drawn in ink on permanent quality tracing linen or 0.003-inch mylar with sufficient clarity so as to be easily reproduced. It shall be drawn to one of the following scales:

(a) One inch equals 1,320 feet;

(b) One inch equals 400 feet;

(d) A combination of these scales if using map inserts.

(3) The map shall show the following for parcels of more than five acres:

(a) The location of diversions, canals, ditches, pipelines or flumes;

(b) The location of the place where water is used. If for irrigation, the area irrigated in each section quarter-quarter shall be indicated by shading or hachuring and the number of acres in each section quarter-quarter indicated; and

(c) The scale to which the map is drawn, the section number, township, range, a north directional symbol and property boundaries.

(4) When the water right is on a tract of land of five acres or less, a notation of the acres of water right on the assessor’s tax map shall be sufficient for the identification of the place of use and the extent of use. A portion of a tax map may be included as part of the map submitted.

(5) More than one water right or type of use may be entered on the same map if clearly identified by different hachuring.

History

Statutory/Other Authority: Ch. 1000 & OL 1989
Statutes/Other Implemented: Ch. 1000 & OL 1989
WRD 1-1990, f. & cert. ef. 1-11-90

Or. Admin. R. 690-013-0310 Processing of Petition

(1) When the Department receives a petition and map the Director shall examine the petition and map under OAR 690-013-0350. If, after the petitioner has had an opportunity to correct identified deficiencies, this examination shows that the district has met the requirements of ORS 541.325 to 541.333 and that the proposed changes would not result in injury to existing water rights, the Director shall issue a proposed order approving the petition as submitted or as modified. If the Director proposes to deny a petition, the Commission shall hold a hearing as described in section (5) of this rule.

(2) The Director shall provide public notice of all proposed orders through publication in the Department's Weekly Summary of Applications Filed. The Director shall also mail a summary of the proposed order to the planning department of each affected local government, to a newspaper of general circulation within the affected area, to any person who has requested notification of proposals and any other parties the Director determines should be notified. These notice requirements shall not affect petitioner's notice responsibilities under ORS 541.329.

(3) Within 30 days after a proposed order is issued the petitioner shall provide notice to the owners of all lands whose rights, as recorded in the state's records or in the district's records, would be altered by the proposed order. This notice shall be sent to the last-known address of the landowner, with a return receipt requested. The notice shall include the number of acres of land, or its equivalent, for which the landowner is being assessed, if any, a general description or tax lot number of the land whose right will be altered, and a description of the use. In addition to the notice of the proposed order sent to the landowners, for proposed orders issued by the Department prior to February 1, 2012, the petitioner shall publish at the same time notice in a newspaper having general circulation in the area in which the water rights are located for a period of at least three weeks, but for proposed orders issued on or after February 1, 2012, for a period of at least two weeks. Not less than one publication in each week shall be made. The notice shall state:

(a) The number of acres of water right that each parcel shall receive;

(b) That the proposed map and order are available for inspection at the office of the petitioner during normal business hours for a period of 120 days from the date of first publication;

(c) That 120 days after the date of first publication, the Commission shall approve the petition and map and issue a final order unless a protest is filed or the petition does not meet the requirements of ORS 541.325 to 541.333; and

(d) That a landowner whose right of record is to be altered by the proposed order has the right to protest the proposed order and map.

(4) Any landowner or user whose rights, as recorded in either the state's records or the district's records, would be altered by the petition may file with the Water Resources Commission, within 120 days after the date of first newspaper publication, as provided in section (3) of this rule, a protest against a proposed order approving the petition. Any person may file comments on the proposed order within 120 days of the date of first newspaper publication. The Director may work with any person or agency submitting protests or comments and the petitioner to determine whether the issues can be resolved through mutually agreeable conditions, or by modifications to the proposal. Whenever a timely protest cannot be resolved, the Commission shall schedule a hearing to consider the protest. The Commission shall also schedule a hearing whenever, in its opinion, considering timely comments received, it is necessary to determine:

(a) If the petitioner has met the requirements of ORS 541.325 to 541.333;

(b) If the petition may result in injury to existing water rights. The hearing shall be conducted according to the provisions of ORS 183.310 to 183.550 applicable to contested cases.

(5) If after examination or hearing, the Commission finds that:

(a) The petitioner has met the requirements of ORS 541.325 to 541.333; and

(b) That the changes described in the proposed order would not result in injury to existing rights; then

(c) The Commission shall issue a final order approving the petition and map as described in the proposed order. If the Commission cannot make the findings in subsections (a) and (b) of this section then the final order may modify or deny the petition, and may include conditions, as necessary to ensure that existing water rights are not injured. However, no final order denying a petition shall be issued before holding a hearing on the denial. If a final order approving a petition is issued, and if a water right has been issued previously, the Commission shall cancel the previous certificate and issue a new certificate that conforms to the final order and map and retains the original priority date.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 541.325 - 541.333
Statutes/Other Implemented: ORS 537.325 - 541.333
WRD 1-2012, f 1-31-12, cert. ef. 2-1-12
WRD 4-1994, f. & cert. ef. 3-25-94

Or. Admin. R. 690-013-0350 Field Verification of the Petition and Map

(1) The Director shall examine the petition and maps that are filed. The examination may include a site inspection to verify the accuracy of the petition, maps and addenda; to verify whether the application of water is to an allowed beneficial use; or to determine whether an existing water right may be injured. The Director may use statistical sampling methods in lieu of examining the entire acreage in the petition.

(2) The examination shall consider the following requirements:

(a) Evidence of a method to control and deliver the water;

(b) Evidence of cultivation of the lands described under the petition, if for irrigation; and

(d) Evidence of potential injury to existing water rights.

History

Statutory/Other Authority: ORS 541.325 - 541.333
Statutes/Other Implemented: ORS 537.325 - 541.333
WRD 4-1994, f. & cert. ef. 3-25-94
WRD 1-1990, f. & cert. ef. 1-11-90

Or. Admin. R. 690-013-0500 Penalty for Knowingly Misrepresenting Information

The Director may assess penalties of up to $1,000 for knowingly misrepresenting information within a petition or map. The following factors shall be considered when prescribing a penalty:

(1) Whether the petitioner made a material misstatement of omission of fact.

(2) The amount of land and/or volume of water in evidence in the misrepresentation in relation to the amount of land or volume of water in the whole petition.

(3) Whether the petitioner has cooperated in correcting the misrepresentation or omission in a timely fashion.

(4) The cost to the Department after the initial field examination, including travel costs to obtain and verify corrections to the petition.

(5) Any other relevant factors.

History

Statutory/Other Authority: Ch. 1000 & OL 1989
Statutes/Other Implemented: Ch. 1000 & OL 1989
WRD 1-1990, f. & cert. ef. 1-11-90

Division 14 CERTIFIED WATER RIGHT EXAMINERS AND PREPARATION OF CLAIMS OF BENEFICIAL USE

Or. Admin. R. 690-014-0005 Introduction

(1) The purpose of these rules is to establish the criteria for certification of Water Right Examiners. They also define the minimum standards and criteria under which Certified Water Right Examiners shall conduct surveys to describe the extent of appropriation for beneficial use of public waters. The rules also describe the information required and procedure for preparing maps to accompany transfer applications. These rules are in addition to OAR 690, divisions 020, 051, 300, 310, 325, 380, and other rules of the Commission.

(2) These rules shall not deprive or limit the Director of the Water Resources Department or the Water Resources Commission from exercising powers or duties bestowed by law. Nor shall they limit or restrict the information the Director or Commission may require from any water user or authorized agent to determine satisfactory proof.

(3) The authority for these rules is found in ORS Chapters 183, 536, 537, and 540, and in particular ORS 537.797 to 537.799.

(4) These rules shall apply to Claims of Beneficial Use and other applicable documents prepared by CWREs submitted on or after April 1, 2026. Claims of Beneficial Use and other applicable documents prepared by CWREs submitted before this date shall be subject to the rules in effect at the time of submittal.

History

Statutory/Other Authority: ORS 536, ORS537, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 536, ORS537 & ORS 537.797 - 537.799
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04
WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88
WRD 9-1987(Temp), f. & ef. 9-1-87

Or. Admin. R. 690-014-0020 Definitions

The definitions found in Oregon Administrative Rules chapter 690, divisions 300 and 380 apply. The following definitions also apply:

(1) “Acre-Foot (AF)” means the equivalent volume of one acre covered with one foot of water (325,851 gallons).

(2) "Certified Water Right Examiner" or “CWRE” means any individual certified by OSBEELS to collect and report data and conduct surveys to describe the extent of appropriation for Claims of Beneficial Use, and also to prepare maps for transfer applications.

(3) "Claim of Beneficial Use" means documents submitted to the Department requesting a certificate of water right be issued for the authorized use or uses made. These documents shall include the report of the site inspection, calculations for the rate of flow, and the map illustrating the location of beneficial use made within the terms of the permit or transfer final order.

(4) "Commission" means the Water Resources Commission.

(5) "Cubic Foot per Second (cfs)" means a rate of water flow, equal to 448.83 gallons of water per minute.

(6) "Department" means the Water Resources Department.

(7) "Director" means the Director of the Department or the Director's authorized deputies or officers.

(8) "Measuring Device" means a structure or apparatus such as a weir, meter, or flume to determine rate of flow or volume of water.

(9) "OAR" means Oregon Administrative Rules.

(10) "ORS" means Oregon Revised Statutes.

(11) "OSBEELS" means Oregon State Board of Examiners for Engineering and Land Surveying.

(12) “Pump Test” has the meaning of the term in OAR 690-217-0010.

(13) "Rate and Duty of Water" means the flow of water expressed in cfs or gallons per minute (instantaneous rate) and the volume of water expressed in AF (duty) as allowed in the permit or transfer final order.

(14) "Spring" means a place where water naturally emerges from the ground.

(15) "Source" means the surface or ground water body for each point of diversion or point of appropriation involved in a permit or transfer final order.

(16) "Survey of Appropriation" means the field inspection and document preparation performed by a CWRE to obtain the data necessary to support the Claim of Beneficial Use.

(17) "Water Rights Act" means the same as defined by ORS 537.010.

(18) "Well" means any artificial opening or artificially altered natural opening, however made, by which ground water is sought or through which ground water flows under natural pressure, or is artificially withdrawn or injected. This definition shall not include a natural spring, or wells drilled for the purpose of exploration or production of oil or gas. Prospecting or exploration for geothermal resources as defined in ORS 522.005 or production of geothermal resources derived from a depth greater than 2,000 feet as defined in ORS 522.055 is regulated by the Department of Geology and Mineral Industries.

History

Statutory/Other Authority: ORS 536, ORS 537, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 536, ORS 537 & ORS 537.797 - 537.799
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04
WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88
WRD 9-1987(Temp), f. & ef. 9-1-87

Or. Admin. R. 690-014-0030 Certified Water Right Examiner Required for Claim of Beneficial Use

In addition to other rules contained in OAR chapter 690 requiring specified information to be prepared by a CWRE, the water right holder or person responsible for a permit or transfer final order must have a CWRE prepare the Claim of Beneficial Use if the permit or transfer application was filed after July 9, 1987.

History

Statutory/Other Authority: ORS 536, ORS 537, ORS 536.025, ORS 536.027 & ORS 537.797 - 537.799
Statutes/Other Implemented: ORS 536 & ORS 537
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04
WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88

Or. Admin. R. 690-014-0050 Certification of Water Right Examiners

CWREs shall be certified by OSBEELS. In addition to these rules, OSBEELS rules found in OAR chapter 820 apply.

(1) CWRE applicants shall be registered in Oregon as a professional engineer, professional land surveyor or registered geologist.

(2) To become a CWRE, an applicant shall pass a written examination administered by OSBEELS and approved by the Department to determine the applicant's ability to properly perform the surveying, mapping, hydraulic computations, and information gathering duties required by ORS 537.798.

(3) All documents, drawings, maps, or narratives required to be prepared by a CWRE by rules of the Water Resources Commission shall be prepared by or under the direct supervision of a CWRE. These items shall bear the seal and original signature of the CWRE. A digital seal and signature are acceptable provided the rules at OAR chapter 820, division 25, are followed.

History

Statutory/Other Authority: ORS 536, ORS 537, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 536, ORS 537 & ORS 537.797 - 537.799
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04
WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88
WRD 9-1987(Temp), f. & ef. 9-1-87

Or. Admin. R. 690-014-0080 Revocation of Certified Water Right Examiner's Certificate

CWREs may be decertified by OSBEELS for violation of OAR 690, division 014 rules or violation of OAR 820 rules.

(1) Any violation of these rules by a CWRE and brought to the attention of the Director by Department staff, the public, or other means may be submitted to OSBEELS. A material misstatement of fact shall be referred to OSBEELS for disciplinary action.

(2) Revocation of the CWRE’s certificate does not in itself cause forfeiture of that person's other professional licenses or credentials.

History

Statutory/Other Authority: ORS 536, ORS 537, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 536, ORS 537 & ORS 537.797 - 537.799
WRD 11-2025, minor correction filed 12/19/2025, effective 12/19/2025
WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04
WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88

Or. Admin. R. 690-014-0090 Maps for Transfer Applications

Application maps for transfer shall comply with applicable provisions of ORS chapters 536, 537, and 540, and OAR chapter 690, divisions 020, 305 and 380.

History

Statutory/Other Authority: ORS 536, ORS 537, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 536, ORS 537 & ORS 537.797 - 537.799
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04

Or. Admin. R. 690-014-0100 Minimum Requirements for Claims of Beneficial Use for Permits and Transfer Final Orders

(1) The CWRE shall prepare a report, using a form or format provided by the Department, which describes the status of conditions and limitations in permits and transfer final orders such as:

(a) Type of use;

(b) Period of use;

(d) Extent of use;

(e) Location of point of diversion or point of appropriation;

(f) Source of water;

(g) Rate;

(h) Installation of measuring device;

(i) Water use reporting;

(j) Water level reporting;

(k) Pump test documentation as specified in subsection 12 of this rule;

(l) Fish screening;

(m) The date of the inspection; and

(n) All other conditions or limitations.

(2) The CWRE shall provide the Department with sufficient information for the Director to determine the extent of beneficial use developed within the conditions or limits of the permit or transfer final order, including any specified development time limits.

(3) Uses partially developed by the water user shall be described. Uses or areas which were not developed shall be noted. Uses determined to exist which are not authorized by the permit or transfer final order being examined shall also be noted in the report but not included as part of the Claim of Beneficial Use. All uses shown on the map must be described in the report.

(4) The diversion works shall be accurately described by the map and report. A general narrative description of the distribution works shall be given. This description must trace the water system from the point(s) of diversion or appropriation to the place of use and provide information on the water system within the place of use. The description shall also include the return to public waters when required by the permit or transfer final order, such as fish propagation, mining and power facilities. The make, capacity, serial number and description of all pumps and measuring devices shall, if available, be described in the report. If the make, capacity, serial number and description of any pumps and measuring devices are not available, the report must specify why.

(5) Other water right permits, certificates, transfer final orders, or other conveyance systems connected to the system being examined shall be described in the report. Any reservoir, diversion dam, headgate, well, canal, flume, pump, and other related structures shall be described.

(6) The crops raised or other beneficial use made of the water shall be identified.

(7) The diversion rate shall be determined for each use and source when more than one use or source is involved.

(8) The maximum rate of use shall be determined by actual measurement when possible. Water measurements may be made by weir, meter, rated flume, reservoir capacity table or other method of measurement acceptable to the Department. The report shall describe the method used in making the measurement, the date made and a description of the location where the measurement was taken. It shall contain sufficient information, including current meter notes, rating tables, and/or calibration information to enable the Director to check the quantity of water measured in each case.

(9) Computations for the maximum capacity of the system shall be submitted for all claims. These computations may suffice to determine the maximum rate of application if the system was not operating when the inspection was conducted.

(10) The amount of water shall be limited by the Department to the lesser of: the authorized amount, the capacity of the delivery system, or the amount of actual beneficial use. The Claim of Beneficial Use shall include sufficient information to make the determination.

(11) Claims of Beneficial Use for reservoir permits, for storage of less than 9.2 acre-feet of water or with a dam less than 10 feet in height, that do not require approved as-built plans and specifications be on file with the Department, shall also include the following:

(a) A drawing showing the cross section of the dam at maximum section showing complete details and dimensions. The drawing should be drawn at a standard scale. Normally this measurement is taken from the deepest part of the channel to the top of the embankment. Vertical accuracy is required to 0.25 feet for the purpose of this measurement;

(b) A description of the outlet works; and

(12) For groundwater permits with priority dates on or after December 20, 1988, the Claim of Beneficial Use shall either provide documentation that the pump test or exemption request as required under OAR 690-217 has been submitted for each well or include the required pump test or exemption request for each well with the claim.

(13) The rate of flow shall be determined to three significant figures with reporting necessary only to thousandths. Examples are: 4,560 cfs; 456 cfs; 45.6 cfs; 4.56 cfs; 0.456 cfs; 0.046 cfs; and 0.005 cfs.

(14) When computing the storage capacity of reservoirs, the volume of water shall be determined to three significant figures with reporting, for the purpose of the Claim of Beneficial Use, necessary only to tenths. Examples are: 4,560 af; 456 af; 45.6 af; 4.6 af; and 0.5 af.

(15) The following statement, signed by the CWRE, shall appear at the end of the Claim of Beneficial Use: “The facts contained in this Claim of Beneficial Use are true and correct to the best of my knowledge.”

(16) The following statement, signed or acknowledged by the permittee or transferee, shall appear at the end of the Claim of Beneficial Use: “The facts contained in this Claim of Beneficial Use are true and correct to the best of my knowledge. I request that the Department issue a water right certificate.”

(17) A CWRE may make a written request to the Director for a waiver of one or more of the Claim of Beneficial Use standards. Waivers cannot be requested for elements relating to conditions or other limitations of the permit or transfer final order. The Director will determine whether the waiver shall be allowed and will respond to such requests in writing.

History

Statutory/Other Authority: ORS 536, ORS 537, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 536, ORS 537, ORS 537.797 - 537.799, ORS 537.230, ORS 537.630 & ORS 537.772
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04
WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88
WRD 9-1987(Temp), f. & ef. 9-1-87

Or. Admin. R. 690-014-0110 Claim of Beneficial Use: General Standards

The Claim of Beneficial Use shall be prepared by a CWRE and submitted by the holder of the permit or transfer final order or by an authorized agent.

(1) In addition to the rules of professional conduct found in OAR 820, CWREs should be aware of the public interest regarding Examiners’ investigations of water use. Uses not authorized or not completed within the terms of the permit or transfer final order, or water not beneficially used, shall not be included in the Claim of Beneficial Use. Claims of Beneficial Use shall not violate any of the provisions of the Water Rights Act or these rules.

(2) All Claims of Beneficial Use shall be made to match with existing water rights of record, unless an error in the original location is identified. If an error in an existing water right record is found, then evidence of the correct location as it pertains to the current claim shall be submitted to the Department as part of the Claim of Beneficial Use.

(3) The Director may refuse to accept Claims of Beneficial Use which do not conform to these rules and regulations.

(4) The form or format provided by the Department for Claim of Beneficial Use shall question whether beneficial use was made. If the permittee or transferee claims that beneficial use was made, the claim must be supported with a sufficient description of the use prepared by the CWRE to enable the Department to decide if beneficial use was made under the terms and conditions of a permit or transfer final order.

(5) Follow up inspections may be made by the Department.

History

Statutory/Other Authority: ORS 536, ORS 537, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 536, ORS 537, ORS 537.797 - 537.799, ORS 537.230 & ORS 537.630
WRD 12-2025, minor correction filed 12/19/2025, effective 12/19/2025
WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04

Or. Admin. R. 690-014-0170 Minimum Requirements for Maps for Permit or Transfer Final Order Claims of Beneficial Use

(1) Maps submitted by a CWRE as part of the Claim of Beneficial Use shall meet the standards in OAR chapter 690, division 305. In addition, the map shall meet the following criteria:

(a) Horizontal accuracy is required only to ten feet for the purpose of locating and quantifying water rights. Maps shall be developed from any standard survey method. Traverse closures are not required.

(b) Maps shall clearly designate the place of use and point of diversion or appropriation for each source and use.

(c) The map shall indicate by description, in relation to the point of diversion or appropriation, the location of any fish screens, by-pass devices, and measuring devices required by the permit or transfer final order.

(d) The following statement shall be placed on the map: “This map is not intended to provide legal dimensions or locations of property ownership lines.”

(2) A CWRE may make a written request to the Director for a waiver of one or more mapping standards. The Director will determine whether the waiver shall be allowed and will respond to such requests in writing.

History

Statutory/Other Authority: ORS 536, ORS 537, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 536, ORS 537, ORS 537.797 - 537.799, ORS 537.230 & ORS 537.630
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04
WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88

Or. Admin. R. 690-014-0190 Time Limit for Filing Claim of Beneficial Use

The Claim of Beneficial Use shall be submitted to the Department within one year after the use was reported to the Department as being complete or the beneficial use date allowed in the permit or transfer final order, whichever occurs first. Failure to comply with this section shall cause the Director to initiate permit cancellation proceedings as provided by ORS 537.260.

History

Statutory/Other Authority: ORS 536, ORS 537, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 536, ORS 537, ORS 537.797 - 537.799, ORS 537.230 & ORS 537.630
WRD 13-2025, minor correction filed 12/19/2025, effective 12/19/2025
WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04
WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88

Or. Admin. R. 690-014-0220 Time Limit to Cure Defects in a Claim of Beneficial Use

A Claim of Beneficial Use which needs corrections or additions shall be returned to the CWRE to correct the deficiencies. The corrected claim shall be returned to the Department within the written time limit allowed. The time allowed will be determined by the Director, but shall not be less than 30 days. Any claims not returned within the specified time may result in the Director submitting the name and certificate number of the CWRE involved to OSBEELS for disciplinary action.

History

Statutory/Other Authority: ORS 536, ORS 537, ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 536, ORS 537 & ORS 537.797 - 537.799
WRD 14-2025, minor correction filed 12/19/2025, effective 12/19/2025
WRD 3-2004, f. 6-15-04, cert. ef. 7-1-04
WRD 3-1988, f. 2-26-88, cert. ef. 2-28-88

Division 17 CANCELLATION OF PERFECTED WATER RIGHTS

Or. Admin. R. 690-017-0005 Introduction

These rules define the process the Water Resources Department will follow when cancelling a perfected water right.

History

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.610 - 540.670
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 17-1990, f. & cert. ef. 9-27-90
WRD 12-1988, f. & cert. ef. 8-10-88

Or. Admin. R. 690-017-0010 Definitions

(1) "Affidavit" means a declaration upon oath, in writing, signed by the party and sworn to before a notary public.

(2) "Affiant" means the individual completing, swearing to and signing an affidavit.

(3) "Bankruptcy" means proceedings under federal bankruptcy statutes to relieve a debtor (the bankrupt) from insurmountable debt. The commencement of a bankruptcy action occurs with the date a petition for relief is filed by a debtor or creditor to the bankruptcy court.

(4) "Cancellation" means the action taken by the Director, the Commission, or the courts to abolish all or part of a permit or certificate of water right. The action must be based on a preponderance of the evidence in accordance with ORS chapter 183.

(5) "Deed-in-Lieu" means a deed tendered by the record owner to prevent the creditor from asserting a legal right to recover payment of a debt through a foreclosure action.

(6) “District” has the meaning of the term as defined in ORS 540.505.

(7) "Foreclosure" means a proceeding in or out of court to extinguish all right, title and interest of the record owner(s) of property in order to sell or repossess the property to satisfy a lien against it. A foreclosure action begins on the date presentation of the official demand for payment is made to the debtor by the creditor by certified mail.

(8) "Forfeiture" means the loss of a water right caused by the failure of the appropriator or record owner of the right to use the water for five successive years, except as provided in ORS 540.610(3) and (4) and ORS 540.612.

(9) "Judicial Action" means a suit, injunction, or litigation filed with or allowed by the courts.

(10) "Natural Disaster" means an act of God, such as flooding or erosion, which occurred with such magnitude that it either prohibited or severely limited the ability to use the water.

(11) "Perfected Water Right" means a water right which has been confirmed by the issuance of a certificate of water right or by a court decree.

(12) "Presumption of Forfeiture" means a conclusion established by statute that a water right, in whole or in part, is forfeited by nonuse of the right for five successive years.

(13) "Principal Farm Operator" means the record owner, including a lessee to whom the right of possession of agricultural property has been granted by the lessor for a specified period of time in return for a consideration.

(14) "Rebuttable Presumption" means the presumption of forfeiture established pursuant to ORS 540.610(1), which the appropriator may overcome by proving, by a preponderance of the evidence, one or more of the exemptions from forfeiture in ORS 540.610(2).

(15) "Record Owner" means the person shown as the owner of the land in the county deed records established under ORS Chapter 93.

History

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.610–540.670 & ORS 183
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 7-2004, f. & cert. ef. 11-5-04
WRD 17-1990, f. & cert. ef. 9-27-90
WRD 12-1988, f. & cert. ef. 8-10-88

Or. Admin. R. 690-017-0100 Cancellation Authorized by Record Owner

(1) Perfected water rights shall be cancelled by order of the Director in accordance with the provisions of ORS 540.621 when so requested by notarized affidavit of the record owner of the land to which the water right in question is appurtenant.

(2) The affidavit shall contain, at a minimum, the following:

(a) A statement that the affiant is the record owner of the lands associated with the water right in question;

(b) The certificate number of the water right;

(c) A statement that the affiant has abandoned any and all interest in and to all or a specified portion of the water right;

(d) Where only part of the right has been abandoned, a description of the specific place of use by quarter-quarter section and acres on which the right has been abandoned, with information sufficient to determine the lands on which the right is not to be cancelled; and

(e) A request that all or part of the certificate be cancelled.

(f) A statement of whether, to the best of the affiant’s knowledge, the subject water right is within the boundaries of a district or federal reclamation project.

(3) Based on the best information available to the Department, if the subject water right is within the boundaries of a district or federal reclamation project, the Department shall, as applicable, provide the district and the United States Bureau of Reclamation notice of the water right cancellation request.

History

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 540.610 - 540.670
WRD 7-2004, f. & cert. ef. 11-5-04
WRD 17-1990, f. & cert. ef. 9-27-90
WRD 12-1988, f. & cert. ef. 8-10-88

Or. Admin. R. 690-017-0200 Watermaster Affidavit of Inability to Appropriate or Beneficially Use Water

(1) If a watermaster has reason to believe that circumstances exist that prevent a water right from being exercised as specified in ORS 540.660(1), the watermaster shall file an affidavit with the Water Resources Director.

(2) The affidavit shall state:

(a) That to the best of the watermaster’s knowledge, there is no physical way the water may be applied to a beneficial use in accordance with the terms and conditions of the water right certificate;

(b) The names of all record owners of the land where the water right is appurtenant and the owners’ address as it appears in the county assessors’ records; and

History

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.610 - 540.670 & ORS 540.660
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 17-1990, f. & cert. ef. 9-27-90
WRD 12-1988, f. & cert. ef. 8-10-88

Or. Admin. R. 690-017-0300 Notice of Watermaster Affidavit to Record Owner

(1) The Water Resources Department shall notify each record owner of the land described by an affidavit submitted by a watermaster under ORS 540.660 and OAR 690-017-0200 in the following manner:

(a) If there are 25 or fewer record owners of the land, the department shall mail a copy of the affidavit to each record owner;

(b) If there are more than 25 record owners, the department shall provide general notice by publication according to the procedures established in ORS 193.010 to 193.100; and

(c) If the land is within the boundaries of an irrigation district, the Department shall mail a copy of the affidavit to the irrigation district.

(2) The record owner named in an affidavit shall be given the option of voluntarily relinquishing the water right or portion thereof, continuing to be the subject of the filing of such affidavits each year for a period of five successive years, or of applying the water to the use authorized by the certificate.

(3) If the watermaster files an affidavit each year for five successive years, the Water Resources Department shall initiate cancellation proceedings under ORS 540.631. The Department shall give notice of the proposed cancellation as provided in OAR 690-017-0400(6).

History

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.610 - 540.670 & ORS 540.660
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 17-1990, f. & cert. ef. 9-27-90
WRD 12-1988, f. & cert. ef. 8-10-88

Or. Admin. R. 690-017-0400 Cancellation Initiated by Department

(1) The Department shall initiate proceedings to cancel a perfected water right, as provided in ORS 540.631 and these rules, whenever it appears to the satisfaction of the Director that a right has been forfeited as provided in ORS 540.610 and is not likely to be exempt under ORS 540.610(3)-(4) or ORS 540.612, or would not likely be rebutted under ORS 540.610(2). A decision to initiate cancellation proceedings may be based on evidence submitted to the Department from persons other than the Department or based on evidence available to the Department.

(2) Where the evidence submitted to the Department is in the form of affidavits, notarized affidavits from two individuals shall be required. An affidavit shall contain the following:

(a) Name, address, email address, if available, and telephone number of affiant;

(b) Certificate number (or page number) of the certificate in question as recorded in the State Record of Water Right Certificates, name of the person to whom the certificate was issued, and priority date of the certificate;

(d) The use for which the water right was issued;

(e) The source of water to be used as provided in the certificate;

(f) A statement of the affiant's knowledge of the lands described in the certificate in question, and an explanation of how the affiant gained this knowledge;

(g) A statement that the affiant knows with certainty that no water from the allowed source has been used for the authorized use on the lands, or a portion of the lands, the portion being accurately described, under the provisions of the water right within a period of five or more successive years, and the beginning and ending years of the period of nonuse. Where possible, beginning and ending months should also be given;

(h) A statement that the affiant believes the allegation of nonuse will not be rebutted under any of the grounds for rebuttal set out in ORS 540.610;

(i) A copy of a map or aerial imagery with sufficient information to enable the Department to determine the location of the portion of the water right asserted to have been forfeited;

(j) The affiant's agreement to testify in a hearing before the Water Resources Department if necessary; and

(k) Proof that the affidavit(s) have been served upon the legal owner of the lands to which the water right is appurtenant and to the occupant of such lands.

(3) Based on the best information available to the Department, if the subject water right is within the boundaries of a district or federal reclamation project, the Department shall provide notice, as applicable, to the district and the United States Bureau of Reclamation at least 90 days prior to initiating a cancellation proceeding.

(4) Where the Department initiates cancellation proceedings based on evidence available to the Department, the Department shall include, in its notice of proposed cancellation, the information described in sections (2)(b) - (e) and findings of fact on the matters described in sections (2)(f) - (h). The notice of proposed cancellation shall be supported by stream or canal gaging records, water or electric meter readings, static level measurements, system capacity calculations, a summary of field investigations, photos, aerial imagery, maps, evapotranspiration data, or other relevant evidence covering each year of the period of alleged nonuse.

(5) Within 180 days of receiving the affidavits under section (2) of this rule, the Department shall either:

(a) Initiate proceedings to cancel a water right under ORS 540.631, or

(b) Notify the affiants, the record owner of the affected lands, and the occupant of the affected lands, if other than the owner, that the Department is closing the matter because the Department is not satisfied that a right has been forfeited as specified in section 1 of this rule.

(6) The Department shall notify the record owner of the land to which a perfected water right is appurtenant that it intends to cancel all or a portion of the water right. The occupant of affected lands, if other than the owner, shall also be notified. If the subject water right is within the boundaries of a district or federal reclamation project, the Department shall, as applicable, mail a copy of the cancellation notice to the district and the United States Bureau of Reclamation. Notice shall be sent to the record owner of the land or occupant by certified mail, return receipt requested. The notice to the record owner shall be addressed to the owner at the owner's last address or record in the office of the county assessor of the county in which the lands are located. The notice shall contain the following:

(a) A description of the water right and the land to which the water right is appurtenant;

(b) A statement that the information before the Director creates a rebuttable presumption of forfeiture;

(c) A statement that the record owner or the occupant has a period of 60 days from the date of the mailing of the notice within which to protest the proposed cancellation either by asserting that the water right has been used, or by making rebuttal in the manner and on the grounds provided in OAR 690-017-0600 and 690-017-0800;

(d) Notice that if the record owner intends to rebut the presumption of forfeiture or establish an exemption from forfeiture under ORS 540.610(3)-(4) or ORS 540.612, the protest shall include a statement of the grounds for rebuttal or exemption relied upon, and shall be accompanied by appropriate supporting documentation; and

(e) A statement that, following receipt of a protest against the proposed cancellation and determination that the presumption of forfeiture has not been rebutted or an exemption from forfeiture has not been established, a contested case hearing will be scheduled.

History

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.610 - 540.670
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 7-2004, f. & cert. ef. 11-5-04
WRD 17-1990, f. & cert. ef. 9-27-90
WRD 12-1988, f. & cert. ef. 8-10-88

Or. Admin. R. 690-017-0600 Protest of Cancellation/Statement of Intent to Rebut Presumption of Forfeiture

(1) Except as described in sections (2) and (3) of this rule, protests, requests for party status, and contested case proceedings are governed by ORS 536.076, ORS 536.077, and OAR chapter 690, division 2. Except as provided in OAR 690-002-0235(4), if no protest on a proposed final order that is governed by these rules is timely received, by operation of law, the proposed final order shall become a final order on the date that is 33 days after the close of the time period for submitting a protest, with no further action required by the Department.

(2)(a) Only a record owner or occupant may protest the proposed cancellation. Where the record owner or occupant intends to rebut the presumption of forfeiture by claiming one or more of the grounds for rebuttal established in ORS 540.610(2) and as further defined in OAR 690-017-0800, or intends to establish an exemption from forfeiture under ORS 540.610(3)-(4) or ORS 540.612, grounds claimed for rebuttal or exemption shall be stated in the protest;

(b) Where applicable, documentary evidence in support of the rebuttal as described in OAR 690-017-0800(3) shall be submitted with the protest.

(3)(a) On receipt of a protest claiming rebuttal or exemption and supporting documentary evidence, the Department shall review the evidence before referring the protest for hearing;

(b) Upon review of the rebuttal or exemption evidence, and subject to OAR 690-002-0235(2), the Department may either refer the protest for hearing, request more information, or notify the protestant(s) that the Department is withdrawing the proposed final order and closing the matter.

(4) Sections (1) - (3) of this rule do not apply to a notice of a cancellation proceeding if the notice results from an assertion of forfeiture included in a protest of a transfer application made under OAR chapter 690, division 380. The transfer applicant need not submit a protest of the notice of a cancellation proceeding in this circumstance. The Department shall, subject to OAR 690-002-0235(2), refer the transfer protest(s) for hearing. The hearing on the transfer protest(s) shall include issues related to the notice of cancellation proceeding.

History

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.610 - 540.670, ORS 536.076 & ORS 536.077
WRD 12-2026, minor correction filed 07/29/2026, effective 07/29/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 17-1990, f. & cert. ef. 9-27-90
WRD 12-1988, f. & cert. ef. 8-10-88

Or. Admin. R. 690-017-0700 Cancellation Hearing

(1) Except as described in subsection (2) of this rule, hearings on proposed cancellations are governed by ORA 536.076, ORS 536.077, and OAR chapter 690, division 2. Proposed final orders shall become final by default as provided in OAR 690-002-0235.

(2) The protestant and any person(s) asserting forfeiture shall be given not less than 30 days’ notice of the hearing.

History

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.610 - 540.670, ORS 536.076 & ORS 536.077
WRD 13-2026, minor correction filed 07/29/2026, effective 07/29/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 17-1990, f. & cert. ef. 9-27-90
WRD 12-1988, f. & cert. ef. 8-10-88

Or. Admin. R. 690-017-0800 Grounds for and Manner of Rebutting a Presumption of Forfeiture

(1) Any record owner or occupant rebutting a presumption of forfeiture for nonuse of water under ORS 540.610(2), as provided in these rules, shall provide evidence that rebuts the presumption of forfeiture.

(2) A presumption of forfeiture may be rebutted by showing one or more of the grounds for rebuttal in ORS 540.610(2).

(3) An economic hardship exists only during the following periods of time:

(a) During a bankruptcy action initiated by or for the record owner or principal farm operator;

(b) During a foreclosure of real or personal property of the record owner or principal farm operator. The foreclosure of personal property must directly affect the ability to use the water in question;

(d) Three calendar years following the expiration of redemptions as provided in ORS 18.960 to 18.985; or, three years from the date of recording of a deed in lieu of foreclosure tendered by the record owner or principal farm operator in payment of debt owed;

(e) The time during which judicial actions limit or prohibit the record owner’s or principal farm operator’s use of the water in question; and

(f) The time during which a natural disaster would limit or prohibit the record owner’s or principal farm operator’s use of the water in question.

(4) Documentation supporting rebuttal based on enrollment in a federal program, bankruptcy, foreclosure or foreclosure redemption, natural disaster, or the 15-year statute of limitations on cancellation as provided for in ORS 540.610(2) may include, but is not limited to, the following items:

(a) The enrollment contract or agreement between the record owner, occupant, or principal farm operator and the appropriate federal jurisdiction;

(b) Affidavits by knowledgeable parties such as employees administering the federal programs;

(d) Documents from financial, mortgage, lending or title institutions; and

(e) Sworn statements by a watermaster, soil scientist, or insurance claim adjuster.

History

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.610 - 540.670
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 17-1990, f. & cert. ef. 9-27-90
WRD 12-1988, f. & cert. ef. 8-10-88

Or. Admin. R. 690-017-0900 Time Period of Non-Use

Where the rebutted nonuse occurs as an intervening period within an unrebutted period of nonuse totaling five or more years, the remaining unrebutted years of nonuse will be treated as consecutive and cancellation will be initiated.

History

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 540.610 - 540.670
WRD 26-2025, minor correction filed 12/19/2025, effective 12/19/2025
WRD 17-1990, f. & cert. ef. 9-27-90
WRD 12-1988, f. & cert. ef. 8-10-88

Division 18 ALLOCATION OF CONSERVED WATER

Or. Admin. R. 690-018-0010 Purpose and Applicability

(1) These rules describe the voluntary program under which a water right holder may benefit from an allocation of conserved water. Under the program, a portion of any water conserved may be used on additional lands, be put to a different use, or be leased or sold to another user.

(2) This program is intended to promote the conservation of water, maximize beneficial use and enhance streamflows pursuant to the statutory authority in ORS 537.455 to 537.500 and 540.510(2) and (3).

(3) These rules establish the process for review and evaluation of the merits and impacts of applications for allocation of conserved water. After a sufficient number of applications are submitted, these rules shall be reviewed and revised, as necessary, to further promote the allocation of conserved water and to provide criteria for determining requirements for mitigation and the establishment of instream water rights.

(4) The rules in this division apply to applications submitted on or after April 1, 2026, except as specified in OAR 690, Division 2. Applications submitted before this date shall be subject to rules in effect at the time of submittal, except as specified in OAR 690, Division 2.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027 & ORS 537.480
Statutes/Other Implemented: ORS 537.455 - 537.500
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 7-2004, f. & cert. ef. 11-5-04
WRD 15-1994, f. & cert. ef. 12-23-94
WRD 19-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-018-0012 Allocation Formula and Process

(1) Pursuant to ORS 537.470(3), after determining the quantity of conserved water, if any, required to mitigate the effects on other water rights, the Commission shall allocate 25 percent of the remaining conserved water to the state and 75 percent to the applicant, unless the applicant proposes a higher allocation to the state or more than 25 percent of the funds used to finance the conservation measures comes from federal or state public sources. If more than 25 percent of the funds used to finance the conservation measures comes from federal or state public sources and is not subject to repayment, the Commission shall allocate to the state a percentage equal to the percentage of public funds used to finance the conservation measures and allocate to the applicant a percentage equal to the percentage of other funds used to finance the conservation measures. If the commission determines that the water allocated to the state is necessary to support in-stream flow purposes in accordance with ORS 537.332 to 537.360, the water shall be converted to an in-stream water right. If the water allocated to the state is not necessary to support in-stream flow purposes, it shall revert to the public for appropriation by the next user in priority. In no event, however, shall the applicant receive less than 25 percent of the remaining conserved water unless the applicant proposes a higher allocation to the state.

(2) A water right affected by an allocation of conserved water under this program shall retain its original priority date. The priority date of the conserved water rights shall be either the same as or one minute after that of the original right.

(3) Many water users have expressed concern about the effects of an allocation of conserved water on the continued use of water under the original water right. These rules allow for a period of up to five years after implementation of a conservation project to confirm that the project is performing as expected. This will allow water right holders to better determine the adequacy of the quantity of water allocated to the original right. However, no out-of-stream uses may be made of the conserved water until after finalization of the project and issuance of the new certificates.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027 & ORS 537.480
Statutes/Other Implemented: ORS 537.455 - 537.500
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 7-2004, f. & cert. ef. 11-5-04
WRD 15-1994, f. & cert. ef. 12-23-94

Or. Admin. R. 690-018-0014 Timing of applications

(1) Applications for allocation of conserved water should be submitted prior to implementation of conservation measures. Project sponsors are encouraged to consult with the Department and other natural resource agencies and to submit applications early in the process of project development. The Department will work with applicants to identify and resolve any concerns of local water right holders, governmental entities, or other organizations.

(2) Notwithstanding section (1) of this rule, applications for allocation of conserved water may be submitted for projects in which all or a significant portion of the project costs have already been incurred. However, these project sponsors must consult with other water right holders in the area, governmental entities, and other organizations who have asked to be consulted prior to submittal of an application to identify and resolve any concerns regarding the application. Conserved water shall not be allocated pursuant to an application under these rules if the application is filed more than five years after the conservation measure was implemented.

History

Statutory/Other Authority: ORS 536.025, 536.027 & 537.480
Statutes/Other Implemented: ORS 537.455 - 537.500
WRD 7-2004, f. & cert. ef. 11-5-04
WRD 15-1994, f. & cert. ef. 12-23-94

Or. Admin. R. 690-018-0020 Definitions

The following definitions apply in OAR 690, division 18 and to any applications submitted or certificates 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 order allocating conserved water.

(2) "Commission" means the Water Resources Commission.

(3) "Conservation" means the reduction of the amount of water diverted to satisfy an existing beneficial use achieved either by improving the technology or method for diverting, transporting, applying or recovering the water or by implementing other approved conservation measures.

(4) "Conserved Water" means that amount of water that results from conservation measures, measured as the difference between:

(a) The smaller of the amount stated on the water right or the maximum amount of water that can be diverted using the existing facilities; and

(b) The amount of water needed after implementation of conservation measures to meet the beneficial use under the water right certificate.

(5) "Conserved Water Right" means any water right established by allocation of a quantity of water, that results from the savings of a conservation measure pursuant to OAR 690-018-0010 to 690-018-0090.

(6) "Department" means the Water Resources Department.

(7) "Director" means the Water Resources Director.

(8) "Instream Water Right" means a water right held in trust by the Water Resources Department for the benefit of the people of the State of Oregon to maintain water instream for public use.

(9) "Project costs" means the estimated total projected expenditures and in-kind contributions for a conservation project including but not limited to the costs of engineering, constructing, and monitoring the project and the present value of the incremental change in costs for up to 20 years of operations and maintenance that would not be incurred or realized in the absence of the project.

(10) “Water use subject to transfer” means a water use established by:

(a) An adjudication under ORS Chapter 539 as evidenced by a court decree;

(b) A water right certificate;

(c) A 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 Water Resources Commission under ORS 537.250; or

(d) A transfer application for which an order approving the change has been issued under ORS 540.530 and for which proper proof of completion of the change has been filed with the Water Resources Commission.

History

Statutory/Other Authority: ORS 536.025, 536.027 & 537.480
Statutes/Other Implemented: ORS 537.455 - 537.500
WRD 7-2004, f. & cert. ef. 11-5-04
WRD 15-1994, f. & cert. ef. 12-23-94
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 19-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-018-0025 District Requirements

(1) Any district intending to seek allocations of conserved water pursuant to ORS 537.455 to 537.500 shall, after providing public notice and holding a public meeting, adopt a policy that at a minimum shall:

(a) Describe how water saved by conservation measures will be allocated by the district;

(b) Describe how the district will address the allocation of conserved water percentages under ORS 537.470;

(c) Provide district patrons the opportunity to fund a share of the conservation project that is proportionate to the patron’s share of the water rights involved in the allocation of conserved water and to receive a corresponding share of the conserved water;

(d) Provide district patrons an opportunity to petition for a vote by all district patrons on the policy pursuant to applicable statutes governing elections or recalls in the subject district; and

(e) Provide district patrons an opportunity to appeal a proposed district conservation project to the district board of directors for failure to follow the district’s policy.

(2) The adopted policy under section (1) of this rule shall be reviewed and updated by the board of directors of the district at least once every five years and may be reviewed and updated more frequently at the discretion of the board of directors of the district. Review and update of the adopted policy must comply with the process and provisions under section (1) of this rule.

(3) This rule applies only to applications for allocations of conserved water filed by a district after November 5, 2004. This rule does not apply to applications for allocations of conserved water filed by individuals, including district patrons.

(4) For the purposes of this rule, “district” means an irrigation district organized under ORS Chapter 545 or a water control district organized under ORS Chapter 553.

History

Statutory/Other Authority: ORS 536.025, 536.027 & 537.480
Statutes/Other Implemented: ORS 537.455 - 537.500
WRD 7-2004, f. & cert. ef. 11-5-04

Or. Admin. R. 690-018-0040 Application Requirements

Applicants for allocation of conserved water shall provide to the Department the information described in this rule in substantially the same order as listed. The information shall include:

(1) The name(s) of the applicant(s), mailing address(es), email address(es) (if available), and telephone number(s);

(2) The certificate, permit, or transfer numbers or the name of the decree, if appropriate, of each water use subject to transfer that will be modified by the proposed allocation of conserved water;

(3) The date of priority and source of water for each water right identified in section (2) of this rule;

(4) The amount of water that may be used under the original rights expressed as the maximum rate and annual volume (duty) of water that may be diverted as stated on the water use subject to transfer;

(5) A description of the diversion facilities in sufficient detail for the Department to determine the capacity of the system. The description shall include:

(a) For a project that has not been completed, a description of the existing diversion facilities, including diversion structures, pumps, conveyance facilities, an estimate of the amount of water that can be diverted at the existing facilities stated as a rate of diversion, and application methods that will be affected by the proposed project; or

(b) For a project that has already been completed, a description of the diversion facilities before the conservation measure was implemented, including diversion structures, pumps, conveyance facilities, the amount of water that was diverted at the facilities stated as a rate of diversion before the conservation measure was implemented, and application methods that will be affected by the project;

(6) A description of the proposed changes to be made in the physical system and operations that will result in the conservation of water;

(7) The amount of water needed to meet the beneficial use currently authorized after implementation of the conservation measures described as a maximum rate and annual volume (duty) of water;

(8) The amount of water conserved by implementing the conservation measure calculated as the amount of water identified in section (4) or section (5) whichever is less, minus the amount of water identified in section (7), expressed as a maximum rate and annual volume (duty) of water;

(9) The proposed percentages and quantities of conserved water to be allocated to the applicant and to the state and the proposed use of any conserved water allocated to the applicant;

(10) The applicant’s choice of priority date for the conserved water, being either the same as or one minute after that of the original right;

(11) For a project that has not been completed, the date on which the applicant intends to:

(a) Begin construction of the conservation project;

(b) Complete construction and file notice of project completion pursuant to OAR 690-018-0062(1); and

(12) For a project that has already been completed:

(a) Evidence that the measure was implemented within five years prior to the date of filing the application; and

(b) The date on which the applicant intends to request that the allocation be finalized pursuant to OAR 690-018-0062(3);

(13) A description of any expected effects of the proposed allocation of conserved water on other appropriators that identifies what presently happens to the water that the applicant is proposing to conserve;

(14) A description of any mitigation or other measures planned to avoid harm to other water rights;

(15) A description of the intended use and boundaries of the expected area within which the diversion structures and places of use of the applicant’s portion of conserved water would be located and used for beneficial out-of-stream uses;

(16) To the extent possible and as applicable, identification of the stream reach that would be managed under an instream water right for:

(a) the state’s portion of conserved water; and

(b) any part of the applicant’s portion of conserved water that is to be reserved instream for future out-of-stream beneficial uses or dedicated to instream use;

(17) A map that meets the standards in OAR chapter 690, division 305, with sufficient detail to locate and describe the facilities and areas affected by the conservation measures;

(18) Identification of any federal or state public sources of project funds and, if federal or state public funds that are not subject to repayment will be used in the project, information showing the estimated project costs and anticipated sources of funds for the project including:

(a) The total cost for project engineering and construction;

(b) The present value of any incremental changes in the costs of operations and maintenance that are directly attributable to the project that would not be incurred or realized in the absence of the project;

(c) The amount of funding and the value of any in-kind contributions for project engineering and construction and for any incremental changes in the costs of operations and maintenance to be provided from federal or state public funds that are not subject to repayment; and

(d) The amount of funding and the value of any in-kind contributions for project engineering and construction and for any incremental change since costs of operations and maintenance to be provided from other funds;

(19) If construction of the project has begun or been completed and if more than 25 percent of the project costs have been expended before applying for allocation of conserved water, evidence that the applicant has attempted to identify and resolve the concerns of water right holders in the area, governmental entities, or other organizations who have asked to be consulted regarding the allocation of conserved water;

(20) A letter showing irrigation district or water control district approval if the conservation project is within the boundaries of the district;

(21) For applications submitted by irrigation districts or water controls districts, evidence of an adopted policy consistent with the requirements of OAR 690-018-0025;

(22) Land use information outlined in the Department's Land Use Planning Procedures Guide; and

(23) Other information the Department or Commission deems necessary and appropriate to aid in the evaluation of the application.

(24) The appropriate fee as required under ORS 536.050.

(25) The Director shall waive the application fee based on the percent of conserved water allocated to the state for instream use, not to exceed 50 percent of the application fee, if the instream allocation is:

(a) To establish an instream water right pursuant to ORS 537.348;

(b) Necessary to complete a project funded by the Oregon Watershed Enhancement Board under ORS 541.375; or

(c) Determined and endorsed in writing by Oregon Department of Fish and Wildlife as a change that will result in a net benefit to fish and wildlife habitat.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027 & ORS 537.480
Statutes/Other Implemented: ORS 537.455 - 537.500
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 7-2004, f. & cert. ef. 11-5-04
WRD 15-1994, f. & cert. ef. 12-23-94
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 3-1990, f. & cert. ef. 2-28-90
WRD 19-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-018-0050 Processing a Conservation Application and Approval of a Conservation Project

(1) When the Department receives an application for allocation of conserved water, the Department shall: review the application to determine if the applicant has included the information required under OAR 690-018-0040, all fees have been paid, and if the water rights that will be modified by the proposed allocation of conserved water are water uses subject to transfer as defined in ORS 540.505(4) and OAR 690-018-0020(11).

(2) If the Department determines that the application does not include the required information or fees, or that the water rights that will be modified by the proposed allocation of conserved water are not water uses subject to transfer, the Department shall return the application and any fees to the applicant along with a written description of the deficiencies in the application.

(3) If the Department determines the application is complete, all fees have been paid, and the water rights that will be modified by the proposed allocation of conserved water are water uses subject to transfer, the Department shall file the application and undertake an initial review of the application to determine:

(a) If the proposed allocation of conserved water will result in a reduced diversion for the uses allowed under the original water rights;

(b) If the proposed allocation of conserved water will harm existing water rights;

(c) If the application is consistent with the requirements established in OAR 690-005-0045 (Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans);

(d) The quantity of conserved water needed to mitigate for harm to existing water rights and the quantity of conserved water that may be allocated;

(e) The new rate and duty for the existing water rights and for any out-of-stream use of the conserved water rights;

(f) In consultation with the Departments of Fish and Wildlife, Environmental Quality and Parks and Recreation, if conserved water is needed to support instream uses;

(g) The amounts of water to be allocated to the applicant and, if needed, to the state for an instream water right based on the project costs and the amount of non-reimbursable public funds to be used for the project consistent with ORS 537.470(3) and OAR 690-018-0012(1);

(h) The areas within which the conserved water may be used for out-of-stream purposes and the stream reaches to which the conserved water may be dedicated for instream purposes;

(i) The periods to be allowed for the applicant to file a notice of completion of the conservation measures and to request that the allocation be finalized pursuant to OAR 690-018-0062. The time allowed between filing the notice of completion of the conservation measures and requesting that the allocation be finalized shall not exceed five years; and

(j) Any other conditions or limitations to be included in the new water rights or tied to the use of the applicant’s portion of conserved water, including but not limited to conditions or limitations to prevent or mitigate for harm to existing water rights or to prevent enlargement by the measurement, recording, and reporting to the watermaster the amount of water diverted and used under the applicant’s reduced rate and duty water right certificate for the lands involved in the application and under the applicant’s portion of conserved water, as applicable.

(4) Upon completion of the review outlined in section (3) of this rule, the Department shall provide by electronic means, or if requested by regular mail, a copy of the initial review to notify the applicant of its preliminary determinations, identify any outstanding information that is necessary to continue processing the application, and allow the applicant a period of at least 30 days to examine the initial review and address any issues in the initial review.

(5) Concurrent with the issuance of the initial review outlined in section (4) of this rule, the Department shall give notice of the initial review and accept written public comments for 20 days by:

(a) Publishing notice of the initial review in the Department’s weekly public notice; and

(b) Except for those already provided notice of the application under subsection (a) of this section, providing notice by electronic means to any individuals, organizations, governmental agencies including Indian Tribes, local government planning departments, irrigation districts in the area, and parties that the Director determines should be notified, unless a recipient has requested notification and that the notice be sent by regular mail.

(6) After conclusion of the time specified in OAR 690-018-0050(4) for the applicant to examine the initial review and for the public comment period described in OAR 690-018-0050(5), the Department shall consider applicant feedback and written public comments. Adjustments determined necessary by the Department shall be documented and incorporated into the proposed final order under section (7) of this rule.

(7) The Department shall issue a proposed final order of the determination made under section (3) of this rule, including any adjustments deemed necessary by the Department pursuant to section (6) of this rule. Based upon the Department’s determination, if the proposed final order:

(a) Recommends approval of the water conservation project under the application, then the proposed final order shall include conditions that provide for:

(A) The establishment of the dates pursuant to OAR 690-018-0050(3)(i) by which the applicant must:

(i) Complete the conservation measures under the project and file notice of the completion with the Department; and

(ii) Finalize the project and file a request for finalization with the Department;

(B) Upon issuance of an order approving completion of the project, the cancelation of the original water right certificate that is to be modified by the allocation of conserved water; and

(C) Following issuance of an order approving finalization of the project, the issuance of a certificate superseding the original certificate at the reduced rate and duty, a remaining right certificate for the lands not involved in the application, if applicable, and the allocation of the conserved water, all of which shall be contingent upon completion of the proposed project and satisfactory proof of use of the conserved water pursuant to OAR 690-018-0062;

(b) Recommends approval of the water conservation project under the application as well as completion of the project, then the proposed final order shall include conditions that provide for:

(A) The establishment of the date, not to exceed five years as set forth in OAR 690-018-0050(3)(i), by which the applicant must finalize the project and file a request for finalization with the Department;

(B) Cancelation of the original water right certificate that is to be modified by the allocation of conserved water; and

(c) Recommends approval of the conserved water project under the application as well as completion and finalization of the project, then the Department shall include conditions that provide for cancellation of the original water right certificate that is to be modified by the allocation of conserved water and shall, following issuance of the proposed final order, also issue the following draft certificate(s), as applicable, to supersede the original certificate and allocate the conserved water:

(A) The applicant’s reduced rate and duty water right for the lands involved in the application;

(B) The remaining right for the lands not involved in the application;

(C) The state’s instream water right reflecting the state’s portion of the conserved water to be put instream consistent with ORS 537.470(3); and

(D) If the applicant is proposing to permanently dedicate all or a portion of their conserved water to the state, then the amount dedicated to the state may be added to (C) of this subsection consistent with ORS 537.470(3).

(8) The Department shall send the proposed final order to the applicant by registered or certified mail in accordance with ORS 183.415. The proposed final order shall include a statement of the opportunity to protest the Department’s determination. The Department shall provide notice of issuance of the proposed final order by providing a copy of the proposed final order to any other person requesting notice and to each person who commented on the application for allocation of conserved water in response to the public notice under section (2) of this rule. Notice shall be provided by electronic means unless the recipient has requested that the notice be sent by regular mail.

(9) In accordance with OAR 690-002-0220, any person may file a protest against the proposed final order within 45 days after notice of issuance of the proposed final order. Protests, requests for party status, and contested case proceedings are governed by ORS 536.076, ORS 536.077, and OAR Chapter 690, Division 002. Proposed final orders shall become final if no protest is filed or by default as provided in OAR 690-002-0235. In addition to any other authority the Department may have, if a protest is properly filed, the Department may work with the applicant and the person filing the protest to determine whether the issues raised by the protest can be resolved informally.

(10) In the event of a land use dispute, as defined in OAR 690-005-0015 (Definitions), the Director shall follow resolution procedures provided in 690-005-0040 (Resolution of Land Use Disputes).

History

Statutory/Other Authority: ORS 536.025, ORS 536.027 & ORS 537.480
Statutes/Other Implemented: ORS 537.455 - 537.500, ORS 536.076, ORS 536.077 & ORS 536.045
WRD 61-2026, minor correction filed 08/03/2026, effective 08/03/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2012, f 1-31-12, cert. ef. 2-1-12
WRD 7-2004, f. & cert. ef. 11-5-04
WRD 15-1994, f. & cert. ef. 12-23-94
WRD 5-1991, f. & cert. ef. 4-26-91
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 3-1990, f. & cert. ef. 2-28-90
WRD 19-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-018-0062 Completion of Conservation Project and Testing Period

(1) If the order approving the application for allocation of conserved water allows a time period for completing the conservation measures and finalizing the allocations of conserved water prior to certification, following notice from the applicant that the project has been completed, the Director shall issue a completion order:

(a) Canceling the original water right certificate that is modified by the allocation of conserved water.

(b) Allowing the continued use of water for the purposes and at the locations described in the original water right certificates at the reduced rate and duty prescribed under OAR 690-018-0050(7); and

(2) Consistent with the order approving the allocation of conserved water and at the request of the applicant within the period allowed under OAR 690-018-0050(7)(a)(A)(ii) or -0050(7)(b)(A) for finalization of the project, the Director may increase the amount of water to be used pursuant to subsection (1)(b) of this rule and decrease by a like amount the quantity of conserved water needed to mitigate for harm to existing water rights and the quantity of conserved water to be allocated if the Director finds that the changes are necessary because the conservation project has not performed as expected and that the applicant’s use of additional water would not be wasteful. A request for additional water submitted under this section shall include sufficient information to demonstrate that:

(a) The project is less effective than was expected when the order approving the allocation of conserved water was issued;

(b) The lack of performance is not caused by the applicant’s failure to maintain the project; and

(c) The amount of water remaining for use under the original water rights is insufficient to satisfy the beneficial uses.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027 & ORS 537.480
Statutes/Other Implemented: ORS 537.455 - 537.500
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 7-2004, f. & cert. ef. 11-5-04
WRD 15-1994, f. & cert. ef. 12-23-94

Or. Admin. R. 690-018-0065 Finalization of Conservation Project

(1) Prior to the expiration of the time allowed under OAR 690-018-0050(7)(a)(A)(ii) or -0050(7)(b)(A), the applicant may request that an allocation of conserved water be finalized. The request shall include:

(a) If all or part of the applicant’s portion of the conserved water is to be used for an out-of-stream beneficial use at an identified location, the following information:

(A) The name, mailing address, email address (if available), and telephone number of the person using the water;

(B) A description of the type of beneficial use of the water;

(D) A map that meets the standards in OAR Chapter 690, Division 305; and

(b) If all or part of the applicant’s portion of the conserved water is to be leased, dedicated or temporarily reserved instream, a statement identifying the quantity of water to be managed as an instream water right.

(2) Following receipt of a request that an allocation of conserved water be finalized or following the expiration of the time allowed under OAR 690-018-0050(7)(a)(A)(ii) or -0050(7)(b)(A), the Director shall issue:

(a) A finalization order allowing, as applicable:

(A) The out-of-stream beneficial use of any portion of the conserved water allocated to the applicant, at the location and for the type of use identified pursuant to subsection (1)(a) of this rule; and

(B) The use and management as an instream water right of any portion of the conserved water allocated to the applicant that is being leased, dedicated or temporarily reserved instream;

(b) Certificate(s) to supersede the original certificate as provided for in the order approving the allocation of conserved water for:

(A) The applicant’s reduced rate and duty water right for the lands involved in the application; and

(B) The remaining right for the lands not involved in the application, if applicable; and

(c) A certificate for an instream water right for the state's portion of the conserved water as pursuant to ORS 537.470(3).

(d) If the applicant is proposing to permanently dedicate all or a portion of their conserved water to the state, then the amount dedicated to the state may be added to (C) of this subsection consistent with ORS 537.470(3).

History

Statutory/Other Authority: ORS 536.025, ORS 536.027 & ORS 537.480
Statutes/Other Implemented: ORS 537.455-537.500
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Or. Admin. R. 690-018-0080 Management of Conserved Water

(1) The Department shall manage any conserved water allocated to instream use under the rules established to implement ORS 537.332 to 537.360 pertaining to instream water rights.

(2) A conserved water right reserved instream for future out of stream use shall be managed to carry the water through the stream reach described in the order issued pursuant to OAR 690-018-0050. Any conserved water reserved instream shall maintain its priority date and will not be subject to abandonment under ORS 540.610 to 540.670.

History

Statutory/Other Authority: ORS 536.025, 536.027 & 537.480
Statutes/Other Implemented: ORS 537.455 - 537.500
WRD 19-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-018-0090 Change in Use of Conserved Water

(1) Any person or agency entitled to the use of conserved water shall notify the Director of any change in the type of use, place of use or point of diversion. The notice must be submitted 60 days before the actual change and must include the information requested in OAR 690-018-0065(1)(a).

(2) The Director shall approve a change in the type of use, place of use, or point of diversion for conserved water if:

(a) The proposed new use is within the area described under OAR 690-018-0050(3)(h);

(b) The proposed change would not constitute an expansion of the right;

(c) The proposed point of diversion would divert water from the same authorized source of water and would not constitute injury to another existing water right; and

(d) The approval is consistent with OAR 690-005-0045 (Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans).

(3) A change in the dispensation of the use of a conserved water right may be initiated 60 days after the notice prescribed in section (1) of this rule if the Director takes no action within that period.

(4) When a right to the use of conserved water is sold or given to an agency or political subdivision of the state or to a person:

(a) The right shall become appurtenant to the premises upon which use is made;

(b) A certificate of water right shall be issued upon satisfactory proof of use; and

(c) Unless dedicated to instream use, the right shall be subject to the provisions of ORS 540.510 to 540.539, 540.572 to 540.578, and 540.610 to 540.670.

(5) Upon approval of a change in the use or point of diversion proposed under this rule, the Director shall issue a new order to allow the new use of the conserved water.

(6) Any changes in the type of use, place of use, or point of diversion that are not provided for under this rule shall only be made after compliance with the transfer rules in OAR 690, division 380.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027 & ORS 537.480
Statutes/Other Implemented: ORS 537.455 - 537.500
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 7-2004, f. & cert. ef. 11-5-04
WRD 15-1994, f. & cert. ef. 12-23-94
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 19-1988, f. & cert. ef. 11-4-88

Division 19 DROUGHT MITIGATION

Or. Admin. R. 690-019-0010 Purpose of Rules

(1) The following OARs apply to drought mitigation activities. The mitigation activities were authorized by the 1989 legislature, amended by the 1993 and 2001 legislatures, and are codified at ORS 536.700–536.780 "Emergency Water Shortage Powers."

(2) These rules provide for action available to the Governor and the Water Resources Commission. They become operative only during extraordinary drought situations. Action within these rules is intended to mitigate problems which may develop during years when water supplies are inadequate.

History

Statutory/Other Authority: ORS 536.720 - 536.780
Statutes/Other Implemented: ORS 536.720 - 536.780
WRD 6-2001, f. & cert. ef. 10-8-01
WRD 8-1994, f. & cert. ef. 8-2-94
WRD 7-1990, f. & cert. ef. 6-25-90

Or. Admin. R. 690-019-0020 Definitions

The following definitions apply in OAR 690, division 19:

(1) "Agreement" means a contractual arrangement specifying an understanding or arrangement for one party to temporarily make use of valid permit or water right held by another party.

(2) "Commission" means the Water Resources Commission.

(3) "Department" means the Water Resources Department.

(4) "Director" means the Director of the Water Resources Department.

(5) "Designated Drought Area" means a specific area within the state so designated by the Governor.

(6) "Emergency Use Permit" means a temporary permit for use of water.

(7) "Human Consumption" means the use of water for the purposes of drinking, cooking, and sanitation.

(8) "Local Government" means any governmental entity authorized by the laws of this state.

(9) "Option" means a contractual arrangement for a specified consideration for the use of a valid permit or water right.

(10) "Political Subdivision" means any local government unit including a county, city, town, or district established under the laws of Oregon.

(11) "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.

(12) "Scenic waterway flows" mean flows acknowledged by the Water Resources Commission pursuant to ORS 390.835.

(13) "Temporary drought transfer" means a temporary change in use, change in place of use, or change in point of diversion authorized pursuant to ORS 536.750.

History

Statutory/Other Authority: ORS 536.720 - 536.780
Statutes/Other Implemented: ORS 536.720 - 536.780
WRD 6-2001, f. & cert. ef. 10-8-01
WRD 3-2001(Temp), f. & cert. ef. 4-16-01 thru 10-12-01
WRD 8-1994, f. & cert. ef. 8-2-94
WRD 7-1990, f. & cert. ef. 6-25-90

Or. Admin. R. 690-019-0030 Duration of Drought Declaration

(1) During the effective time period of a drought declaration under ORS 536.740 in accordance with these rules, the Commission or the Director may take the following actions:

(a) Allow emergency water use under the terms of emergency use permits without first conducting a hearing under ORS 537.170;

(b) Waive the notice requirements under 537.753 and the report required under ORS 537.762 pertaining to water well construction;

(c) Allow a temporary exchange of water as allowed under ORS 540.533 without first giving notice as required under 540.535;

(d) Grant preference of use for human consumption, and/or stock watering; or

(e) Allow a temporary change in use, place of use or point of diversion of water under the terms of an emergency use permit without complying with the notice and waiting requirements under ORS 540.520.

(2) Termination of a declaration of drought shall be by order of the Governor.

History

Statutory/Other Authority: ORS 536.720 - 536.780
Statutes/Other Implemented: ORS 536.720 - 536.780
WRD 6-2001, f. & cert. ef. 10-8-01
WRD 8-1994, f. & cert. ef. 8-2-94
WRD 7-1990, f. & cert. ef. 6-25-90

Or. Admin. R. 690-019-0040 Emergency Water Use Permit

(1) After the Governor declares that a severe, continuing drought exists, the Director may approve applications for emergency use permits. Emergency use permits shall allow use of water to replace water not available under an existing right because of the drought. Each application must be for use within a designated drought area. All fees required by OAR 690-019-0100 shall accompany the application. Application forms may be obtained from the Department.

(2) An emergency water use permit applicant shall submit sufficient information to establish that:

(a) Drought conditions have created an inability on the part of the applicant to obtain water under an existing right; and

(b) Use is proposed in a designated drought area;

(c) Additionally, the Director may require the applicant to submit a plan and evidence showing conservation and water use curtailment measures have been taken before use is made of an emergency use permit.

(3) The Director shall approve an application for emergency water use upon findings that the proposed use will not cause injury to existing water rights and will not impair or be detrimental to the public interest. In evaluating whether the proposed use will impair or be detrimental to the public interest, the Director shall consider the factors described in OAR 690-310-0120 and 690-310-0130; and:

(a) The need for water because of the drought emergency; and

(b) The short-term nature of the proposed emergency use.

(4) An emergency use permit may be issued upon approval by the Director. No hearing under ORS 537.170 is required:

(a) Public notice of receipt of emergency use applications or approval of such applications will be included in the Department's regular public notice of applications;

(b) The Director will consider all comments received concerning the use, or proposed use, under the emergency use permit throughout the life of the permit.

(c) Use of water under the emergency use permit may be regulated at any time in accordance with the terms and conditions of the permit;

(5) Emergency use permits issued by the Director shall include the following conditions or limitations:

(a) Use of water is subject to prior water right permits, certificates, decreed rights, scenic waterway flows and minimum stream flows;

(b) A specified duration of use, not to exceed one year, unless renewed pursuant to OAR 690-019-0085;

(c) Rate, volume, and season limitations which shall not exceed the limitations of the underlying water right, including a condition that permits granted pursuant to this section shall not extend the season beyond historic use;

(d) The expiration date for the permit granted pursuant to this section which shall not exceed the term of the Governor's declared drought;

(e) If use of water under the emergency use permit causes injury to an existing water right, the permit shall be revoked unless the injury is mitigated to the satisfaction of the Director and injured water right holder; and

(f) Any other conditions the Director deems appropriate, including but not limited to water use conservation, measurement and water curtailment measures.

(6) An emergency use permit issued to a state agency or political subdivision shall require:

(a) Submission of a water conservation or curtailment plan for approval by the Director; or

(b) Implementation of an approved water conservation or curtailment plan when directed by the Governor.

(7) A previously submitted conservation or curtailment plan may be submitted in lieu of the requirement for submittal in subsection (6)(a) of this rule.

(8) If an application fails to meet any requirement of these rules the application shall not be filed and shall be returned to the applicant.

History

Statutory/Other Authority: ORS 536.720 - 536.780
Statutes/Other Implemented: ORS 536.720 - 536.780
WRD 6-2001, f. & cert. ef. 10-8-01
WRD 3-2001(Temp), f. & cert. ef. 4-16-01 thru 10-12-01
WRD 8-1994, f. & cert. ef. 8-2-94
WRD 7-1990, f. & cert. ef. 6-25-90

Or. Admin. R. 690-019-0050 Incomplete Applications

When an application does not contain all the information and supporting material required by the application form and these rules, the application shall be declared incomplete. The applicant shall be notified. Additionally, the application or a portion of the application may be returned to the applicant. A request for additional information will be made of the applicant who shall have 30 days to complete the application. If the applicant fails to complete the application within 30 days, the application shall be rejected.

History

Statutory/Other Authority: ORS 536.720 - 536.780
Statutes/Other Implemented: ORS 536.720 - 536.780
WRD 8-1994, f. & cert. ef. 8-2-94
WRD 7-1990, f. & cert. ef. 6-25-90

Or. Admin. R. 690-019-0055 Temporary Drought Transfers

(1) After the Governor declares that a severe, continuing drought exists, any person holding a water right permit, certificate, decree or claim to a right under ORS Chapter 539 who because of the effects of the drought is unable to use water, may apply to the Director for a temporary change in use, place of use, or point of diversion of water from another water use subject to transfer, or a claim to a right under ORS Chapter 539, without complying with the notice and waiting requirements of ORS 540.520. The Director shall approve such temporary drought transfer, with any appropriate conditions, including water use conservation, measurement and water curtailment measures, if:

(a) The temporary drought transfer will not result in injury to an existing right; and

(b) Total water use at the receiving location does not exceed the maximum rate and duty for the receiving location.

(2) The full value of a right may be transferred. However, if a right proposed for transfer is for irrigation purposes and the transfer is made after the beginning of an irrigation season, only that portion of the right available for use during the rest of that irrigation season may be used at the new place of use.

(3) A temporary drought transfer approved under this rule shall include a condition to require the Director may to revoke the temporary drought transfer order if injury to existing water rights is shown and cannot be mitigated to the satisfaction of the Director and injured parties.

(4) The expiration date for the temporary drought transfer granted pursuant to this rule shall not exceed one year or the term of the Governor's declared drought, whichever is shorter, unless otherwise renewed pursuant to OAR 690-019-0085.

(5) Public notice of a temporary drought transfer application or approval of such application shall be included in the Department’s weekly notice.

History

Statutory/Other Authority: ORS 536.720 - 536.780
Statutes/Other Implemented: ORS 536.720 - 536.780
WRD 6-2001, f. & cert. ef. 10-8-01
WRD 3-2001(Temp), f. & cert. ef. 4-16-01 thru 10-12-01
WRD 8-2994, f. & cert. ef. 8-2-94

Or. Admin. R. 690-019-0058 Temporary Drought Instream Leases

(1) Notwithstanding the requirements of OAR 690-077-0077, after the Governor declares that a severe, continuing drought exists, any person holding a water use subject to transfer may enter into a temporary drought instream lease agreement to convert a water right or a portion of a water right to an instream water right. The Director shall approve a temporary drought instream lease provided:

(a) The temporary drought instream lease will not result in injury to an existing right; and

(b) Total water use for the proposed instream lease will not exceed the amount in the leased right.

(2) The full value of a right may be leased. However, if a right proposed for lease is for irrigation purposes and the lease is made after the beginning of an irrigation season, only that portion of the right available for use during the remainder of that irrigation season may be used for the instream water right.

(3) A temporary drought instream lease approved under this rule shall include a condition to require the Director to revoke the temporary drought instream lease order if injury to existing water rights is shown and cannot be mitigated to the satisfaction of the Director and injured parties.

(4) The expiration date for the temporary drought instream lease granted pursuant to this rule shall not exceed one year or the term of the Governor's declared drought, whichever is shorter, unless otherwise renewed pursuant to OAR 690-019-0085.

(5) Public notice of a temporary drought instream lease application or approval of such application shall be included in the Department’s weekly notice.

History

Statutory/Other Authority: ORS 536.720 - 536.780
Statutes/Other Implemented: ORS 536.720 - 536.780
WRD 6-2001, f. & cert. ef. 10-8-01
WRD 3-2001(Temp), f. & cert. ef. 4-16-01 thru 10-12-01

Or. Admin. R. 690-019-0059 Temporary Substitution of Supplemental Ground Water Right for Surface Water Primary Right

(1) After the Governor declares that a severe, continuing drought exists, any person holding both a primary water right originating from a surface water source and a supplemental water right from a ground water source may apply to the Director to temporarily substitute the use of the supplemental right for the primary right. Applications must be for use in a designated drought area. The fee required under OAR 690-019-0100(4) shall accompany the application. Application forms may be obtained from the Department.

(2) The Department shall expedite the notice and waiting requirements of ORS 540.524. Upon receiving a completed application under section (1) of this rule, notice of the proposed temporary substitution application, or proposed approval of the application shall be included in the weekly notice published by the Department.

(3) Within 10 days after publication of the notice under section (2) of this rule, any person may file with the Department a protest against approval of the application. If a timely protest is filed, the Department shall hold a hearing on the matter pursuant to ORS 540.520(7).

(4) The Director shall approve a temporary substitution, with any appropriate conditions, including water use conservation, measurement, and water curtailment measures, provided the proposed substitution will not result in injury to other water rights. The Director may condition the approval of a temporary substitution to avoid or mitigate injury.

(5) A temporary substitution approved under this rule shall include a condition to require the Director to revoke the temporary substitution order if injury to existing water rights is shown and cannot be mitigated to the satisfaction of the Director and the injured parties.

(6) The expiration of a temporary substitution granted under this rule shall not exceed one year or the term of the Governor’s declared drought, whichever is shorter, unless otherwise renewed pursuant to OAR 690-019-0085.

History

Statutory/Other Authority: ORS 536.720 - 536.780
Statutes/Other Implemented: ORS 536.720 - 536.780
WRD 6-2001, f. & cert. ef. 10-8-01

Or. Admin. R. 690-019-0060 Potential Liability

Issuance of an emergency use permit, temporary drought transfer or a grant of preference of use by order of the Commission may not protect the person receiving the permit, transfer or grant of preference from liability for improper use of the water under the permit, transfer or grant of preference.

History

Statutory/Other Authority: ORS 536.700 - 536.780
Statutes/Other Implemented: ORS 536.700 - 536.780
WRD 6-2001, f. & cert. ef. 10-8-01
WRD 3-2001(Temp), f. & cert. ef. 4-16-01 thru 10-12-01
WRD 8-1994, f. & cert. ef. 8-2-94
WRD 7-1990, f. & cert. ef. 6-25-90

Or. Admin. R. 690-019-0070 Preference of Use, Human Consumption and Livestock

(1) When the Governor declares that a severe, continuing drought exists, the Commission may grant a temporary preference of use to water rights for human consumption and/or stock watering. The temporary preference of use shall be by order of the Commission and shall apply only to designated drought areas. Temporary preference may be given over other water uses regardless of priority date.

(2) Applications for preference for human consumption and/or stock water shall be submitted on a form provided by the Department.

(3) In considering designation of an area for preferential use, the Commission may review recommendations from the Drought Council, recommendations from the Water Availability Committee, recommendations from county government officials within a designated drought area, and any other available information.

(4) Before issuing an order granting a temporary preference of use the Commission shall determine that the order is necessary to protect the health and welfare of the people of Oregon. Any order issued by the Commission for preference of use shall include:

(a) The expiration date for the temporary preference of use granted under the terms of this rule which shall not exceed the term of the Governor's declared drought;

(b) The geographic area specified for the temporary preference of use which shall be within a designated drought area;

(d) A statement that there is an immediate threat to the health and welfare of the people of Oregon; and

(e) A requirement that political subdivisions within the designated drought area submit water conservation or curtailment plans for the Director's approval.

(5) Upon issuance of the order the watermaster within the designated drought area shall be notified of the temporary preference of use.

History

Statutory/Other Authority: ORS 536.700 & 536.780
Statutes/Other Implemented: ORS 536.700 - 536.780
WRD 6-2001, f. & cert. ef. 10-8-01
WRD 8-1994, f. & cert. ef. 8-2-94
WRD 7-1990, f. & cert. ef. 6-25-90

Or. Admin. R. 690-019-0080 Option or Agreement for Use of Existing Right

(1) In order to plan for and mitigate the effects of severe, continuing drought, a local government, public corporation, or water right holder may enter into an option or agreement for the use of water under an existing permitted, certificated or decreed water right within a designated drought area. If approved as provided in sections (2) to (6) of this rule, an option or agreement may be exercised during a period of declared drought after the parties to the option or agreement notify the Department.

(2) Water used under the terms of an approved option or agreement may be used at locations, at points of diversion and for beneficial uses other than those described in the water right.

(3) The holder of the option or agreement is not required to construct any diversion or other appropriation facilities or works.

(4)(a) An option or agreement proposed under section (1) of this rule shall be subject to approval of the Director or Commission. The Director must find that the use of water under the proposed option or agreement will not cause injury to existing water rights and will not impair or be detrimental to the public interest;

(b) A local government, public corporation, or water right holder proposing an option or agreement shall submit an application to the Director. The application shall be accompanied by the fee set forth in ORS 536.050(1)(a). The application shall include the following information:

(A) The name of the local government, public corporation, or water right holder applying for approval of the option or agreement;

(B) The name of the holder of the permitted, certificated, or decreed water right that will be affected by the option or agreement;

(D) A copy of the proposed option or agreement;

(E) A statement that the water is intended for in-stream use, or a description of the lands on which the water is currently used, and a description of the lands on which the water shall be used under the option or agreement;

(F) Evidence that the water to be used under the option or agreement has been used over the past five years according to the terms and conditions of the owner's permitted, certificated, or decreed water right.

(G) If not intended for in-stream use, evidence that the water shall be used to supplement an existing water right held by the local government, public corporation, or water right holder and that water is not available under the existing right.

(5) Upon receipt of an application for an option or agreement, the Director will provide notice in the regular weekly notice of the Department pertaining to applications received and by publication once a week for at least two successive weeks in a newspaper having general circulation in the area in which the water supply for the permitted, certificated or decreed water right is located and in which the option or agreement shall be exercised. The Director shall not take action on an application until at least 20 days after the last date the notice appeared in the newspaper.

(6) Any person whose use of water under an existing water right may be affected by the option or agreement, or any person who represents a public interest that may be affected by the option or agreement, may file a protest against approval of the application with the Department. The protest shall be filed with the Department within 30 days from the date of the first publication. If the petitioner seeks to protect a use of water under an existing water right, the protest shall contain a detailed statement of the petitioner's water use and how the use may be affected by approval of the option or agreement. If the petitioner represents a public interest, the protest shall contain a detailed statement of such public interest and the manner in which the public interest shall be affected by the option or agreement.

(7) Whenever a timely protest is filed or in the opinion of the Director a hearing is necessary to determine whether the exercise of a proposed option or agreement will result in injury to an existing water right or may impair or be detrimental to the public interest, the Director shall schedule a hearing and refer the matter to the Commission for final determination. Notice and conduct of the hearing shall be in accordance with the provisions of ORS 183.310 to 183.550 applicable to contested cases, and the hearing shall be held in the area where the underlying water rights that are subject to the proposed option or agreement are located unless all parties agree to a different location.

(8) If, after a hearing by the Commission or examination by the Director, it is found that the option or agreement can be implemented without injury to existing water rights or impairment or detriment to the public interest, the Director shall issue an order approving the option or agreement. The order shall:

(a) Contain conditions describing the period of time in which use may occur and include a limitation that use may occur under the option or agreement only after a declaration of severe, continuing drought has been made by the Governor, and use may not continue after the drought declaration has been rescinded;

(b) Include any other conditions the Director deems appropriate, including but not limited to water use conservation, measurement and curtailment measures; and

(c) Remain in effect until terminated by the parties to the option or agreement or by order of the Commission or Director.

(9) The Director may review any order issued under subsection (8) of this section to determine whether the order shall be continued in effect, modified or terminated in order to insure protection of other existing water rights and the public interest. Before making such determination the Director shall provide notice and an opportunity for hearing in the manner described in subsections (2) to (6) of this section.

(10) Any proposed change to a previously-approved option or agreement shall be submitted to the Director for approval before the changes may be implemented. Upon receipt of any proposed change, the Director shall proceed as described in subsection (5) of this section. If the Director determines that the proposed change substantially alters the previously-approved option or agreement, the Director may request additional information to review the proposed change. Prior to the date the Director may take action on the change, any person wishing to protest may proceed as allowed under subsection (6) of this section. Only the proposed change may be addressed in the process. The Director shall then proceed as per subsections (5), (6), (7) and (8) of this section.

(11) The Commission may enter into an option or agreement for the use of water under an existing permitted, certificated or decreed water right within a designated drought area during the time in which a severe, continuing drought is declared to exist. Water used under the terms of an approved option or agreement may be used at locations, at points of diversion, and for beneficial uses other than those described in the water right. The total use of water by the water right holder and the Commission must be within the rate, volume and seasonal limits of the water right, and must not cause injury to any other water right.

(12) When the Governor declares that a severe, continuing drought exists, the Commission, a local government, a public corporation, or water right holder may proceed with the terms of an approved option or agreement. In addition to the conditions in the agreement, the terms of the use shall be as follows:

(a) Use may begin at any time, but the total use shall be limited to the rate, volume, acreage, time and other limits of the existing water right; and

(b) The local watermaster shall be given written, advance notice of intent to proceed;

(13) Use or nonuse of water under the terms of an approved option or agreement shall not be considered by the Department in a determination of abandonment of a perfected and developed water right under ORS 540.610(1).

History

Statutory/Other Authority: ORS 536.700 - 536.780
Statutes/Other Implemented: ORS 536.700 - 536.780
WRD 1-2012, f 1-31-12, cert. ef. 2-1-12
WRD 6-2001, f. & cert. ef. 10-8-01
WRD 3-1995, f. & cert. ef. 6-14-95
WRD 8-1994, f. & cert. ef. 8-2-94
WRD 7-1990, f. & cert. ef. 6-25-90

Or. Admin. R. 690-019-0085 Renewal Process for Drought Water Use Authorizations

(1) This rule section applies only to persons that received Department approval for a drought water use authorization for:

(a) An emergency water use permit under OAR 690-019-0040;

(b) A temporary drought transfer under OAR 690-019-0055;

(d) A temporary substitution under OAR 690-019-0059.

(2) If a drought declaration continues for consecutive years, a person that meets the requirement of subsection (1) of this section may request renewal of the drought water use authorization by letter to the Department. The renewal request shall:

(a) State the water use authorization number for the previously-approved drought water use; and

(b) Identify any proposed changes that are not consistent with the previously-approved drought water use authorization.

(3) The Department shall review the renewal request in accordance with the process and standards provided in OAR 690-019-0040, 690-019-0055, 690-019-0058 or 690-019-0060.

(4) The Department may request additional information to process the renewal request.

(5) If the Department determines that the renewal request proposes to substantially alter the previously-approved drought water use authorization, the Department may require the filing of a new application.

History

Statutory/Other Authority: ORS 536.700 - 536.780
Statutes/Other Implemented: ORS 536.700 - 536.780
WRD 6-2001, f. & cert. ef. 10-8-01

Or. Admin. R. 690-019-0090 Requirement for Conservation and Curtailment Plans

(1) When the Commission declares that a severe or continuing drought is likely to occur, it may order state agencies and political subdivisions to develop and file with the Director conservation or curtailment plans:

(a) The Commission’s order shall require development of the plan within 30 days from the date of the order; and

(b) If a state agency or political subdivision fails to comply with the order to provide plans that are acceptable to the Director, or fails to implement approved plans when directed by the Governor, the Director may do any or all of the following:

(A) Delay approval of an emergency use permit requested by a state agency or political subdivision;

(B) Suspend use under an existing emergency use permit held by a state agency or political subdivision;

(C) Offer evidence of the failure to comply by a political subdivision to the Commission when the Commission is considering designating an area for preference of use for livestock and human consumption; and

(D) Develop an appropriate plan for the state agency or political subdivision. Plans developed by the Director shall be implemented by the state agency or political subdivision when directed by the Governor.

(2) Following a declaration by the Governor that a severe, continuing drought exists or is likely to exist, the Governor may direct state agencies and political subdivisions to implement water conservation or curtailment plans, as approved by the Director:

(a) Water conservation plans shall include procedures to:

(A) Reduce usage of water resources for non-essential public purposes;

(B) Undertake activities consistent with law designed to promote conservation, prevention of waste, salvage and reuse of water resources; and

(C) Establish programs consistent with law designed to promote conservation, prevention of waste, salvage and reuse of water.

(b) Water curtailment plans shall be developed to provide water necessary for human and livestock consumption during a severe, continuing drought. The plans shall specify procedures:

(A) To curtail, adjust or allocate the supply of water resources for domestic, municipal and industrial use; and

(B) To regulate the times and manner in which water resources are consumed.

(c) Approval by the Director of a water conservation plan or a water curtailment plan is contingent on the Director finding that the plan satisfactorily promotes uniformity in water conservation or curtailment practices and that there is consideration given to local conditions in providing coordination of usage regulation.

History

Statutory/Other Authority: ORS 536.720 - 536.780
Statutes/Other Implemented: ORS 536.720 - 536.780
WRD 8-1994, f. & cert. ef. 8-2-94
WRD 7-1990, f. & cert. ef. 6-25-90

Or. Admin. R. 690-019-0100 Schedule of Fees

The following is a schedule of fees for administrative work performed by the Department:

(1) Emergency water use permit:

(a) Examination fee = $200 plus;

(b) Recording fee = $400 for first cubic-foot/second or fraction thereof; $100 for each additional cubic-foot/second or fraction thereafter.

(2) Temporary drought transfer:

(a) Examination fee = $100 plus;

(b) Recording fee = $100 for first cubic-foot/second or fraction thereof; $50 for each additional cubic-foot/second or fraction thereafter.

(3) Option or Agreement: Application fee = $200.

(4) Temporary substitution: Application fee = $100.

History

Statutory/Other Authority: ORS 536.700 - 536.780
Statutes/Other Implemented: ORS 536.700 - 536.780
WRD 6-2001, f. & cert. ef. 10-8-01
WRD 3-2001(Temp), f. & cert. ef. 4-16-01 thru 10-12-01
WRD 3-1995, f. & cert. ef. 6-14-95
WRD 8-1994, f. & cert. ef. 8-2-94
WRD 7-1990, f. & cert. ef. 6-25-90

Or. Admin. R. 690-019-0105 Fee Refund

The Director may refund all or part of any fee submitted to the Department pursuant to OAR 690-019-0100.

History

Statutory/Other Authority: ORS 536.700 - 536.780
Statutes/Other Implemented: ORS 536.700 - 536.780
WRD 6-2001, f. & cert. ef. 10-8-01

Division 20 DAM SAFETY

Or. Admin. R. 690-020-0000 Purpose and Applicability

(1) The purpose of these rules is to implement ORS 540.443 through 540.491 and ORS 540.995, as well as applicable sections of ORS 536.050 and ORS 537.400, through actions that are intended to ensure the safety of the Dams, insofar as Dams may affect possible loss of life or property, and damage to public infrastructure. Prioritization of Dam safety actions and requirements are based on the Hazard Rating of the Dam. These rules outline processes to:

(a) Review design and specifications to Construct a Dam;

(b) Review plans for Removal of Significant Hazard and High Hazard Dams;

(d) Cooperate with Dam owners over Dam safety issues;

(e) Prescribe Maintenance Actions, corrective actions, or any other actions necessary to protect life, property, or public infrastructure consistent with the Department’s authorities and with law, and to pursue formal enforcement as necessary;

(f) Communicate, coordinate, and collaborate with Persons, Tribes, or other government entities regarding Dam safety; and

(g) Plan for and respond to emergencies as necessary and as consistent with law.

(2) These rules do not apply to:

(a) Dams that are less than ten feet in Height or that impound less than three million gallons (9.2 Acre-feet) of Water;

(b) Water storage Tanks or various types of Tanks that are part of Water treatment facilities; and

(3) Compliance with ORS 540.443 through 540.491 and these OAR Chapter 690, Division 20 rules does not relieve the owner or operator of a Dam or an individual in immediate charge of a Dam from any duty, obligation, or liability regarding the ownership, maintenance, or operation of the Dam.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 536.050, 537.400, 540.446, 540.488, 540.491
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15
Renumbered from 690-020-0021, WRD 7-2009, f. 12-7-09, cert. ef. 1-1-10
WRD 12-1994, f. & cert. ef. 11-7-94
WRD 12-1986, f. & ef. 10-3-86

Or. Admin. R. 690-020-0022 Definitions

Unless the context requires otherwise, the following definitions apply in OAR Chapter 690, Division 20:

(1) “Abutment” means a natural valley or canyon side against which the Dam is built;

(2) “Acre-feet” means the unit of volume equal to one acre covered with one foot of Water (325,851 gallons);

(3) “Annual Exceedance Probability Flood” means the likelihood of a specific flood flow being equaled to or exceeded in any given year at that specific location, expressed as a percentage;

(4) “As-built Drawing” means an engineering drawing of a Dam as it was actually constructed, noting all differences between original design and actual constructed condition;

(5) “Conduit” means a closed conveyance used to release Water through a Dam;

(6) “Core” means a soil of low permeability within an Embankment Dam;

(7) “Construct” has the meaning given to the term in ORS 540.443;

(8) "Constructing" has the same meaning as "Construct";

(9) "Crest" means the top of the Dam;

(10) “Cutoff Trench” means a trench excavated beneath the Dam Foundation and backfilled with low permeability material to retard Water seepage;

(11) “Dam” has the meaning given to the term in ORS 540.443;

(12) “Dam Failure” has the meaning given to the term in ORS 540.443;

(13) “Department” means the Oregon Water Resources Department;

(14) “Director” means the Director of the Oregon Water Resources Department;

(15) “Embankment” means an engineered earth fill;

(16) “Emergency Action Plan” or “EAP” has the meaning given to the term in ORS 540.443;

(17) “Engineer” means an individual who is registered in this state and holds a valid certificate to practice engineering in this state as provided under ORS 672.002 to 672.325;

(18) “Engineer of Record” means a professional engineer registered in Oregon retained by a Dam owner to analyze, plan, and design a Dam to current safety standards, to oversee safe construction of a Dam, to supervise Modification or Removal of a Dam, or to oversee corrective actions identified by the Department, or to otherwise administer activities for a Dam;

(19) “Foundation” means the ground surface upon which a Dam is constructed;

(20) “Freeboard” means the vertical distance between the high-water level in the reservoir and the low spot on the Crest;

(21) “Gate” or “Valve” means a permanent device for regulating Water flow through the Dam;

(22) “Hazard Rating” means the categorization of a Dam established by the Department based on the potential damage to life, property, or public infrastructure downstream of a Dam in the event of a Dam Failure;

(23) "Height" means the maximum height of the Dam above natural ground as measured at the maximum section along the Dam's longitudinal axis;

(24) “High Hazard Rating” or “High Hazard” has the meaning given to the term in ORS 540.443;

(25) “Inflow Design Flood” or “IDF” means the peak flood flow that the Engineer of Record will design to safely pass over or through the Spillway;

(26) “Low Hazard Rating” or “Low Hazard” means that if a Dam were to fail, loss of life would be unlikely, and damage to property or public infrastructure would not be extensive;

(27) “Maintenance Action” has the meaning given to the term in ORS 540.443;

(28) “Modification” means changes to a Dam that have a potential impact on the safe functioning of the dam, are to an extent that the modified dam structures no longer conform to the original design, and do not include modifying Dam Height, performing Maintenance Actions, or Removal of a Dam;

(29) “Person” has the meaning given to the term in ORS 536.007;

(30) “Potentially Unsafe” has the meaning given to the term in ORS 540.443;

(31) “Pressurized Conduit” means any pipe that penetrates into a Dam so that there is hydrostatic pressure due to the location of a Gate, Valve, or pipe connection;

(32) “Probable Maximum Flood” or “PMF” means the largest flood that could occur at a specific location, determined by the most severe set of atmospheric, soil moisture, and snowpack conditions that are reasonably possible at that location;

(33) "Removal" means demolishing all, or a portion of, the Dam structure permanently preventing storage of Water and allowing safe and natural passage of flood flows downstream;

(34) “Significant Hazard Rating” or “Significant Hazard” has the meaning given to the term in ORS 540.443;

(35) “Soil Filter” means soil with a gradation designed to inhibit movement of adjacent, finer grained soils;

(36) “Spillway” means any structure constructed to bypass Water, including flood waters, to prevent Water overtopping the Crest;

(37) “State Engineer” means an Engineer employed by the Department that is either the director or a principal assistant working for the director as described in ORS 536.032;

(38) “Tank” means a fully-enclosed (bottom and sides) hydraulic structure made from metal, reinforced concrete, rigid fiberglass, or plastic that provides its own Water-sealing and structural stability;

(39) “Toe Drain” is a drainage structure designed to collect and remove seepage Water from the toe of the Dam and to discharge this Water in a manner where it can be measured;

(40) “Unsafe” has the meaning given to the term in ORS 540.443;

(41) “Water” means water or wastewater;

(42) “Zoned Embankment” means an Embankment Dam with a Core of low permeability materials, Soil Filter materials, drainage, and other materials placed to improve performance and safety of the Dam.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.443
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15
WRD 7-2009, f. 12-7-09, cert. ef. 1-1-10
WRD 12-1986, f. & ef. 10-3-86

Or. Admin. R. 690-020-0024 General Department Authorities and Intergovernmental Coordination

In addition to any other powers of the Department, in carrying out its duties, functions, and powers, under these rules and ORS 540.443 through 540.491 and 540.995, the Department may:

(1) Enter into contracts, memorandums of understanding and intergovernmental agreements for the inspection, evaluation or study of Dams, or the response to Dam Failure or potential Dam Failure.

(2) Accept moneys from any public or private source for the administration and enforcement of ORS 540.443 through 540.491 and these Division 20 rules for enhancing the safety of Dams or the protection of life, property, or public infrastructure in areas below Dams.

(3) Coordinate with federal, Tribal, state, local, and private entities to enhance the safety of Dams or the protection of life, property, or public infrastructure in areas below Dams.

(4) Waive or reduce fees for Dams inspected by another state agency under a memorandum of understanding with the Department.

(5) Aid in the inspection of a Dam and provide advice and assistance to prevent, mitigate, or respond to a potential or actual Dam Failure if there is a potential or actual risk of Dam Failure at a Dam regulated under a federal Dam safety program.

(6) Accept the reports of consulting Engineers, engineering geologists or other specialists employed by the Dam owner.

(7) Employ consulting Engineers, engineering geologists, or other specialists to make special examinations and inspections, and to prepare reports for the Department if the Department concludes that existing reports are insufficient. The cost of such special examinations, inspections, and reports shall be paid by the Department, or upon mutual agreement, may be divided between the Department and the Dam owner.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.446, 540.464, 540.488
WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020

Or. Admin. R. 690-020-0026 Fees

(1) The Department may charge a fee for examination of the site, plans and specifications, features, and other supporting information regarding construction of a new Dam or construction to modify Dam Height. The fee, as provided in ORS 540.449, must be paid prior to final design approval and may not exceed the lesser of the costs of providing the examination or the amounts provided in ORS 540.449(3).

(2) Dam owners subject to the Department’s laws governing Dam safety shall submit to the Department an annual fee based upon the Dam’s Hazard Rating as provided in ORS 536.050(2) to support the Dam Safety Program and administration expenses.

(a) Dam owners who fail to pay the annual fee on or before six months after the billing date may be required to pay a late fee as provided in ORS 536.050(2).

(b) If a Dam owner fails to pay the annual fee or late fee charged by the Department, the Department may, after giving the Dam owner notice by certified mail, place a lien on the real property where the Dam is located for the fees owed by the Dam owner.

(c) Multiple Dams directly adjacent to each other and connected together and separated only by Embankments or other manmade materials will be considered as one Dam for the purpose of determining annual fees.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 536.050, 540.449
WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020

Or. Admin. R. 690-020-0028 Preliminary Plans and Specifications for Construction of New Dams or to Increase Dam Height

(1) If a Dam requires a Water right, preliminary plans and specifications must be submitted to the Department at the time an application to appropriate Water is submitted to the Department pursuant to ORS 537. Preliminary plans and specifications are recommended for Dams that do not require a Water right.

(2) Preliminary plans and specifications must include the following at a minimum:

(a) A contour map of the reservoir site showing the proposed location of the Dam. The map should be no smaller than 11" X 17". The map must show the proposed location of the Spillway(s) and the Conduit inlet and outlet;

(b) Written description of the proposed Dam location both as Latitude/Longitude and Township/Range/Section;

(d) The proposed storage of the reservoir in Acre-feet; and

(e) A brief description of geologic conditions of the proposed site. Any geologic features that could impact the safety of the Dam should be clearly described.

(3) The preliminary plans and specifications must be submitted by an Engineer, or a certified engineering geologist that is registered in the State of Oregon and is also a Certified Water Rights Examiner.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 537.400
WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020

Or. Admin. R. 690-020-0035 Minimum Engineering Requirements for Final Design of New Dams or to Increase Dam Height

(1) Final documents must be submitted by the Engineer of Record prior to construction to build a new Dam or increase Dam Height as required in OAR 690-020-0080. Design reports may be completed by Engineers other than the Engineer of Record. If multiple reports are submitted, each must be stamped by the Engineer who prepared the report.

(2) Final documents shall include:

(a) A plan for construction administration as provided in OAR 690-020-0065;

(b) An operations and maintenance plan if required by OAR 690-020-0068;

(d) Final design drawings as provided in OAR 690-020-0055; and

(e) Final design reports.

(3) The final design report(s) must include the following elements:

(a) Site suitability evaluation as provided in OAR 690-020-0036;

(b) Hydrology and Inflow Design Flood as provided in OAR 690-020-0037;

(d) Spillway design as provided in OAR 690-020-0042;

(e) Design for penetrating Conduit(s) as provided in OAR 690-020-0043;

(f) Monitoring and instrumentation for determining whether a Dam is operating properly based on the Hazard Rating of the Dam as provided in OAR 690-020-0044; and

(g) A Dam Breach Inundation Analysis as provided in OAR 690-020-0120.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.488
WRD 4-2020, minor correction filed 12/14/2020, effective 12/14/2020
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15
WRD 7-2009, f. 12-7-09, cert. ef. 1-1-10
WRD 12-1994, f. & cert. ef. 11-7-94
WRD 12-1986, f. & ef. 10-3-86
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-020-0036 Design Requirements for New Dams or to Increase Dam Height: Site Suitability and Geotechnical Evaluation

The design to build a new Dam or to increase Dam Height shall characterize the soil and rock at and around the Dam site and shall include the following elements:

(1) A description of the general and local geology and geomorphology at and around the proposed Dam and reservoir site;

(a) Field investigation by a geotechnical Engineer or engineering geologist or both is required for Dams rated High Hazard. For Dams rated Significant Hazard, field investigation by a geotechnical engineer or engineering geologist or both is required where landslides, faults, dispersive soils, or liquefiable soils could reasonably be expected near or at the Dam site. All such features shall be shown on a map of the Dam site and be described as necessary for design of the Dam;

(b) For Dams on located on rock, a drawing must also contain mapping of discontinuities relevant to the safety of the Dam and include evaluation of whether grouting is required;

(2) A subsurface investigation to determine the distribution of relevant earth materials, which shall include borings or test pits; identification of springs, seeps, and groundwater encountered at the Dam site; and evaluation of the potential for landslides into the Dam or reservoir;

(a) All materials shall be logged by the Unified Soil Classification System; blow counts (for borings only); and include a description of samples taken for testing;

(b) Subsurface investigations for High Hazard Dams shall include drilling to a minimum depth of 1.5 times the Dam Height or at least ten feet into bedrock, whichever is less;

(3) An evaluation of soil and rock and the testing of relevant materials, which may include: proctor compaction testing from all borrow areas, estimation or testing the permeability of soils to be used in Dam construction, and an assessment for the presence of dispersive soils. There must be a sufficient number of tests to characterize the variability in each borrow area. In addition, an evaluation must contain the following information as applicable and as may be required by the State Engineer:

(a) An analysis of materials in the Foundation and proposed Embankment if materials are prone to liquefaction or significant settlement;

(b) Where suitable materials can be collected, strength tests shall be required for all High Hazard Dams, and may be required by the State Engineer for Significant Hazard Dams;

(c) Testing of dynamic soil properties may be required for High Hazard Dams in areas with large ground acceleration potential from earthquake loading, if soils have potential for significant strength loss upon seismic loading;

(4) Borrow area locations. Areas proposed for borrow shall be identified and shown on the drawings;

(5) Earthquake considerations. Seismic site characterization is required for High Hazard Dams, and may be required for Significant Hazard Dams. A seismic site characterization shall include earthquake sources, ground motion hazard, peak ground acceleration, and recommended ground motions (time histories); and

(6) Site preparation criteria. The site evaluation shall recommend a depth of stripping unsuitable materials, and also a minimum, and where necessary, maximum depth for the Cutoff Trench.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.488
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0037 Design Requirements for New Dams or to Increase Dam Height: Hydrology and Inflow Design Flood

The design to build a new Dam or to increase Dam Height shall characterize flow into and through the reservoir and the Dam and shall include the following elements:

(1) A topographic map delineating the drainage area contributing to the Dam, with the drainage area size labeled in square miles and showing the specific location of the proposed Dam;

(2) For Dams on stream channels, the name of the stream where the Dam is located, the name of the principal watershed, and a determination of average annual inflow into reservoir and potential to fill the reservoir;

(3) The Inflow Design Flood that is the basis of hydraulic design for the Dam shall be determined based on the Hazard Rating of the Dam as follows:

(a) The Inflow Design Flood for a High Hazard Dam is the Probable Maximum Flood (PMF) unless the Engineer of Record proposes to determine an Inflow Design Flood based on a quantitative analysis of risk to people;

(b) The minimum Inflow Design Flood for a Significant Hazard Dam is the 0.2 percent Annual Exceedance Probability Flow;

(d) The Inflow Design Flood for a lagoon or off channel reservoir is the maximum capacity of inflow pumps or ditches plus the maximum local storm precipitation over the lagoon; and

(e) For watersheds under 30 square miles, the Engineer of Record may consider just the 24-hour storm to help determine the PMF, while for larger basins the Engineer of Record shall utilize at least a 72-hour storm for calculating the PMF for a general storm;

(4) Designs shall include a description of all hydrologic parameters and the method used to determine the Inflow Design Flood hydrograph and the volume of the Inflow Design Flood, which is to be determined considering basin size and other factors as appropriate to the watershed above the Dam; and

(5) The design report must include the information used to develop the stage and storage capacity curve for the reservoir, including the capacity with and without excavation for construction.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.488
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0038 Design Requirements for New Dams or to Increase Dam Height: Embankment Dam Structures

Designs to build a new Dam or to increase Dam Height for Embankment (soil or rock) Dams shall include the following elements:

(1) A determination of Embankment stability and stable Embankment slope angles as follows:

(a) Embankment Dams shall be designed to have stable slopes during construction, and under all conditions of reservoir operation;

(b) Standard slopes of 3:1 upstream and 2:1 downstream may be used at the discretion of the Engineer of Record for Low and Significant Hazard Dams as long as low strength materials are not used in the Embankment and conditions leading to elevated pore Water pressures are not present;

(c) For High Hazard Dams, an analysis of static and seismic slope stability, and of deformation. The State Engineer may require static and seismic slope stability analysis for Significant Hazard Dams. At a minimum, seismic analysis shall be based on full reservoir under steady state seepage conditions. Factors of safety shall be evaluated by slope stability analyses using appropriate strength parameters based on laboratory or in situ testing. For materials that can be reasonably tested either on site or in a laboratory, soil strength values may not be based on assumptions and must be made on strength testing of the appropriate soil or rock units;

(d) High Hazard Dams shall be designed for the maximum credible earthquake. If the State Engineer requires seismic analysis of a Significant Hazard Dam, deformation analysis shall be designed for the 0.2 percent Annual Exceedance Probability earthquake; and

(e) Abrupt changes in depth of compressible Foundation material shall be identified and where present, the design shall prevent significant differential settlement;

(2) Analysis of seepage and leakage expected through the Dam and design of measures to prevent internal erosion and excess leakage as follows:

(a) Steady state seepage and internal drainage conditions beneath, around, and through the Dam shall be quantified for all High Hazard Dams, and may be required by the State Engineer for Significant Hazard Dams;

(b) A Core of low permeability material protected by a Soil Filter is required for all High Hazard Dams. A Core and Soil Filter is required for any Significant Hazard Dams where the Engineer of Record or State Engineer determines piping could potentially occur. All Core and filter zones must be of a configuration with dimensions that can be readily constructed;

(c) Internal drains and Soil Filters shall be used as needed to drain Water and prevent internal erosion of the Dam. Toe Drains shall be standard design practice for Water storage Dams, but not for most wastewater lagoons; and

(d) Internal drain pipes to collect and distribute seepage flows from internal filters and drains shall be comprised of material that is non-corrodible, designed to carry the overburden load, and be no smaller than six inches in diameter;

(3) A safe and accessible Crest as follows:

(a) The Crest shall be of sufficient width to be accessible by equipment and vehicles for emergency operations and maintenance, and shall have a road to allow Crest access during periods when the Spillway is flowing;

(b) The Crest shall have a camber sufficient to maintain the design Freeboard, based on the anticipated Crest settlement, and in no case shall the camber be less than 0.5 feet;

(c) Roads located on the Crest shall have appropriate surfacing to provide a stable base that resists rutting and provides adequate traction for access and safety in wet conditions; and

(d) The Crest shall have adequate cross slopes to prevent ponding;

(4) Measures to control wave and surface erosion as follows:

(a) For reservoirs large enough to generate significant waves, the design shall include a determination of minimum Freeboard based on expected waves. The design shall also include slope protection for wave action if significant waves are likely; and

(b) The downstream slope shall be provided with non-woody vegetative cover, or a gravel or rock surface, to prevent surface erosion.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.488
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0041 Design Requirements for New Dams or to Increase Dam Height: Concrete Dam Structures

Designs to build a new Dam or to increase Dam Height for concrete mass Dams must be prepared by a structural Engineer and a geotechnical Engineer or engineering geologist. This rule does not apply to concrete flashboard Dams. Designs for all other concrete Dams shall include the following elements as applicable:

(1) Concrete Dams shall be specified as gravity, arch, arch-gravity, or buttress. Gravity Dams can be of conventional mass concrete or roller compacted concrete;

(2) Dams shall be designed to be stable during construction and under all conditions of reservoir operation;

(a) Headwater and tailwater elevations pertinent to the design shall be described with respect to both static and dynamic loading;

(b) Uplift pressure distributions assumed for design shall be provided; and

(c) When Foundation drains are used to reduce uplift, the assumed drain efficiency shall be indicated and permanent access shall be provided at the project to inspect and maintain the drains;

(3) Sliding stability shall be evaluated at lift joint surfaces, at the Dam Foundation interface, and at discontinuities in the Foundation materials beneath the Dam and Abutments;

(a) Factors of safety shall be based on limit equilibrium methods;

(b) For earthquake loadings, a permanent sliding displacement may be determined in lieu of a sliding factor of safety; and

(4) Seismic stability analysis may be required for Concrete Dams and if required shall demonstrate the Dam can withstand the design earthquake without loss of life or damage to property or public infrastructure;

(a) High Hazard Dams shall be designed for the maximum credible earthquake based on current information from the US Geological Survey or a site specific seismic evaluation. A dynamic stress analysis that considers the dynamic characteristics of the Dam and the ground motions of the design earthquake shall be provided for High Hazard Dams; and

(b) Where the State Engineer requires seismic analysis on Significant Hazard Dams, they shall be designed for the 0.2 percent Annual Probability of Exceedance earthquake. The Department may require a dynamic stress analysis for Significant Hazard Dams;

(5) When Foundation grouting is needed, the design for the grout curtain and consolidation grouting of the Foundation shall be described;

(6) Any property essential for the structural design of the concrete shall be included in the design documents. These may include, but are not limited to, compressive strength (at 28 days and one year), modulus of elasticity, Poison’s ratio, shear strength, tensile strength, volume change during drying, thermal coefficient of expansion, specific heat, thermal conductivity, permeability and durability;

(a) As a minimum for static loadings, the assumed compressive and shear strengths for the parent concrete, lift joint surfaces, and the Dam Foundation contact shall be provided;

(b) In addition, tensile strength assumptions for the aforementioned regions for dynamic loadings (seismic) shall also be provided; and

(c) Air entraining agents shall be provided in the concrete mix to provide freeze-thaw protection and to improve the workability of lean mass concrete mixes. The quantity of air entrained in mass concrete shall be in the order of five percent;

(7) Mix design and construction methods used to minimize cracking due to temperature gradients between interior regions subject to heat of hydration effects and surfaces exposed to ambient temperatures shall be specified. Treatment of lift joint surfaces to achieve desired shear and tensile strengths shall be indicated. Treatment of contraction joints to prevent leakage or to transfer load between adjacent monoliths shall be described;

(8) When reinforcing steel is used, the strength properties of the reinforcement shall be provided and contract drawings shall clearly indicate the size, location, spacing, and cover requirements; and

(9) The minimum Crest width must be 15 feet unless otherwise approved. The Crest and appurtenant structures shall be accessible by equipment and vehicles for emergency operations and maintenance.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.488
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0042 Minimum Design Requirements for New Dams or to Increase Dam Height: Spillways

(1) Dams on stream channels and all High Hazard Rated Dams must have a Spillway.

(2) Spillway(s) design to build a new Dam or to increase Dam Height shall include the following minimum elements:

(a) Utilization of Inflow Design Flood. Determination of Inflow Design Flood as described in OAR 690-020-0037 is required to determine the required Spillway capacity;

(b) Hydraulic evaluation of flow through control section. Flood flow through the control section must be calculated and the minimum Freeboard at the Inflow Design Flood must be one foot for High Hazard Dams and two feet for Significant and Low Hazard Dams;

(c) Optional low elevation Spillway. An interior Spillway connected to the low level Conduit may be used for Low and Significant Hazard Dams, and for High Hazard Dams only with specific approval by the State Engineer. The capacity of the low elevation Spillway may be considered in design of the overflow Spillway;

(d) Stable Spillway control section. The Spillway control section must be hydraulically and structurally stable for the Inflow Design Flood and have permanent features so that the control section is identifiable for re-measurement of cross section during routine inspections;

(e) Spillway channel stability. Spillways shall be designed to be structurally adequate and stable under all conditions of reservoir operation. Spillway structures of High Hazard Dams shall be designed for earthquake ground motions per OAR 690-020-0036;

(f) Reinforced concrete specifications for spillways. Structural elements of reinforced concrete shall be designed for both strength and serviceability. The 28 day strength of structural concrete shall be provided. The strength properties of the reinforcing materials shall also be provided and contract drawings shall clearly indicate the size, location, spacing, and cover requirements. Treatment of construction joints and contraction/expansion joints shall be described and special provisions for strength transfer and leakage prevention identified. Air entrainment shall be provided in cast-in-place concrete if needed for freeze-thaw protection, durability, and workability;

(g) Debris booms. For High and Significant Hazard Dams, debris or log booms may be required. Where required, they shall be designed for the Spillway approach where logs and other debris may block or damage the Spillway structure. The design shall specify the necessary anchor capacity, and the design of the anchors;

(h) Gates and Flashboards. Detailed drawings and specifications are required for Spillway Gate structures or flashboards, if present on the proposed Dam. Operations and maintenance plans are required for any Dam with a Gated Spillway, or where flashboards or stop-logs are used in the Spillway as per OAR 690-020-0068; and

(i) Energy dissipation. The design of stilling basins for High Hazard Dams, and where required by the State Engineer for Significant Hazard Dams, shall be based on calculated hydraulic forces and designed to dissipate energy and minimize scour and erosion from the Inflow Design Flood.

(3) Low and Significant Hazard Dams constructed off channel are not required to have a Spillway, if redundant mechanisms to prevent overfilling are included in the design.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.488
WRD 5-2020, minor correction filed 12/14/2020, effective 12/14/2020
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0043 Design Requirements for New Dams or to Increase Dam Height: Penetrating Conduit(s) and Control of Flow through Conduits

New Dams on stream channels must have a low level Conduit. All other new Dams and Dams with increases to Dam Height must have a low level Conduit or other means to safely drain the reservoir. The Conduit and related control structures must be designed to meet the following criteria:

(1) Ability to lower the reservoir. The minimum diameter of the Conduit should be determined through analysis of the time required to drain the Dam at average annual inflow;

(a) The Conduits for High Hazard Dams shall be capable of releasing the amount of Water which could be stored in the top five feet of the reservoir in five days;

(b) The Conduits for Significant and Low Hazard Dams must be able to release the amount of Water which could be stored in the top five feet of the reservoir in ten days;

(d) In no case shall Conduits be smaller than eight inches in diameter;

(2) Durable and water-tight Conduits. Conduits must be made of medium to heavy gage durable materials. Pipe joints must be designed to seal and prevent leakage. Corrugated metal culverts are only acceptable for Low Hazard Dams, and only when the Conduits are encased in concrete. Encasement of Conduits in concrete may be used to assist in the design of a durable Conduit and to reduce the potential for seepage and erosion adjacent to the Conduit;

(a) Diaphragms using materials designed as an effective Soil Filter are required for any Conduits not designed as encased in concrete, and are required regardless of encasement for all High Hazard Dams;

(b) Seepage collars may not be used;

(3) Control Mechanisms. The design for the control mechanism must be sturdy and durable. The control mechanism must allow for air venting when needed, and allow manual operation to drain the reservoir if hydraulic or other power controls are inoperable. Hydraulic or other power controls must have redundancy if control relies on any submerged hydraulic or pneumatic hoses or electrical conduits. Intake structures for outlet works must have trash racks unless the Engineer of Record shows trash racks are unnecessary, or not safe to construct due to conditions at the Dam site. For High and Significant Hazard Dams, measures to prevent unauthorized use of the control mechanism must be included in this design;

(4) Outlet structure. The outlet structure must not be submerged when the inlet control Gate or Valve is fully closed. The outlet structure must be designed to protect the Conduit from mechanical damage and convey Water to the stream channel without channel erosion and cavitation near the Gate structure; and

(5) Pressurized operation. Conduits must be specified as suitable for pressurized operation if they are to be operated with controls other than at the inlet of the Conduit. Dams with Pressurized Conduits shall have a guard Gate installed at the upstream end of the Conduit. Operations and maintenance plans are required for any Dam designed for pressurized operation as per OAR 690-020-0068.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.488
WRD 6-2020, minor correction filed 12/14/2020, effective 12/14/2020
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0044 Design Requirements for New Dams or to Increase Dam Height: Instrumentation for Monitoring

Designs must include methods for determining if the Dam is operating properly based on the Hazard Rating of the Dam, and include:

(1) A plan to share monitoring data with the Department;

(2) Staff gage near controls for the Conduit or where they can be easily seen by the Dam owner or operator. The staff gage shall be clearly marked in feet and tenths of feet, and extend to within one foot of the Crest. Markings and numbers on the gage rod shall be of sufficient size to be easily readable from the Crest;

(3) Multiple and easily accessible outlets of all Toe Drains. Toe Drains shall be designed to discharge into locations where flows can be evaluated and monitored. Multiple discharge points are required in order to isolate seepage to various sections of the Dam and Foundation. Discharge points must be located where routine Dam maintenance is not likely to damage the drains;

(a) For High Hazard Dams, drains must have a measuring weir or other device, and a basin for settling drainage Water so that internal erosion can be identified;

(b) Where drainage galleries are provided for concrete Dams, seepage measuring devices should be provided and accessible for making the necessary readings;

(4) Unique Identification. All instrumentation and exterior drains shall be labeled with a unique identifying marker designed for durability and to withstand maintenance activities; and

(5) All High Hazard and, when required by the Engineer of Record or State Engineer, Significant Hazard Dams shall have the following instrumentation:

(a) Monuments that allow measurement of the horizontal and vertical movements of the Dam. Control or benchmark monuments shall be placed in areas not subject to movement;

(b) Piezometers to allow monitoring of the phreatic surface within the Dam or for concrete Dams, to determine uplift pressures. Standpipe piezometers must be installed pursuant to monitoring well standards per OAR 690-240-0525;

(c) Instrumentation to measure strong ground motions for publically owned Dams in locations where the peak ground acceleration in the 0.2 percent Annual Probability of Exceedance earthquake is greater than 0.3g at the ground surface.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.488
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0047 Design Requirements for New Dams or to Increase Dam Height: Geosynthetics

Geosynthetics shall not be used as the sole element employed to perform a Dam safety function. Redundant design features are required whenever geosynthetics are used for Dam safety functions.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.488
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0048 Exceptions to Standard Design Requirements

Exceptions to design standards may only be obtained with written approval from the State Engineer. Where the Engineer of Record requests design exceptions, the request must be in writing, be affixed with the Engineer of Record professional stamp, and include a report describing why design standards are inapplicable to the safety of the Dam.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.488
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0055 Design Requirements for New Dams or to Increase Dam Height: Design Drawings

The Engineer of Record shall submit applicable drawings when the Engineer believes the design is ready for review and approval by the State Engineer.

(1) Drawings must accurately portray the work to be accomplished and be of sufficient detail to clearly define all features of the project. After all changes required by the State Engineer are made, final design drawings must be neatly and accurately drawn to a scale sufficiently large for the drawings to be readily interpreted.

(2) Drawings must be uncluttered and easy to understand for determination of design compliance by the contractor, the Engineer of Record, and the State Engineer.

(3) Drawings must be no larger than 24" X 36". Other acceptable sizes for drawings are 17" X 22" and 22" X 34". All drawings must have a graphic scale bar so that scale can be determined after enlargement or reduction. Each sheet shall be numbered sequentially with the first sheet being sheet number one along with the total number of sheets; e.g., 1 of 6.

(4) Drawings shall include the following information:

(a) An official Dam name, which must not have already been used for a Dam as indicated in the Oregon Dam Safety Database. This unique name must be affixed on each drawing;

(b) The first drawing must include a location map with the drainage basin, the Dam and reservoir, streams within the drainage area, and the location of the nearest access highway. This drawing must include legal location of the Dam including Section, Township and Range, and the location of the survey reference point with latitude, longitude, elevation, and datum elevation in NAVD1988;

(c) A contour map of the reservoir site showing the legal location of the Dam with a contour interval no greater than five feet. A plan of the Dam should be superimposed on this map. If scale permits, this drawing should show the location of the Spillway(s), Conduit inlet and outlet, and the location, distance and direction to a government land corner or other permanent survey marker;

(d) An area capacity curve showing the total capacity to the Crest, with the Spillway invert elevation identified. Surface area and storage capacity curves must be in acres and Acre-feet, respectively;

(e) A profile of the Dam site at the center of the Dam;

(f) A cross section of the Dam at maximum section;

(g) Plan view(s) of Dam at maximum section, and other sections as needed;

(h) Cross section(s) of Dam, including the maximum section with the official Dam Height;

(i) Spillway details, Spillway approach control discharge, and energy dissipation;

(j) Low level Conduit details, including diameter, material, encasement; and

(k) Slide Gate or Valve details including the trash rack, control stem, pedestal and wheel, or other control details, and air vent.

(5) Elevations must be clearly labeled on applicable drawings and include the:

(a) Base of Dam and official Dam Height;

(b) Crest;

(d) Base of Spillway discharge; and

(e) Invert of the Conduit at both the inlet and outlet.

(6) All drawings must be dated and have sufficient space for State Engineer’s approval stamp, at least 3" x 3" near the lower right hand corner of the drawing.

(7) Drawings must be designated as final design drawings or As-built Drawings.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.488
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0060 Design Requirements for New Dams or to Increase Dam Height: Construction Specifications

All drawings for Dams must be accompanied by construction and material specifications that include the following:

(1) Construction conditions. Specifications must include the construction period based on typical weather and stream conditions for that location and if applicable, may include a process for the Engineer of Record to modify the construction period;

(2) Clearing of the Dam site and reservoir. Specifications must include the area to be submerged by the new or enlarged reservoir and specify that the submerged area shall be cleared of logs and debris prior to filling the reservoir. The specifications must require that the footprint of the Dam shall be cleared of all soils containing organic materials, and that this material may not be used for Dam construction;

(3) Cutoff Trench requirements. Specifications must include the minimum trench depth, width at base of the trench, and maximum side slope steepness. These specifications shall be based on the subsurface investigations and direct that the Cutoff Trench may not be filled if it contains standing Water. Specifications must also include a requirement not to begin filling the Cutoff Trench until approved by Engineer of Record, and where specified, approved by the Department;

(4) Material specification standards. The specifications shall include material and testing specifications for Dam materials, Conduits, control structures, and other appurtenant structures, using an ASTM standard methodology if available;

(5) Soil Compaction. The typical compaction specification is 95 percent of standard proctor density, though the Engineer of Record may use a different compaction standard. Specifications shall include the types of acceptable compaction equipment, by material source if necessary. Specifications shall also include maximum lift thickness. Specifications shall prohibit soil compaction dry of optimum moisture content to reduce potential for leakage around the Conduit. For materials placed immediately above or adjacent to the Conduit, specifications must also include verification testing of soils, with representative samples selected for testing as directed by the Engineer of Record. Specifications must also require verification of testing of soil compaction, with representative samples selected for testing by the Engineer of Record, or Engineer's representative;

(6) Concrete placement. Specifications shall include means to prevent separation of aggregate and cement, air entrainment requirements if needed, methods for placement and vibration of concrete, required minimum 28 day strength, slump, moisture and temperature requirements for curing. Alkali reactive aggregate shall not be used in the concrete;

(7) Conduit specifications. Specifications must include the material, diameter, and thickness of the Conduit, and the length of Conduit required for the project. Methods for sealing joints must be specific. Specifications must require that all materials from a manufacturer are certified to meet this test, or that the Engineer of Record has tested the materials directly;

(8) Accepting and Rejecting Materials. Specifications must include tolerances for acceptable departure from material specifications and a process for rejection of defective materials or workmanship;

(9) Notification by the Engineer of Record to the State Engineer of changed conditions critical to the safety or operations of the Dam. Specifications shall include State Engineer notification if previously unidentified springs, slope movement or sand lenses are identified, or if storm or other damage occurs during construction;

(10) The Engineer of Record or their qualified employees must supervise construction as needed to assure compliance with the approved construction plans and specifications; and

(11) The specifications must also contain a provision to the effect that plans or specifications shall not be altered or changed without the written approval of the State Engineer.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.488
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0065 Plan Requirements for New Dams or to Increase Dam Height: Construction Administration

The Engineer of Record shall submit plans for administering the construction of the Dam to the State Engineer for approval. Construction plans must include the following:

(1) A provision stating that the Engineer of Record or an employee working for the Engineer of Record shall be on-site as needed for instructions to the contractor, approval of initial excavation, acceptance of materials, and general project administration;

(2) A provision stating that the Dam owner shall cease construction activity if the Engineer of Record is no longer retained or for any reason cannot complete necessary construction administration activities. Construction may resume when a new Engineer of Record is employed, the State Engineer has been notified of the new Engineer of Record, and both Engineers have discussed the project;

(3) A provision stating that the Engineer of Record will observe the Dam during construction as needed to determine if construction is consistent with approved design and construction documents. This provision shall also include a description of how the Engineer of Record will determine if construction work in progress fails to conform to the approved plans and specifications, and that such nonconforming work will be corrected;

(4) A provision stating that the Engineer of Record shall confirm Foundation design assumptions once surface materials have been stripped and the Cutoff Trench excavated. Changes in actual Foundation conditions from assumptions made in the initial site evaluation shall be communicated to the State Engineer;

(5) A provision in which the Engineer of Record shall maintain a record of construction that shall include:

(a) Logs of construction inspections whenever such inspections are made by the Engineer of Record or the Engineer of Record’s employee;

(b) All test results pertaining to construction;

(d) Construction problems and remedies.

(6) A provision stating that the Engineer of Record shall complete and stamp As-built Drawings and a final construction report, including statements that the observations are either consistent or inconsistent with the design drawings and specifications. If key elements of construction were not observed, the construction report shall detail those specific elements that were not observed.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.488
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0068 Plan Requirements for New Dams or to Increase Dam Height: Operations and Maintenance Plan

(1) The Engineer of Record shall include an operations and maintenance plan with the submittals for building a new Dam or increasing Dam Height for:

(a) Any Dam rated Significant or High Hazard; and

(b) Any Low Hazard Dam with:

(A) A Gate or flashboard as part of the Spillway; or

(B) A Valve on a Conduit that is not on the upstream side of the Dam.

(2) The Department may review implementation of the operations and maintenance plan during Dam safety inspections.

(3) Operations and maintenance plans shall include, but are not limited to:

(a) Directions for filling and emptying the reservoir when needed;

(b) Frequency of inspection of the interior of Conduits, including qualifications and guidance for Persons conducting and reporting on this inspection;

(d) Specified minimum frequency for cycling and lubrication of all Gates and Valves;

(e) Standards for removal of trees and brush, and mowing other vegetation; including the frequency for the Dam owner to monitor vegetation and to take action to control brush if it obscures any face of the Dam, the Conduit, or the Spillway;

(f) Frequency of routine Dam observations, including identification of changes in seepage and maximum permissible Dam deformations;

(g) A Water release plan in the event of a flood forecast when reservoir is above the maximum safe operating level established by the Engineer of Record;

(h) The measurement frequency for all monitoring instrumentation installed at the Dam; and

(i) Review and evaluation of conditions of the Dam as necessary to keep the Dam in good repair and properly maintained, including actions identified in OAR 690-020-0250.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.488
WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020

Or. Admin. R. 690-020-0070 New Dams or to Increase Dam Height: Submittals and Notifications by the Engineer of Record

(1) The Engineer of Record must include an inundation analysis that complies with OAR 690-020-0120 prior to submitting the design report, plans and specifications and other documents, so that the Department can determine the Hazard Rating of the Dam.

(2) All final designs, drawings and specifications submitted to the State Engineer for approval must be prepared and stamped by an Engineer. The first page of the drawings, the specifications, and the construction administration plan must be stamped by the Engineer of Record. All submitted materials must be addressed directly to the State Engineer and labeled as a Dam safety submission.

(3) Final drawings shall be submitted on full size paper. The design reports and specifications must be submitted as packaged 8.5" x 11" bound documents, with maps folded within.

(4) For High Hazard Dams, the final Emergency Action Plan and any additional inundation analysis required for the EAP as described in OAR 690-020-0400 must be submitted by the Dam owner, or the Engineer of Record on behalf of the Dam owner, prior to commencing construction.

(5) A schedule of construction shall be provided to the State Engineer prior to initiating construction of any Significant or High Hazard Dam.

(6) The Engineer of Record shall notify the State Engineer to allow for Department inspection of the excavation prior to completion of the Cutoff Trench and all stripping of Foundation and Embankments. The required notice to the State Engineer is as follows:

(a) 48-hours for a Low Hazard Dam;

(b) 120-hours for a Significant Hazard Dam; and

(7) Any changes made to the designed location, Height or width of the Dam, or to materials used in Dam construction shall be reported in writing immediately to the State Engineer.

(8) Any slope instability observed during construction in the Embankment or adjacent to the Dam or into reservoir, shall immediately be reported to the State Engineer by phone.

(9) The Engineer of Record must immediately notify the State Engineer if they are no longer the Engineer of Record. The notification shall be by phone and in writing.

(10) The Engineer of Record must submit a project completion report upon completion of the Dam. A project completion report must include the following:

(a) As-built Drawings. If possible, As-built Drawings shall be on the same sheet as the initial design drawings;

(b) Sufficient information to document that the Dam has been built according to the drawings with changes to improve safety as documented in the As-built Drawings, or that critical safety functions are unknown;

(c) A list of the dates the Engineer of Record was on site, the number and location of material tests, and observations of all changed conditions;

(d) Material testing results (compaction, strength, permeability);

(e) Observations and decisions made and communicated to the contractor or Dam owner;

(f) Photographs of key stages of construction, including, but not limited to, photographs of the Cutoff Trench, borrow pit development, trenching and placement of the Conduit, the Spillway before and after placement of concrete; and

(g) The signed professional stamp of the Engineer of Record.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.488
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0080 New Dams, or to Increase Dam Height, Written Approval by State Engineer

(1) No person shall build a new Dam or increase Dam Height unless the State Engineer has reviewed all necessary reports, drawings, plans and other information as submitted by the Engineer of Record and has approved those documents as indicated in written communication with the Engineer of Record.

(2) Prior to commencing construction activity, the Engineer of Record shall verify that all necessary documents related to the final design as identified in OAR 690-020-0035 are approved as indicated by the State Engineer’s stamp on those documents.

(3) The State Engineer’s approval of design plans and specifications shall be valid only for five years from the date of approval. Upon request, written requests for time extensions may be granted in writing by the State Engineer.

(4) No newly constructed Dam or Dam that has had Height modified may store Water until final written acceptance of a satisfactory project completion report has been submitted to and accepted by the Department.

(5) The Department shall notify the Engineer of Record and Dam owner in writing when the final project completion report has been received and accepted by the Department.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.488
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0100 Hazard Rating of Dams

(1) The Department shall assign all Dams a Hazard Rating of High, Significant, or Low.

(2) A High Hazard Rating will be based on the Dam breach inundation analysis as described in OAR 690-020-0120 using the following criteria to determine expected loss of life:

(a) An inundation depth of flowing Water of at least two feet over the finished floors of dwellings, other frequently occupied buildings, or road surfaces where a vehicle is likely to be present is likely to result in loss of life. The Department may also consider Water velocity in its determination of inundation depth establishing a High Hazard Rating;

(b) An incremental increase of depth of flowing Water of one foot where recreational or other frequent use occurs downstream is likely to result in loss of life. The Department will also use Water velocity in its determination of inundation depth establishing a High Hazard Rating.

(3) A Significant Hazard Rating will be based on the Dam breach inundation analysis as described in OAR 690-020-0120, using depth and velocity of the flowing Water at affected structures, public infrastructure, and other properties which shows likely damage to property and infrastructure but no loss of life.

(4) Any Dam subject to regulation under these rules that is not rated as High or Significant by the Department will be rated as Low Hazard .

(5) The Hazard Rating of a Dam shall remain in effect until the rating is revised by the Department. The Department may conduct Hazard Rating reviews and dam breach inundation analyses as evidence indicates the impacts to people, property, or infrastructure may have changed since the Hazard Rating was first set. The Dam owner will be notified of the change and have an opportunity to meet with the Department and obtain records of the Department's analyses.

(6) A Dam owner may request that the Department consider revision of a Hazard Rating. The owner may have an Engineer prepare and submit a Dam breach inundation analysis, in support of this request.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.443, 540.488
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0120 Dam Breach Inundation Analysis

(1) A Dam breach inundation analysis will be conducted as specified in this section to determine or revise the Hazard Rating of a Dam.

(2) Any simplified and conservative hydraulic model may be used for the Dam breach inundation analysis to show that a Dam should be rated Low Hazard. The State Engineer may determine if the model was used appropriately and conservatively.

(3) An accepted and hydraulically consistent computational model must be used to conduct the inundation analysis for Significant and High Hazard Dams.

(4) A report summarizing the model information and results must be stamped by the Engineer. The summary report shall contain sufficient information to reproduce the model and shall include at a minimum the following information:

(a) The specific proprietary model name or method used for the analysis;

(b) Details regarding the model geometry;

(d) A list of Dam breach parameters and any assumptions made in the selection of the breach parameters. The breach parameters must be based on Dam material and thickness and any other factors that would influence the time it would take for the Dam to breach from internal erosion, overtopping, or displacement;

(e) A list of all boundary and initial conditions and any assumptions in the selection of these conditions. For High and Significant Hazard Dams, the analysis must be conducted with reservoir at full pool and inflow equal to the 0.2% Annual Exceedance Probability Flood flow;

(f) A map indicating the inundation boundary, areas inundated by a depth greater than two feet, and all frequently occupied structures that fall within or are immediately adjacent to the inundation boundary;

(g) The breach flow as calculated by the model immediately downstream of the Dam. If an empirical formula was used as the basis for determining breach flow, the formula and all inputs must be clearly stated; and

(h) A sensitivity analysis evaluating the variability in model inputs may be required when the Dam breach inundation analysis results indicate the Hazard Rating is on the border between two ratings.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.443, 540.488
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0140 Modification of Dams

(1) No person shall make Modifications to a Dam unless the State Engineer has reviewed all required documents as described in this section and has approved those documents as indicated in written communication with the Engineer of Record or Dam owner.

(2) The following Dam Modifications require State Engineer approval of plans:

(a) Changes to or near the Spillway that may affect Spillway capacity or ability to pass flows safely;

(b) Placing, replacing, or relining any Conduit within the Dam;

(d) Installation of a new Valve on the downstream side of the low level Conduit;

(e) Correction of damage where that damage has impacted the safe functioning of the Dam;

(f) Any activity where 10 percent or more of the fill material in the Dam is disturbed; or

(g) Any other change to the Dam that results in a Modification as defined in OAR 690-020-0022(28).

(3) Dam Modification plans shall include all details of the area of the Dam being modified. Specific modification plan requirements include, but are not limited to:

(a) For major Spillway damage or alteration, plans need to address passage of the required Inflow Design Flood based on the Hazard Rating of the Dam, with the same criteria as required for new Dams in OAR 690-020-0037;

(b) For stabilization of slope movement, plans require slope stability analysis and appropriate corrective measures;

(c) For replacement of Conduits or installation of a Valve on the downstream side of a Dam, plans require an analysis of internal erosion potential;

(d) For internal erosion, plans must address construction of a filter zone; and

(e) Items required by the State Engineer pursuant to subsection (4).

(4) The Dam owner shall provide sufficient notice to the Department to allow for adequate time for discussion of the proposed Modifications and the necessary design requirements.

(5) The State Engineer will determine the design and submittal requirements. Submittal requirements and Department reviews may be expedited in the event of emergency or unanticipated weather-related situations.

(6) Water is not to be stored in the reservoir during modification. The Engineer of Record may propose maintaining some Water in storage during Dam Modification or modifying Dam Height if it is demonstrated that it can be done in a manner that protects life, property, and infrastructure. The Department will review submitted materials for the proposed construction actions. The Department may consider the scope of the project, including how the proposed construction actions will maintain safe Water levels through the duration of construction.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.443, 540.449, 540.488
WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020

Or. Admin. R. 690-020-0160 Removal

(1) Dam owner(s) seeking Removal of any Dam with a High or Significant Hazard Rating must notify the Department.

(2) Dam owner(s) shall provide the Department with a Removal plan for evaluation prior to removing the Dam. Plans must be submitted a minimum of 60 days in advance of Removal to allow reasonable time to evaluate the Removal plan, unless the Department agrees to a different timeframe.

(3) A Removal plan must include:

(a) Descriptions and assumptions for the Removal of the Dam;

(b) A description of the means for Removal of the Dam to prevent future impoundment and a method of draining the reservoir in a controlled manner prior to the start of the Removal;

(d) A plan for disposal and stabilization of Dam material; and

(e) A drawing showing the planned Removal location, breach dimensions including side slopes, and lowest elevation of the breach. The Removal plan must show that there will sufficient material removed and left at slopes that will allow no breach flood by erosion of remaining materials.

(4) The Department may evaluate the Removal plan to ensure the plan includes appropriate safety precautions to protect life, property, and public infrastructure from temporary inundation in the area below the Dam during Dam Removal.

(5) The Department may require changes to the Removal plan or require that the work performed under the plan be supervised by an Engineer as necessary to protect life, property, or public infrastructure from temporary inundation during Dam Removal. If the Department requires changes to the Removal plan or requires that work be supervised by an Engineer, the Department shall notify the Dam owner and provide an opportunity to meet with the Department.

(6) Upon completion of the Dam Removal, the owner shall notify the Department. The Department shall make a final inspection, if appropriate, and remove it from Department Dam safety oversight.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.452, 540.488
WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020

Or. Admin. R. 690-020-0180 Requirement of Owners to Provide Contact and Transfer of Title Information

(1) A Dam owner shall:

(a) Provide the Department with contact information for:

(A) The Dam owner;

(B) The operator of the Dam, if other than the owner; and

(b) Provide the contact information in an Emergency Action Plan developed pursuant to OAR 690-020-0400, or in writing if no Emergency Action Plan exists.

(c) Notify the Department in writing of any changes in the contact information, as soon as practicable and without unreasonable delay.

(2) A Dam owner shall notify the Department in writing after completing a transfer of title for a Dam, as soon as practicable.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.479, 540.488
WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020

Or. Admin. R. 690-020-0250 Maintenance of Dams

(1) The Dam owner shall review and evaluate conditions of the Dam as necessary to keep the Dam in good repair and properly maintained, and address any detected conditions that may pose a risk of Dam Failure.

(2) Proper maintenance includes, but is not limited to:

(a) Removing brush and trees from the Dam;

(b) Control of burrowing animals, especially nutria near the Dam or reservoir, including filling deep burrows;

(d) Adding or moving fill to restore Crest Height and width;

(e) Clearance of soil, rock, vegetation and debris from the Spillway;

(f) Proper cycling and lubrication of Valves and Gates at least once a year, unless otherwise specified in a maintenance and operations plan approved by the Department;

(g) Patching, sealing, or replacing areas of cracked concrete on the Dam;

(h) Removing debris, rock, or earth from the inlet and outlet of penetrating Conduits and drains;

(i) Repair or replacement of worn or damaged parts of Gates or Valves;

(j) Ensuring access to the Dam is sufficient for inspection, repair and emergency actions, and that unauthorized access is controlled;

(k) Securing operating equipment such as Valve controls and Spillway controls;

(l) Evaluation of the Conduit and taking necessary actions to ensure the Conduit is not compromised, including patching pipes with minor corrosion; and

(m) Addressing other conditions that might affect the safety of the Dam, including Maintenance Actions identified by the Department in an inspection document.

(3) Records necessary to track the conditions of the Dam should be maintained.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.455, 540.479, 540.488
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0260 Inspection of Dams

(1) The Department, or representatives of the Department, may inspect a Dam and the site, plans and specifications, features and other supporting information regarding the construction, maintenance and operation of a Dam.

(2) The Department will maintain a Dam inspection schedule based on the Hazard Rating of the Dam:

(a) High Hazard Dams are scheduled for inspection annually,

(b) Significant Hazard Dams are scheduled for inspection every three years, and

(3) Notwithstanding subsection (2), the Department may determine that a different inspection schedule is appropriate. The Department may consider staff resources and Dam risks or condition in determining that a different inspection schedule is appropriate.

(4) The Department shall provide the Dam owner with an inspection document describing the general condition of the Dam and specific Maintenance Actions recommended by the Department.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.455, 540.467, 540.479
WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020

Or. Admin. R. 690-020-0310 Requirement to Address Maintenance Actions Need for High or Significant Hazard Dams

(1) If, as a result of an inspection of a Dam that is rated High or Significant Hazard, the Department concludes that Maintenance Actions are needed, the Department shall use the process contained in this section as outlined below.

(2) Upon inspection of a Dam that is rated High or Significant Hazard, the Department shall provide specific written notice in the inspection document, describing the observed condition of the Dam and informing the Dam owner of needed Maintenance Actions. The notice in the inspection document shall inform the Dam owner of the opportunity to meet with the Department concerning the information provided in the inspection document.

(a) Upon request of the Dam owner, the Department may provide more specific information regarding the inspection and the maintenance needs of the Dam.

(b) The Department may evaluate whether Maintenance Actions were completed during the next scheduled inspection of the Dam or sooner, pursuant to OAR 690-020-0260(3).

(3) If, upon inspection of the Dam, the Department determines that the Dam owner has failed to take the necessary Maintenance Actions as identified in the notice of a prior inspection document, the Director may proceed to issue a proposed final order as provided in OAR 690-020-0460 or the Department and the Dam owner may enter into a stipulated corrective plan that provides dates certain by which necessary Maintenance Actions are performed.

(4) A proposed final order may include, but is not limited to, provisions:

(a) Requiring performance of the needed Maintenance Actions identified in the inspection document notice by a date certain as specified by the Department;

(b) An assessment of civil penalties consistent with OAR 690-020-0600.

(5) At any time subsequent to receipt of a proposed final order, the Dam owner may enter into a stipulated corrective plan to resolve the matters asserted in the proposed final order as provided in ORS 183.417.

(6) If the Dam owner performs needed Maintenance Actions to the satisfaction of the Department and consistent with the proposed final order or stipulated corrective plan, the Director may not assess or pursue civil penalties for the matters identified in the proposed final order or stipulated corrective plan.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.455, 540.467, 540.488
WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020

Or. Admin. R. 690-020-0340 Potentially Unsafe or Unsafe Conditions

(1) The following conditions may result in the Department concluding that a Dam is Potentially Unsafe:

(a) Embankment materials highly vulnerable to internal erosion;

(b) Highly variable and increasing rates of seepage that may lead to internal erosion;

(d) For Dams in high seismic zones, a layer of liquefiable material in the Dam or its Foundation;

(e) Evidence of prior large rapidly moving landslides identified above the Dam, increasing the risk of Dam Failure from floods and earthquakes;

(f) Spillways are unable to pass the Inflow Design Flood as stated in OAR 690-020-0037 or Probable Maximum Flood;

(g) Issues on the Spillway invert that could lead to rapid loss of Spillway integrity during a flood; or

(h) Any other condition that meets the definition of Potentially Unsafe.

(2) The following conditions may result in the Department concluding that a Dam is Unsafe:

(a) A reduction in Spillway capacity;

(b) Movement of the Dam over a short period of time;

(d) Wave erosion narrowing the Crest;

(e) Internal erosion with limited movement of Embankment material;

(f) Seepage level rising on the downstream face of the Dam;

(g) Landslide or other deformation on the Dam;

(h) Rapid erosion of the Spillway;

(i) Significant loss of mass of a concrete Dam;

(j) Concrete Spillway with large voids or openings through the slab;

(k) Conduit deteriorated to where Conduit collapse is reasonably possible;

(l) A Pressurized Conduit with holes in the pipe;

(m) Flashboards in place during high runoff season;

(n) Animal burrows penetrating deep into the Dam;

(o) Large trees growing near the Crest;

(p) Building a new Dam or increasing Dam Height without examination and written approval by the State Engineer of site plans, specification, and other supporting information for that Dam; or

(q) Any other condition that meets the definition of Unsafe.

(3) Notification of Potentially Unsafe or Unsafe Conditions. If, as a result of an inspection or analysis of a Dam that has a High or Significant Hazard Rating the Department concludes that corrective action is necessary to address a condition allegedly rendering the Dam Unsafe or Potentially Unsafe, the Department shall provide written notification to the Dam owner by registered or certified mail with return receipt requested, sent to the address of record on file with the Department, as per OAR 690-020-0180, for the Dam owner.

(a) The written notification shall include at least the following:

(A) An explanation of why the inspection or analysis of information and conditions causes the Department to conclude that the Dam is Unsafe or Potentially Unsafe;

(B) Any action the Department concludes is necessary to address the alleged Unsafe or Potentially Unsafe conditions;

(D) Notice to the Dam owner of the opportunity to provide information to explain why the Dam owner disagrees with the matters asserted in the notification alleging the Dam is Unsafe or Potentially Unsafe.

(b) Following issuance of a notification, the Department may attempt to resolve the Unsafe or Potentially Unsafe conditions in cooperation with the Dam owner. The Dam owner may endeavor to develop a plan and timeframe for corrective action that is agreeable to the Department. If the plan and timeframe are agreeable, the Department and owner may enter into a consent order to address the corrective action for timely resolution of the Unsafe or Potentially Unsafe conditions. In determining whether a plan and timeframe is agreeable and developing a consent order, the Department may consider any relevant information, including, but not limited to:

(A) The design and construction of the specific Dam;

(B) The efforts and resources of the Dam owner; and

(4) In addition to any other available remedies, the Director may issue a Proposed Final Order in the event the Department and the Dam owner do not agree to a plan and timeframe and enter into a consent order to address corrective actions, if the Dam owner fails to complete actions as provided in the consent order, in the event the Dam owner does not otherwise address the matters identified in the notification to the Department's satisfaction, or if the Department concludes based on inspection or analysis that the Dam is Unsafe.

(a) The proposed final order shall include the specific information and conditions that have caused the Department to conclude that a Dam is Unsafe or Potentially Unsafe, shall be consistent with ORS 183.415, and shall provide notice of the opportunity for a contested case hearing pursuant to ORS 183. The proposed final order shall include the notification in subsection (3) of this section, if notification has not already been provided for an Unsafe Dam.

(b) The proposed final order may include, but need not be limited to, any or all of the following provisions:

(A) A requirement that the Dam owner consult with an Engineer to assess the nature and extent of the Unsafe or Potentially Unsafe conditions identified by the Department and, as necessary, to identify corrective actions to address the Unsafe or Potentially Unsafe conditions;

(B) Commencement and completion dates for any corrective action the Department determines is necessary to remedy the Unsafe or Potentially Unsafe conditions;

(C) Restrictions on the maximum Water level in the reservoir until corrective action has been completed to the satisfaction of the Department;

(D) Provisions directing that the Dam may not be used for the impoundment, restraint, or conveyance of Water until corrective actions have been completed to the satisfaction of the Department;

(E) A requirement to install and maintain monitoring equipment if the Department concludes that monitoring is necessary to protect life, property, or public infrastructure. The provisions requiring the installation and use of monitoring equipment at a Dam to monitor the Unsafe or Potentially Unsafe conditions shall include the ability to the use the most economical monitoring equipment sufficient to protect life, property, and public infrastructure as determined by the Department.

(5) Upon issuance of a proposed final order, the Dam owner and Department may enter into a consent order to resolve the matters in the proposed final order as provided in ORS 183.417. Any such document must include conditions to address the matters in the proposed final order as determined by the Department.

(6) If, following issuance of a proposed final order regarding a Dam that the Department has concluded is Unsafe, the Department receives a request for hearing from the Dam owner, the Director may request that the scheduling of any contested case hearing be expedited, and the Office of Administrative hearings shall expedite the contested case hearing to the extent that the office considers it practicable and will give the Dam owner reasonable time to prepare.

(a) In determining the expedited timeline practicable, the Office of Administrative Hearings shall consider, based on information provided by the Department, any conditions that may affect the urgency of the proceedings or the likelihood that Unsafe conditions may pose near-term threat to life, property, or public infrastructure.

(b) The reasonable time to prepare for a contested case hearing shall be based on the likelihood that Unsafe conditions may pose a near-term risk to life, property, or public infrastructure.

(7) Issuance of a proposed final order does not preclude the Department from pursuing any and all lawful remedies as the Department may determine are necessary to protect life, property, or public infrastructure including, but not limited to, seeking injunctive relief in the circuit court as provided in ORS 540.473.

(8) In addition to any other available lawful remedies, if a proposed final order issued under this section becomes final by operation of law or on appeal, and the Dam owner fails to comply with the order as specified in the order, the Director may request the Attorney General or the district attorney of any county where all or part of the Dam is located to bring an action declaring the Dam a public nuisance and ordering its Removal at the owner’s expense.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.458, 540.461, 540.470, 540.473, 540.476
WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020

Or. Admin. R. 690-020-0400 Emergency Action Plans (EAP)

(1) An owner of a High Hazard Dam shall develop an Emergency Action Plan (EAP) consistent with this section. The EAP is to assist the Dam owner and local emergency management personnel to ensure human safety in the event of a potential or actual Dam Failure.

(2) For new Dams or to increase the Dam Height of High Hazard Dams, the EAP is required to be submitted as part of the plans and specifications in OAR 690-020-0035 and OAR 690-020-0080(1), prior to commencing new Dam construction.

(3) Owners of Dams which have been reclassified to a High Hazard Rating will be required to develop and submit an EAP within one year of being notified of the reclassification by the Department.

(4) An EAP shall contain, at a minimum, the following key elements:

(a) Means for emergency condition detection;

(b) Means for emergency level determination;

(c) Identification of, and information necessary for, notification and communication to be made at each level of emergency condition, including, but not limited to, contact information required in OAR 690-020-0180(1);

(d) Description of actions to prevent a Dam Failure incident or to help reduce the effects of a Dam Failure and facilitate response to an emergency;

(e) A map of Dam Failure inundation zones developed using a Dam breach inundation analysis for varying conditions as specified by the Department, including, but not limited to, dry weather conditions and high flood conditions. The Department may require one inundation map if the dry weather and high flood flows are not substantially different. The inundation mapping must include cross sections at locations of concern, and a description of expected depth and velocity of maximum breach flows at each cross section; and

(f) Procedures for termination of the emergency.

(5) The Dam owner shall file copies of the EAP with the Department, the Office of Emergency Management, and the local emergency services agency for the county where the Dam is located.

(6) The Department will, in consultation with the local Office of Emergency Management:

(a) Periodically review the EAP and may require updates to the plan that recognize the actual capabilities of the local emergency managers; and

(b) Determine the appropriate frequency for conducting emergency response exercises.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.479, 540.482, 540.485, 540.488
WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020
WRD 2-2015, f. & cert. ef. 3-17-15

Or. Admin. R. 690-020-0420 Immediate Action to Prevent Dam Failure

(1) If an actual or potential Dam Failure creates an imminent risk to life, property, or public infrastructure and an Emergency Action Plan exists for that Dam, a Dam owner shall immediately implement the actions specified in the plan.

(2) If no EAP exists, and an actual or potential Dam Failure creates an imminent risk to life, property, or public infrastructure, the Dam owner shall immediately notify by telephone or other method that ensures immediate notification:

(a) The local emergency services agency for the county where the Dam is located, via 9-1-1 call, if the dam has a Significant Hazard Rating;

(b) The Department; and

(c) To the extent practicable, Persons in areas where the potential for Dam Failure creates a risk to life, property, or public infrastructure.

(3) In addition, if an actual or potential Dam Failure creates an imminent risk to life, property, or public infrastructure, a Dam owner shall also take all practicable measures to prevent Dam Failure.

(4) If the Department is aware of conditions which indicate that immediate action is needed to prevent a Dam Failure, the Department may contact and advise the owner, operator, or individual in charge of the Dam regarding necessary actions to prevent the Dam Failure.

(5) If a Dam has a Significant or High Hazard Rating and presents an imminent risk of dam failure, the Department or its agents or representatives may enter the property without notice or permission of the pertinent landowner to access the Dam and evaluate the condition or risk or to undertake necessary actions described in subsections (6) and (7).The Department’s entry onto property pursuant to this subsection shall be to the extent entry is reasonable or necessary.

(6) The Department may communicate and coordinate actions necessary to reduce the risk of dam failure.

(7) If the Department observes that there is a rapidly increasing leakage risk of overtopping at a Dam that has a Significant or High Hazard Rating, the Department may open Gates or Valves and siphon or pump Water to reduce the Water levels in the reservoir.

(8) The Department may, as necessary to address an actual or potential Dam Failure that poses an imminent risk to life, property, or public infrastructure:

(a) Modify approval requirements for emergency construction work;

(b) Waive or modify the actions prescribed in an Emergency Action Plan; and

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.482, 540.485, 540.488
WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020

Or. Admin. R. 690-020-0460 Proposed Final Order, Request for Hearing, Contested Case Process

(1) Proposed Final Order, Notice of Assessment of Civil Penalty. A proposed final order or a notice of assessment of civil penalty must be consistent with the provisions of ORS 183.415, shall include notification of the right to a contested case hearing pursuant to ORS 183, and shall include any applicable or required element otherwise specified in Dam safety rules governing proposed final orders. A proposed final order or a notice of assessment of civil penalty must be served personally or by registered or certified mail.

(2) Request for Hearing. A Dam owner that receives a proposed final order or a notice of assessment of civil penalty has 30 calendar days from the date of service of the proposed final order in which to file a written request for hearing. The request for hearing must be filed either in person or by mail addressed to the Department’s office in Salem, Oregon. The request for hearing may not be considered timely filed unless it is received in the Department consistent with this subsection. The request for hearing must include a written response specifying the reasons for disagreement with the proposed final order.

(3) Contested Case Procedure. Contested case hearings resolving requests for hearing to proposed final orders issued by the Department under these rules shall be heard by administrative law judges from the Office of Administrative Hearings. Hearings shall be conducted as provided in ORS 183 and the Attorney General’s Uniform and Model Rules of Procedure under the Administrative Procedures Act in OAR 137-003-501 to 0700 except:

(a) Only a Dam owner or the Dam owner’s authorized representative may request a contested case hearing and be considered a party in any contested case;

(b) For expedited contested case hearings regarding proposed final orders addressing Unsafe conditions, discovery methods as provided in OAR 137-003-0566 shall not be allowed because the availability of other forms of discovery would unduly delay proceedings to address conditions that address a near-term risk of threat to life, property, or public infrastructure. Notwithstanding, a party may request public documents pursuant to a request for public records made to the Department as described in OAR Chapter 690, Division 3; and

(4) Proposed Order in Contested Case. Following the close of the record for a contested case hearing, the administrative law judge will issue a proposed order and shall serve the proposed order on each participant to the contested case.

(5) Exception to Proposed Order. If the recommended action in the proposed order is adverse to any party, the party may file written exceptions to the Department within 15 calendar days after a proposed order is served.

(6) Final Order. The Director may consider any exceptions received and shall issue a final order as provided in OAR 137-003-0665. An order adverse to a party may be issued upon default as provided in OAR 137-003-0672.

(7) The Department and a Dam owner may at any time use informal or alternative means to resolve a contested case hearing. When informal disposition of a contested case is made by stipulation, agreed settlement or consent order, the final order that incorporates the informal disposition is not subject to judicial review.

History

Statutory/Other Authority: ORS 183, 536.027, 540.488
Statutes/Other Implemented: ORS 183, 540.458, 540.461, 540.467, 540.470, 540.488, 540.995
WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020

Or. Admin. R. 690-020-0600 Civil Penalty Assessment for Dam Safety

(1) The Department may assess civil penalties for the following violations:

(a) Constructing a Dam without prior written approval from the Department of the final Dam design, construction documents, and operation documents as described in OAR 690-020-0080(1) and 0140(1);

(b) Impoundment of Water behind a Dam before final documentation has been submitted and accepted by the Department as provided in OAR 690-020-0080(4) and 0150(6);

(d) Failure to file an Emergency Action Plan with the Department, the Office of Emergency Management, and the local emergency services agency for the county where the Dam is located, as provided in OAR 690-020-0400; and

(e) Failure to complete needed Maintenance Actions on a High or Significant Hazard Dam, as identified in a prior inspection document sent from the Department to the Dam owner, as described in OAR 690-020-0310.

(2) The civil penalty for Constructing a Dam prior to obtaining written approval from the Department of final Dam design, construction, and operation documents prior to Dam construction activity shall be $2,000 for a High Hazard Dam, $1,000 for a Significant Hazard Dam, and $500 for a Low Hazard Dam.

(3) The civil penalty for impounding Water prior to submission and acceptance by the Department of the final plans and specifications shall be $1,000 per occurrence for a High Hazard Dam, $500 per occurrence for a Significant Hazard Dam, and $250 per occurrence for a Low Hazard Dam.

(a) Each day the Dam impounds Water is considered a new occurrence and violation. A civil penalty may be assessed for each day of violation for the period the reservoir is impounding Water until satisfactory completion documents are submitted to and accepted by the Department, until the reservoir is emptied, whichever is sooner.

(b) The Department may remit all or a portion of a civil penalty if completion documents existed but were not submitted, and those documents meet the criteria, or for Dams which are modified to be exempt from Dam safety requirements as per ORS 540.446(1).

(4) The civil penalty for beginning construction work to remove a Dam rated as High or Significant Hazard prior to submission and acceptance of a Dam Removal plan, failure to modify the plan if required, or failure to follow the modified plan shall be $2,000 for a High Hazard Dam and $1,000 for a Significant Hazard Dam.

(a) Each day construction work is performed to remove the Dam is considered a new occurrence and violation. A civil penalty may be imposed for each day of violation beginning on the day Removal activities began until the Dam is no longer storing Water and construction work to remove the Dam has ceased.

(b) The Department may remit all or a portion of this civil penalty if the Department receives and accepts a Dam Removal plan and determines that Dam Removal was consistent with the plan and completed safely with no downstream damage.

(5) The civil penalty for failure to file an Emergency Action Plan for a High Hazard Dam with the Department, the Office of Emergency Management, and the local emergency services agency for the county where the Dam is located shall be $2,000.

(a) Each month the Emergency Action Plan is not filed is a new occurrence and violation. A civil penalty may be imposed for each month of violation beginning on the date the notice of violation was first provided to the responsible party.

(b) The Department may remit all or a portion of the civil penalty if development of the plan is underway and the plan is submitted within 60 days of the due date.

(6) The civil penalty for failure to complete needed Maintenance Actions identified in a prior inspection document for Dams rated as High or Significant Hazard shall be:

(a) A civil penalty of $500 may be assessed for failure to perform required Maintenance Action(s) on a High Hazard Dam which could result in the Dam becoming Unsafe. Each month will be considered a new violation until the required Maintenance Action(s) is completed;

(b) A civil penalty of $250 may be assessed for all other required Maintenance Action(s) for a High Hazard Dam. Each month will be considered a new violation until the required Maintenance Action(s) is completed;

(c) A civil penalty of $250 may be assessed for failure to perform required Maintenance Action(s) on a Significant Hazard Dam which could result in the Dam becoming Unsafe. Each month will be considered a new violation until the required Maintenance Action(s) is completed;

(d) A civil penalty of $150 may be assessed for failure to complete all other required Maintenance Action(s) for a Significant Hazard Dam. Each month will be considered a new violation until the required Maintenance Action(s) is completed; and

(7) The Department may remit all or a portion of a civil penalty, considering the Dam owner's efforts to comply.

History

Statutory/Other Authority: ORS 536.027, 540.488
Statutes/Other Implemented: ORS 540.449, 540.452, 540.467, 540.482, 540.488, 540.995
WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020

Division 22 EMERGENCY WATER PROVISIONS — KLAMATH COUNTY

Or. Admin. R. 690-022-0020 Purpose and Statutory Authority

(1) The purpose of these rules is to implement ORS 536.750(1)(c), which authorizes the Commission, pursuant to a gubernatorial declaration that a severe, continuing drought exists, to grant a temporary preference to water rights for human consumption or stock watering use over other water uses regardless of priority date.

(2) These rules, pursuant to the Governor’s Executive Order no.14-01, dated February 13, 2014, are effective upon filing, and shall remain effective until December 31, 2014. During the effective period of these rules and a drought declaration under ORS 536.740 in Klamath County, the Commission grants a preference in Klamath County of use for water rights for human consumption or stock watering as provided in this rule. The temporary preference of use shall only apply to Klamath County and shall remain in effect only during the effective time period of the Governor’s drought declaration in Klamath County while these rules are in effect.

(3) These rules are repealed on December 31, 2014.

History

Statutory/Other Authority: ORS 536.025; 536.027; 536.750
Statutes/Other Implemented: ORS 536.750
WRD 2-2018, temporary suspend filed 04/17/2018, effective 04/17/2018 through 10/13/2018
WRD 2-2014, f. & cert. ef. 9-26-14
WRD 1-2014(Temp), f. 3-25-14, cert. ef. 4-1-14 thru 9-27-14

Or. Admin. R. 690-022-0025 Definitions

Unless the context requires otherwise, the words and phrases used in division 22 have the following meaning:

(1) “Commission” means the Oregon Water Resources Commission.

(2) “Department” means the Oregon Water Resources Department.

(3) “Human Consumption” means the use of water for the purposes of drinking, cooking, and sanitation.

(4) “Stock Watering” means the use of water for consumption by domesticated animals and wild animals held in captivity as pets or for profit.

History

Statutory/Other Authority: ORS 536.025; 536.027; 536.750
Statutes/Other Implemented: ORS 536.750
WRD 2-2018, temporary suspend filed 04/17/2018, effective 04/17/2018 through 10/13/2018
WRD 2-2014, f. & cert. ef. 9-26-14
WRD 1-2014(Temp), f. 3-25-14, cert. ef. 4-1-14 thru 9-27-14

Or. Admin. R. 690-022-0030 Applicability and Preference

During the effective period of a drought declaration under ORS 536.740 in Klamath County, and notwithstanding any provision of law to the contrary, the Commission grants a temporary preference for human consumption and/or stock watering as follows:

(1) The preference described in these rules applies only to the diversion or use of water within Klamath County.

(2) Uses of water for human consumption and stock watering, to the extent authorized under a water right certificate, permit, decree, or findings of fact and order of determination issued in an adjudication subject to ORS Chapter 539, are granted a preference over all other water uses regardless of the priority date of the water right for stock watering or human consumption.

(3) The Department will regulate water rights in Klamath County in accordance with the preference for water rights for human consumption and stock watering use as provided in subsection (2) of this section.

(4) Water right holders exercising the human consumption or stock water preferences established in this rule shall assure curtailment of water uses unrelated to the preference.

(5) This preference does not authorize a water right holder exercising the preference to make a call for water.

(6) The option for a water right holder to exercise the preference only applies to a water right holder being regulated by the watermaster in order to satisfy a senior water right.

History

Statutory/Other Authority: ORS 536.025; 536.027; 536.750
Statutes/Other Implemented: ORS 536.750
WRD 2-2018, temporary suspend filed 04/17/2018, effective 04/17/2018 through 10/13/2018
WRD 2-2014, f. & cert. ef. 9-26-14
WRD 1-2014(Temp), f. 3-25-14, cert. ef. 4-1-14 thru 9-27-14

Division 25 REGULATION OF GROUNDWATER IN THE OFF-PROJECT AREA DURING THE IRRIGATION SEASON FOR SENIOR SURFACE RIGHTS IN THE KLAMATH BASIN

Or. Admin. R. 690-025-0020 Definitions

Notwithstanding OAR 690-008-001, the following definitions apply to OAR 690-0025-0020 to OAR 690-0025-0040, unless the context requires otherwise:

(1) “Determined claim” means a claim for surface water as provided in the Amended and Corrected Findings of Fact and Order of Determination issued on February 28, 2014, and subject to regulation pursuant to ORS 539.170.

(2) “Existing rights of record” means authorized groundwater uses, determined claims, groundwater registrations, and surface water rights.

(3) “Groundwater registration” means an unadjudicated claim to use groundwater as provided in ORS 537.605 that is registered with the Oregon Water Resources Department.

(4) “Groundwater reservoir” or “aquifer” means a body of groundwater having boundaries which may be ascertained or reasonably inferred that yields quantities of water to wells or surface water sufficient for appropriation under an existing right of record.

(5) “Groundwater use authorization” means use of water authorized by a permit, certificate or groundwater registration.

(6) “Hydraulically connected” means water can move between or among groundwater reservoirs and surface water.

(7) “Upper Klamath Basin” means the area above and around Upper Klamath Lake that encompasses all water sources that are tributary to Upper Klamath Lake, including groundwater, the Wood River, Williamson River and Sprague River and their tributaries and the Klamath Marsh and its tributaries.

(8) “Surface water right” means certificated and permitted water rights, and determined claims, the source of which is surface water, including springs, streams, and rivers.

(9) “Well” or “wells” means a well as defined in ORS 537.515(9) that is located in the Upper Klamath Basin and is used to beneficially withdraw water for authorized groundwater uses including domestic, stock, irrigation, industrial, municipal, and aquifer storage and recovery uses.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.525
Statutes/Other Implemented: ORS 539.170, ORS 540.045 & ORS 537.525
WRD 3-2019, adopt filed 04/16/2019, effective 04/16/2019

Or. Admin. R. 690-025-0025 Distribution of Water between Existing Rights of Record

(1) Whenever there is impairment of, or interference with, existing water rights to appropriate surface water the Oregon Water Resources Department may regulate the distribution of water among the various users of water from any natural surface or groundwater reservoir in accordance with the users’ existing rights of record as authorized by ORS 537.525, ORS 539.170 and ORS 540.045.

(2) These rules, OAR 690-0025-0020 to OAR 690-0025-0040, govern the control of wells in the Upper Klamath Basin that produce from a groundwater reservoir that is hydraulically connected to surface water and subject to regulation in the course of distribution of water in accordance with the users’ existing rights of record.

(3) These rules operate in lieu of OAR Chapter 690, Division 09, and in conjunction with OAR Chapter 690, Division 250, except that these rules govern distribution of groundwater and surface water in the Upper Klamath Basin in lieu of OAR 690-250-0120(2).

History

Statutory/Other Authority: ORS 536.027 & ORS 537.525
Statutes/Other Implemented: ORS 539.170, ORS 540.045 & ORS 537.525
WRD 3-2019, adopt filed 04/16/2019, effective 04/16/2019

Or. Admin. R. 690-025-0040 Regulation of Hydraulically Connected Wells

(1) In the Upper Klamath Basin, a joint study of groundwater hydrology by the Department and the U.S. Geological Survey has established that groundwater and surface water are hydraulically connected.

(2) Based on the data and results of the joint groundwater hydrology study, wells that withdraw groundwater in the Upper Klamath Basin reduce groundwater discharge and surface water flow.

(3) The determinations in subsections (1) and (2) are based on the best available information, including but not limited to, water well reports, basin and hydrologic studies, topographic maps, hydrogeologic reports, groundwater and surface water elevation data, groundwater flow models, model simulation results for the Upper Klamath Basin, and any other information that is used in the course of applying generally accepted hydrogeologic methodologies.

(4) The Department has determined that regulating permitted wells that are located a horizontal distance equal to or less than 500 feet from a source of surface water rights will result in relief to surface water rights within the current season of use.

(5) Before regulating an authorized groundwater use pursuant to subsection (4), the Department shall determine the horizontal distance between each well and the source or sources of surface water rights.

(6) The Department may regulate wells that are located a horizontal distance equal to or less than 500 feet from a source of surface water rights whenever a valid call for surface water is made and the Department is regulating in accordance with the users’ existing rights of record. Under this rule, the Department will not regulate wells located a horizontal distance greater than 500 feet from a source of surface water.

(7) Groundwater regulation in the Upper Klamath Basin before March 1, 2021, will occur pursuant to OAR 690-0025-0020 to OAR 690-0025-0040. After March 1, 2021, OAR 690-0025-0020 to OAR 690-0025-0040 will no longer be in effect and groundwater regulation in the Upper Klamath Basin will occur under OAR 690-009, unless the Commission adopts new rules prior to March 1, 2021, governing groundwater regulation for senior surface water rights in the Upper Klamath Basin.

(8) Notwithstanding present conformance of these rules with ORS 537.780(2)(a), these rules do not establish a precedent that precludes different or additional determinations of what wells may be regulated so as to provide relief to surface water rights within the current season of use consistent with the authorities of the Water Resources Commission.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.525
Statutes/Other Implemented: ORS 539.170, ORS 540.045 & ORS 537.525
WRD 3-2019, adopt filed 04/16/2019, effective 04/16/2019

Division 28 SURFACE WATER REGISTRATIONS AND THE ADJUDICATION PROCESS

Or. Admin. R. 690-028-0005 Purpose

These rules provide for the filing of registration statements for pre-1909 uses of water in areas not yet adjudicated, and federal and Indian reserved rights. They explain the process by which the Director will make determinations on surface water registrations, federal reserved water rights, and spring registrations. These rules also explain the adjudication process for making final determinations of the water rights.

History

Statutory/Other Authority: ORS 539
WRD 10-1990, f. & cert. ef. 7-20-90
WRD 22-1988, f. & cert. ef. 12-14-88

Or. Admin. R. 690-028-0010 Definitions

The following definitions apply in OAR 690, division 28:

(1) “Adjudication Process” is the process for making final determinations of the extent of vested water rights and federal reserved rights within a stream basin as set out in ORS Chapter 539.

(2) “Beneficial Uses” are as defined under OAR 690, division 11.

(3) “Claim” means a completed statement and proof of claim concerning a pre-1909 vested water right, or a federal reserved water right as described in ORS Chapter 539, or a right to the use of spring waters under ORS 537.599.

(4) “Claimant” means any person asserting ownership of rights to the use of surface or spring waters of the State of Oregon or on whose behalf ownership of rights to the use of water is asserted. The rights asserted shall be undetermined vested or spring rights not evidenced by a court decree issued pursuant to ORS Chapter 539, or be federal reserved rights. “Claimant” includes, but is not limited to, registrants, an individual Indian or Indian Tribe, or the federal government acting on its own behalf or on the behalf of an Indian Tribe or an individual Indian.

(5) “Department” means the Oregon Water Resources Department.

(6) “Director” means the Water Resources Director.

(7) “Documentation” includes but is not limited to:

(a) Statements of persons having knowledge of historical use of water;

(b) A true copy of the original land patent taking the land in question from the public domain;

(d) A document that substantiates the time the project was initiated or constructed;

(e) Contracts, agreements or stipulations between water users that define rotation agreements, uses along a common ditch, or other conditions to reduce conflicts among users;

(f) A true copy of Congressional Legislation, Presidential Order, Indian Treaty, or Court Order setting aside lands as a federal reservation; or

(g) Other relevant documents or information tending to establish the water right.

(8) “Federal Reserved Water Right” means the right for a quantity of water necessary to satisfy the primary purpose or purposes of lands set aside by the United States government as a federal reservation, or a right derived from such rights. The reservation shall be documented in an original Congressional Act, Presidential Order, Indian Treaty, or Court Order.

(9) “Final Order of Registration” means the final order which contains the Director’s findings of fact and determines the rights to the use of water for a particular registration. This order is valid from the time it is entered into the records of the Department until an order of determination is submitted to the Circuit Court.

(10) “Inchoate Right” means a right to the use of water that began prior to February 24, 1909, or as part of a federal reserved right that has passed into non-federal ownership, or as part of an Indian reserved right for practicably irrigable acreage that has passed into non-Indian ownership. The right must be put to full beneficial use and perfected with reasonable diligence.

(11) “Indian” means any federally recognized tribe of Indians or any enrolled member of such tribe.

(12) “Instream” means within the stream channel, lake bed or place where water naturally flows or occurs. An instream water right does not require a diversion or any other means of physical control over the water.

(13) “Instream Flow Requirement” means the amount of water required for aquatic life, fish life, wildlife, fish and wildlife habitat, or other federal reserved water right for which there is no diversion from a stream.

(14) “Order of Determination” means the final summary document submitted to the Circuit Court which contains the Director’s findings of fact and establishes all of the vested and reserved rights to the waters within the general stream basin being adjudicated.

(15) “Party” includes all claimants and all holders of permitted, certificated, or decreed water rights on a stream subject to the adjudication.

(16) “Person” means any individual, partnership, corporation, association, governmental subdivision, private organization of any character, the State of Oregon or any political subdivision thereof, the United States, an Indian Tribe, or any state or federal agency.

(17) “Practicably Irrigable Acreage” means lands that were set aside as part of an Indian treaty or which derived from Indian treaty rights for the purpose of developing agricultural benefits. The lands shall be capable of being identified as agricultural lands. Agricultural lands in general are lands which with water applied without waste in amounts common to current reasonable farming practices, can produce specific crops suited to the local climate. The land must be capable of sustaining production for a reasonable number of years to offset the initial investment of farm improvements. The land shall have been part of an Indian reservation, continuously under Indian ownership and need not be irrigated now.

(18) “Proposed Order of Registration” means a proposed order containing the Director’s findings of fact and determines the right to the use of waters for a particular registration. If the registrant does not request a hearing on this order it becomes a final order of registration.

(19) “Registrant” means any person who has filed a registration statement under ORS 539.240 or 537.800, or any person or owner on whose behalf a registration statement is filed.

(20) “Registration Statement” means a completed form in writing making claim to an undetermined vested right to appropriate surface water under ORS 539.010, or to a federal reserved right under 539.230 and 539.240, or a right to the use of spring waters under 537.800.

(21) “Statement and Proof of Claim” means a completed form in writing, under oath to be submitted at the time of the taking of testimony pursuant to ORS 539.070.

(22) “Testimony” means oral or written statements under oath provided to support the previously filed registration statement or statement and proof of claim.

(23) “Undetermined Vested Right” means any right to the use of waters of the State of Oregon initiated prior to February 24, 1909, under state common law or statute, or a federal reserved right which is not evidenced by any decree issued pursuant to ORS Chapter 539.

History

Statutory/Other Authority: ORS 539
WRD 10-1990, f. & cert. ef. 7-20-90
WRD 22-1988, f. & cert. ef. 12-14-88

Or. Admin. R. 690-028-0015 Notice of Need to Register Claims

In addition to publishing notice as required by ORS 539.230(2), the Director shall provide notice of the need to register all claims to undetermined vested water rights and federal reserved rights by:

(1) Holding public meetings within the county/counties in which the stream or river system to be adjudicated is located.

(2) Publishing announcements in applicable trade or organization newsletters.

(3) Submitting public service announcements on local radio stations.

(4) Submitting of notice for posting in appropriate post offices.

(5) Informing the following:

(a) State watermasters;

(b) County extension agents;

(d) County livestock association;

(e) County wheat league;

(f) County historical society;

(g) County dairymen’s association;

(h) Affected Indian tribes and government agencies;

(i) County courts and county commissioners; and

(j) Certified water right examiners.

History

Statutory/Other Authority: ORS 539
WRD 10-1990, f. & cert. ef. 7-20-90
WRD 22-1988, f. & cert. ef. 12-14-88

Or. Admin. R. 690-028-0020 Previously Adjudicated Streams

(1) In an area where a general stream adjudication has been completed only claimants for federal reserved rights, or persons claiming a right to the use of spring waters which originally stayed all on one property, or persons who were not or whose predecessors were not served notice of the original adjudication may file a registration statement of claim under these rules.

(2) A registration statement for a federal reserved right in an area where a general stream adjudication has been completed shall be indorsed with the date of receipt. The registration shall not be affirmed until the status of the filing has been determined with respect to the original and any supplemental decrees.

(3) A person having an undetermined vested water right in an area where a general stream adjudication has been completed may file a petition for a supplemental adjudication with the court where the original decree was entered if the person documents the owner of the land was not given required notice at the time of initiation of the original proceeding.

History

Statutory/Other Authority: ORS 539
WRD 10-1990, f. & cert. ef. 7-20-90
WRD 22-1988, f. & cert. ef. 12-14-88

Or. Admin. R. 690-028-0025 General Instructions for Registration Statements and Statements of Claim

For purposes of filing registration statements and statements and proofs of claim in an adjudication:

(1) Each registration statement or statement and proof of claim shall be neatly printed in ink or typewritten on a form or in a format approved by the Department. The registration statement shall be verified as accurate by the registrant and notarized.

(2) One registration statement or statement and proof of claim may include multiple uses with one common date of priority for parcels of contiguous land. Separate statements shall be registered for non-contiguous properties or different priority dates.

(3) Each item on the form shall be completed. If the answer to a question is not available a statement to that effect shall be made for each such entry.

(4) The required map shall be prepared by a certified water right examiner. The certified water right examiner shall confirm the map by an on-site inspection. Maps submitted become a part of the registration. The survey and map standards shall be the same as OAR 690-011 and 690-014-0170. In addition the map shall include:

(a) The date the survey was performed;

(b) The point of beginning and the referenced land survey corner of the deed, if applicable;

(d) The number of acres irrigated in each quarter-quarter shall be shown to the nearest tenth of an acre.

(5) Any person or agency claiming a federal or Indian reserved water right shall also identify the reservation upon which the claimed rights are made. They shall state the primary purpose or purposes of the reservation, the date of the reservation, and attach copies of the reservation documents. The Director may request additional documentation of Indian allotments and chain of title to the time the lands may have passed out of Indian ownership, if appropriate.

(6) Forms prepared by the Department for filing registration statements shall be provided upon request. Forms shall be available at all state watermaster offices. The completed statement shall be filed with the required map, fees and supporting documentation, in the office of the Department in Salem, Oregon.

(7) Requests for exceptions to the mapping standards or for modification of the application form shall be requested in advance of filing. The request may be approved at the discretion of the Director.

(8) Pursuant to ORS 539.040(3)(a) and 539.240(10), the Director may authorize waivers of the requirements of these rules, so long as substantially the same information required by ORS 539.240(2) is provided. Requests for waivers shall be submitted to the Director in writing no less than 30 days prior to filing of a registration statement or statement and proof of claim. The Director may approve a waiver only upon a finding that the waiver does not diminish the Department’s ability to evaluate the registration statement or statement and proof of claim. The Director’s decision as to whether to grant or deny a waiver shall be made in a timely manner, shall be in writing and shall become a part of the record of the adjudication.

History

Statutory/Other Authority: ORS 539.005(2)
Statutes/Other Implemented: ORS 539.040 & 539.240
WRD 1-1997, f. & cert. ef. 2-26-97
WRD 10-1990, f. & cert. ef. 7-20-90
WRD 22-1988, f. & cert. ef. 12-14-88

Or. Admin. R. 690-028-0026 Filings for Practicably Irrigable Acreage

(1) Any Indian or Indian tribe claiming a right for practicably irrigable acreage shall, in addition to OAR 690-028-0025, establish that the land for which the right is claimed is arable. The claimant must show that it is technically and economically possible to develop an irrigation system to serve the land. Factors that shall be considered include but are not limited to:

(a) Source and availability of water;

(b) Soils type and classification;

(d) Elevation above sea level;

(e) Growing season (degree days);

(f) Natural precipitation;

(g) Crop types that could be grown;

(h) Description of the proposed irrigation system; and

(i) Estimated costs of developing the irrigation system.

(2) A claimant for practicably irrigable acreage shall identify and map all acres that are or are proposed to be irrigated. The claimant shall show existing points of diversion or storage reservoirs, as appropriate.

(3) A claimant shall document through a chain of title statement that the lands have never had more than five consecutive years of non-Indian ownership since the date of the reservation.

History

Statutory/Other Authority: ORS 539
WRD 10-1990, f. & cert. ef. 7-20-90

Or. Admin. R. 690-028-0027 Filings for Federal Reserved Instream Water Rights

(1) Any Indian tribe or federal agency claiming an instream federal reserved right shall provide the information in OAR 690-028-0025(3) and (5) for each stream reach for which a right is being claimed. A separate registration form shall be filed for each stream reach in which an instream reserved right is being claimed. Each stream reach or lake shall be identified on a Department basin map. The upstream and downstream locations of the reach shall be identified according to the public lands survey system. The purpose or purposes of the instream flow shall be given. If applicable, the species of fish or wildlife to be supported must be identified. Flows requested shall be specified by month in cubic feet per second, elevation of lake surface, or other measurable units as appropriate.

(2) A claimant shall provide supporting documentation of the methods used to estimate water quantities needed to satisfy the purpose or purposes of the reservation. Accepted methodologies for determining habitat needs include, but are not limited to:

(a) Instream Flow Incremental Methodology habitat suitability curves published in a series of technical reports by the U.S. Fish and Wildlife Service;

(b) The Oregon Method developed by the Oregon State Game Commission (Thompson, K.E., 1972, determining streamflows for fish life, pp. 31–50, in Proceedings of the Instream Flow Requirement Workshops, Pacific N.W. River Basins Commission, Portland, OR);

(c) Forest Service Method developed by the Pacific Northwest Region USDA Forest Service, (Swank, G.W. and Phillips, R.W. 1976, Instream Flow Methodology for the Forest Service in the Pacific Northwest Region, pp. 334–343, in Proceedings of Symposium and Special Conference on Instream Flow Needs, Orsborn, J.F. and O.H. Allman, eds. Vol. II, American Fisheries Society, Bethesda, MD); and

(d) Environmental Basin Investigation Reports conducted by the Oregon State Game Commission between the mid-1960s and the mid-1970s.

(3) The claimant may propose for the Department’s consideration:

(a) A means and location for measuring the instream water right;

(b) A strategy and responsibility for monitoring flows for the instream right; and

History

Statutory/Other Authority: ORS 539
WRD 10-1990, f. & cert. ef. 7-20-90

Or. Admin. R. 690-028-0028 Fees and Late Registration or Claims

(1) Minimum fees required by ORS 539.081 shall be paid at the time a registration or claim is submitted. Persons filing after December 31, 1992, shall pay one and one-half times the fees required for a timely filing.

(2) A person filing for practicably irrigable acreage or for other federal reserved rights may request additional time to provide support materials. The request for additional time shall state when interim data will be available and when the final claim is to be made. The Director may approve a time extension based on the progress of the general stream adjudication in question. The final claim shall detail the exact acreages or quantities of water for which the claim is being made. All fees shall be paid at the time the exact quantity of water is requested. Persons are encouraged to file early on practicably irrigable acreage and instream water rights so the Department can aid in determining how to obtain additional supporting documentation.

(3) Fees for instream water rights shall be based on the month of the year having the highest quantity of water requested for the stream reach.

(4) Fees shall not apply to any federally recognized Indian tribe, or to the United States acting as trustee for such a tribe, claiming an undetermined vested right to the use of surface water for any nonconsumptive and nondiverted instream use to satisfy tribal hunting, fishing, or gathering rights.

(5) After December 31, 1992, a petition filed for late registration shall include a sworn statement detailing the good cause for failing to file the registration on time. The petition shall include a brief summary of the claim to be filed. The Director shall decide each case on its own merits.

(6) For purposes of ORS 539.240(4), good cause for not filing a registration statement by December 31, 1992, includes, but is not limited to that:

(a) Recent acquisition of lands made filing by the deadline impracticable; or

(b) Other circumstances made filing on time impossible.

(7) To rebut the presumption that a person has abandoned a claim because of a late filing a person must:

(a) Show there has been a continuous use of water from before February 24, 1909;

(b) State the registration is for a future use of a federal reserved right; or

History

Statutory/Other Authority: ORS 539
WRD 10-1990, f. & cert. ef. 7-20-90

Or. Admin. R. 690-028-0029 Review of Registration Statements and Orders of Registration

(1) When a registration statement is received in acceptable form by the Department, the Department shall indorse on the registration the date it was received. The statement shall be filed and an acknowledgement letter sent to the registrant. A copy of the claim shall be sent to the watermaster.

(2) Notice of each registration shall be published in the Department’s public notice of applications. Notice may also be published in a newspaper within the general area of the claim.

(3) The Department shall review each registration to identify new or conflicting uses of water and those persons that may be impacted by enforcement of the claim. If two or more persons are impacted by the registration, then an informational public hearing may be scheduled to determine the extent of the problem. Additional information may be requested of the registrant. Persons may meet at their own discretion to stipulate agreements for the Director to review. A field inspection may be made of any registration.

(4) The Director shall prepare a proposed order of registration for each registration. If the registration is affirmed or modified the Director shall identify:

(a) The name and mailing address of the claimant;

(b) The claimed beneficial use of the water and the amount allowed;

(d) The tentative priority date of the claimed use of water;

(e) The period of the year during which the claimed use of water is allowed;

(f) Location of the claim within the township and range, by quarter-quarter section, Donated Land Claim, or Government Lot;

(g) The location of the diversion point by reference to an established public land survey corner;

(h) The location of the place of use, and if for irrigation, the area irrigated in each quarter-quarter section; and

(i) Any conditions or stipulation that have been added to the registration, such as flow monitoring requirements.

(5) If the registration is rejected the Director shall state the basis for the rejection.

(6) Upon completion of the review, the Director shall mail a copy of the proposed order of registration to the registrant. The registrant may petition for a hearing within 20 days under ORS 183.415 to 183.470. If no hearing is requested the proposed order of registration becomes a final order of registration. The final order of registration shall be entered into the records of the Department and mailed to the registrant and the watermaster.

(7) A registrant may modify a claim prior to the final order of registration being entered. All modifications are subject to review under this rule, and no refunds of fees shall be awarded based on any modification.

(8) Upon entry of the Director’s final order of registration the registrant is prima facie entitled to appropriate the water to the extent and in the manner disclosed in the recorded registration statement and final order of registration.

(9) No registration statement recorded under this chapter or affirmed or modified by a final order of registration under OAR 690-028-0029 shall be construed as a final determination of any matter stated therein. The right of the registrant to appropriate surface or spring water under a recorded registration statement is subject to a determination under ORS 539.010 to 539.240, and is not final or conclusive until so determined.

History

Statutory/Other Authority: ORS 539
WRD 10-1990, f. & cert. ef. 7-20-90

Or. Admin. R. 690-028-0040 Standards to Evaluate Claims

(1) Each claim or registration statement for existing beneficial uses shall be compared to all information submitted for consistency regarding settlement of the area and general development of projects. The burden of proof to establish a claim by a preponderance of relevant evidence rests on the claimant.

(2) Lands identified as practicably irrigable acreage shall be evaluated based on the physical characteristics as they compare to lands commonly identified with growing a particular crop. The Department may consult with federal or state agricultural agencies, or any other person with appropriate expertise to verify factors for determining arable lands.

(3) For any river basin or subbasin the Director may propose rates and duties of water to be allowed per acre of irrigated lands and of practicably irrigable acreage. The Director may schedule a public hearing to accept information and testimony about the appropriateness of those limitations.

(4) The Director may propose rates and duties for watering stock from streams, for lands that are naturally flooded, or for other beneficial uses as appropriate. The Director may schedule a public hearing to accept information and testimony about the appropriateness of those limitations.

(5) Instream flow requirements shall be based on hydrological estimates or gaging data that can be obtained for the particular stream reach. The Department shall prepare an estimate of natural flows that would be available in the stream reach. The water availability estimate shall account for current usage of the water resource. The Director may require additional documentation of instream flow requirements if the claim is greater than the estimated average natural flow or level for the stream reach. If the physical conditions of a waterway have changed since the reservation lands were established then the Department may consult with federal or state fisheries agencies, or any other person with appropriate expertise to aid in determining natural flows necessary to maintain the primary purpose or purposes of the reservation.

History

Statutory/Other Authority: ORS 539
WRD 10-1990, f. & cert. ef. 7-20-90
WRD 22-1988, f. & cert. ef. 12-14-88

Or. Admin. R. 690-028-0045 Reasonable Diligence

(1) The complete beneficial use of all the water for a proposed purpose does not have to be made in its entirety prior to February 24, 1909, to claim a vested water right. All persons, including persons who acquire formerly reserved land shall be allowed to develop their claim with reasonable diligence.

(2) Reasonable diligence in the construction of the system of works necessary to fully accomplish appropriation of the water does not require unusual or extraordinary effort. Reasonable diligence is that which is usual and ordinary with persons performing similar projects. The water user must demonstrate a genuine intent to complete the appropriation in a timely manner. The question is one of fact, to be determined from the circumstances on case-by-case basis.

History

Statutory/Other Authority: ORS 539
WRD 10-1990, f. & cert. ef. 7-20-90
WRD 22-1988, f. & cert. ef. 12-14-88

Or. Admin. R. 690-028-0055 Amendments to Registration Orders

(1) When any amendment in ownership, point of diversion, place of use, or type of use is necessary within a right defined by a registration statement then the amendment shall be submitted in writing to the Department. The request shall include documentation that the water has been used over the past five years in accordance with the terms and conditions of the registration. The request shall state the reasons for the change.

(2) When any change in point of diversion, place of use, or type of use is received by the Department a notice of the change shall be published in the Department’s public notice of applications.

(3) The Director shall review each amendment to determine that the change will not result in injury to other water rights holders, or a net loss of water available to downstream users or an expansion of the right under the original registration.

(4) The Director may accept the amendment to the registration statement and include it as part of the records of the Department. No amendment to a registration shall be construed as final or conclusive until it is determined under an adjudication proceeding under ORS 539.010 to 539.240.

(5) When lands are sold a registration is to be assigned in whole or in part from an Indian reserved right of practicably irrigable acreage to a non-Indian, the assignment must be filed with the Department. The Director shall cancel the initial order for the federal reserved right and issue an order confirming an inchoate right for the undeveloped uses. The inchoate right shall be put to full beneficial use within five years of issuance of the order unless an extension is granted by the Director. The Director shall also issue a remaining right order for the part of the federal reserved right not assigned.

History

Statutory/Other Authority: ORS 539
WRD 10-1990, f. & cert. ef. 7-20-90

Or. Admin. R. 690-028-0060 Beginning the Adjudication Process

(1) Any water right holder may petition the Director to begin a general stream adjudication. The petitioner may be a registrant or the holder of a right to appropriate water from the subject stream system. The petition may be signed by more than one registrant or permitted or certificated water right owner.

(2) At the start of a general stream adjudication the Director shall send in person, or by registered or certified return receipt mail to each claimant and all holders of permitted or certificated water rights on the stream the notice required by ORS 539.030. The Director shall include a form for any party to file who wishes to be included in the adjudication solely to contest the claims of others.

History

Statutory/Other Authority: ORS 539
WRD 10-1990, f. & cert. ef. 7-20-90

Or. Admin. R. 690-028-0065 Time for Filing Claims and Documentation

The notice of taking of testimony issued by the Director pursuant to ORS 539.040 shall state:

(1) All claimants shall file a statement and proof of claim, including persons who have already filed a registration statement. The claim shall contain the same information as required under OAR 690-028-0025, 690-028-0026, or 690-028-0027 as appropriate. If the claimant agreed with data collected and mapped by the Department or if the map submitted with the original registration is still valid, then an additional map is not required. For purposes of the Klamath Basin adjudication a person may submit an updated map prepared by a certified water right examiner, or a registered engineer or surveyor.

(2) Any person who does not file a registration statement within the time required by ORS 539.240 may not file a statement and proof of claim to an undetermined vested right to water.

(3) Director shall set a time certain for filing statements and proofs of claim and notify all registrants by certified return receipt mail when and how the statement and proof of claim shall be filed. The Director may set separate times for accepting claims for consumptive uses, practicably irrigable acreage and instream reserved rights.

(4) Claimants may be required to provide information in addition to that on their registration statement, including, but not limited to additional information that was not available at time of registration such as:

(a) New maps showing changes in use; or

(b) Documentation of chain of title to the current owner.

(5) For purposes of the Klamath Basin adjudication fees required by ORS 539.081 shall be paid at the time a claim is filed. Fees shall be processed as provided in OAR 690-028-0028.

(6) Each claim shall be evaluated on the same basis as surface water registrations as stated in OAR 690-028-0040.

History

Statutory/Other Authority: ORS 539
WRD 10-1990, f. & cert. ef. 7-20-90

Or. Admin. R. 690-028-0070 Summary of Claims

The Director shall identify for all claimants in a summary document:

(1) The name and mailing address of the claimant.

(2) The claimed beneficial use of the water and the amount allowed.

(3) The stream from which the water is diverted or in which the instream right is reserved.

(4) The priority date of the claimed use of water.

(5) The period of the year during which the claimed use of water is allowed.

(6) Location of the claim within the township and range, by quarter-quarter section, Donation Lane Claim, or Government Lot.

(7) The location of the diversion point by reference to an established public land survey corner.

(8) The location of the place of use, if for irrigation, the area irrigated in each quarter-quarter section.

(9) Any conditions or stipulations that have been added to the claim.

History

Statutory/Other Authority: ORS 539
WRD 10-1990, f. & cert. ef. 7-20-90

Or. Admin. R. 690-028-0075 Filing Contests of Claims of Others

(1) After all claims, documentation and supporting materials have been filed the Director shall schedule an open inspection period. All parties shall receive notice as provided in ORS 539.090 of the times to inspect the claims and evidence. All contests of claims shall be filed in accordance with the requirements of OAR 690, division 30 within 15 days of the closing date for public inspection. The Director may extend this time by 20 days if requested by a party to the proceeding showing good reason for the extension.

(2) A person who does not claim a pre-1909 vested right but has interest in a stream by holding a valid water right period or certificate may enter the proceeding solely for contesting claims made by others pursuant to OAR 690-030.

(3) Contestants shall state with reasonable certainty the ground for the contest. Reasons for contest include, but are not limited to:

(a) Claiming a wrong priority date;

(b) Claiming a wrong quantity of water;

(d) Claiming a use started after February 24, 1909, except on federal reserved rights or spring registration;

(e) Claiming a use that had been forfeited by five or more consecutive years of non-use less than fifteen years previously; and

(f) Claiming a use that has been intentionally abandoned.

(4) The contestant shall serve notice on contestee by certified mail with return receipt and shall submit proof of service to the Director. The Director shall set a date for hearing if the parties involved cannot settle the contest by stipulation as provided in OAR 690-030.

History

Statutory/Other Authority: ORS 539
WRD 10-1990, f. & cert. ef. 7-20-90

Or. Admin. R. 690-028-0080 Responsibilities to Circuit Court

(1) The Director shall prepare findings of fact and an order of determination of all of the claims within the general stream basin. The original documentation and certified copies of the observations, measurements, and maps shall be submitted to the Circuit Court with the findings of fact and order of determination.

(2) The Director shall send a notice of the Court hearing date to all parties as provided in ORS 539.130.

(3) The Director shall participate in the hearings on the findings and in hearings on exceptions to the findings, if any. If the findings are remanded to the Department, the Director shall collect such additional documentation as is necessary to establish the facts or to resolve conflicts. The Director may amend the findings and shall submit the amended findings and order of determination back to the Court for reconsideration.

(4) After the court has affirmed or modified the findings of fact and order of determination of the Director and the Director has received a certified copy of the decree, the watermasters shall enforce the rights as evidenced in the decree.

(5) The Director shall allow a six-month period to pass to allow for appeal of the Court’s decision. When all appeals have been resolved the Director shall issue a certificate to each water right holder as provided in the decree or as modified in the appeals process.

History

Statutory/Other Authority: ORS 539
WRD 10-1990, f. & cert. ef. 7-20-90

Division 29 WARM SPRINGS WATER RIGHTS NEGOTIATIONS

Or. Admin. R. 690-029-0005 Purpose

This rule establishes the methods by which the Water Resources Department (Department) provides opportunity for public notice and comment regarding negotiations between the Director of the Water Resources Department (Director) and the representatives for the Warm Springs Tribes and federal government, as trustee for the tribes, held to establish the scope and attributes of the water right claimed by the tribes, pursuant to ORS 539.300, et seq.

History

Statutory/Other Authority: ORS 539
WRD 23-1988, f. & cert. ef. 12-14-88

Or. Admin. R. 690-029-0010 Notice

(1) Persons interested in these negotiations shall request, in writing, to have their names placed on a mailing list the Department shall prepare for the purpose of carrying out this rule.

(2) The Director shall mail notice by first class mail to all parties on the mailing list 20 days prior to any negotiating session. The notice shall specify the time, place and subject matter of the negotiating session, a summary of prior negotiating sessions, if any, and explain the manner, described in OAR 690-028-0070, by which the Director may receive public input on the negotiations. At the conclusion of the negotiations, persons on the mailing list shall receive a summary of the agreement reached, and an explanation of how the agreement is to be submitted to a court, pursuant to ORS 539.320.

History

Statutory/Other Authority: ORS 539
WRD 23-1988, f. & cert. ef. 12-14-88

Or. Admin. R. 690-029-0015 Public Comment

(1) Persons who wish the Director to consider concerns they may have with regard to the negotiations may submit an explanation, factual background evidence and a proposed position or solution and other relevant material to the Director. Such comments shall be in writing and submitted to the Director at least 10 days prior to the negotiating session to be fully considered.

(2) Members of the public are entitled to attend the negotiating sessions, but are not entitled to present testimony at those sessions.

History

Statutory/Other Authority: ORS 539
WRD 23-1988, f. & cert. ef. 12-14-88

Division 30 CONTESTS IN THE ADJUDICATION OF WATER RIGHTS

Or. Admin. R. 690-030-0005 Rules of the Water Resources Director

The following rules, OAR 690-030-0005 to 690-030-0090, have been adopted by the Water Resources Director to govern the practice and procedure relative to contests before him. A substantial compliance with the rules is required.

History

Statutory/Other Authority: ORS 536 & 543
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0010 Statement of Contest, When to Be Filed

Every statement of contest must be filed within the period prescribed by statute; and no statement of contest will be received or considered which is not filed with the Water Resources Director within the time permitted by law.

History

Statutory/Other Authority: ORS 536 & 543
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0015 Contents and Form of the Statement of Contest

(1) The statement of contest shall be as nearly as may be in the following form:

Before the Water Resources Director of the State of Oregon.

______________ County.

In the Matter of the Determination of the Relative Rights to the Waters of _________, a Tributary of _________ A. B. (or A. B. and C. D.),

__________ Contestants, Statement of Contest.

v.s.

__________E.F., Contestee.

To __________, Water Resources Director and to the above-named contestant __________ hereby contests the right claimed by the above-named contestee __________, to the waters of __________, a tributary of __________, in the above entitled proceedings, and for statement of contest, said contestant __________ alleges:

That said contestant –––––––––– claims an interest in the waters of the said stream, as follows, to wit: (Here set forth the nature of the rights claimed by the contestant or contestants briefly and within reasonable certainty).
That said contestee__________ are claiming (Here set forth the nature of the claims made by the contestees with reasonable certainty).
That said contestant __________ contests the rights claimed by the contestee for the following reasons: (Here set forth, with reasonable certainty, the ground of the proposed contest).

Wherefore, contestant demands that a hearing of said contest be had, and testimony taken therein, and that it be determined by the Water Resources Director in the above-entitled proceeding that (Here set forth the extent of the rights to which contestant claims said contestee is entitled, and the extent to which the same should be determined).

Service of notice of hearing, or answers or other papers may be made upon (Contestant, agent or attorney, as the case may be), whose post office address is:__________.

(2) This statement of contest must be verified in substantially the following form:

STATE OF OREGON, )

) ss.

County of ___________ )

I, A. B., being first duly sworn, depose and say: That I am (a or the) __________, contestant (or agent or attorney for contestant or contestants, as the case may be) in the above-entitled statement of contest; that I have read the foregoing statement of contest, and that the same is true, as I verily believe.

Subscribed and sworn to before me this _____ day of ________, 19

Notary Public of Oregon.

(3) In accordance with the provisions of law permitting the filing of contests, no statement of contest will be received or filed which does not state with reasonable certainty the grounds of the proposed contest, or which is not verified by a contestant, his agent, or attorney.

History

Statutory/Other Authority: ORS 536 & 543
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0020 Service to Be Made on Contestee

Upon filing of a statement of contest, service thereof shall be made by the contestant upon the contestee, by registered mail, as provided by the statute.

History

Statutory/Other Authority: ORS 536 & 543
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0025 Answers

Answers on the part of contestees are not required by the statute; and the contest is deemed at issue upon the filing of the statement of contest, the statement and proof of contestee being deemed as put in issue by the contest to the extent as shown by the allegations in the statement of contest; contestees may, however, set up by way of answer, any new matter; service of such answer shall be made on the opposing party, his agent or attorney, conformably to the rules of practice in suits in equity in the Circuit Court, and no answer will be received or filed until such service is made.

History

Statutory/Other Authority: ORS 536 & 543
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0030 Answers, When to Be Served

Answers shall be filed at least five days prior to the day set for hearing of contest, with due proof of service on the opposing party indorsed thereon.

History

Statutory/Other Authority: ORS 536 & 543
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0035 Amendment of Statement of Contest

The statement of contest may be amended, prior to the date fixed for the hearing, by the filing of such amended statement of contest with the Water Resources Director at least 10 days prior to the date fixed for the hearing of said contest.

History

Statutory/Other Authority: ORS 536 & 543
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0040 Service of Amended Statement

Service of such amended statement of contest shall be made on the contestee, his agent or attorney, prior to the filing of the same with the Water Resources Director and no amendment of the statement of contest will be received or filed which does not bear an endorsement thereon of service upon said contestee, his agent, or attorney.

History

Statutory/Other Authority: ORS 536 & 543
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0045 Hearing of Contest

(1) Upon the day named in the notice of hearing, as the same shall be fixed by the Water Resources Director therein, said contest will be heard by said Water Resources Director, or his authorized assistant.

(2) Department officers and employees may appear and participate on behalf of the Water Resources Director in contests before the Water Resources Director or his authorized assistant. The Department representative shall only represent the Water Resources Director in the manner described in OAR 137-003-0545(3).

History

Statutory/Other Authority: ORS 536 & 543
Statutes/Other Implemented: ORS 183.413 - 183.470 & 539
WRD 5-2001, f. & cert. ef. 6-6-01
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0050 Procedure on Hearing

Upon the hearing of any contest, except when the parties have agreed otherwise, such contest will be considered as putting the claimant or claimants so contested upon proof, and such contestee or contestees shall first produce witnesses for examination, and the testimony adduced shall be in support of the allegations or statements in such contestees’ statements and proofs of claims as have been contested. The contestant shall then produce his witnesses. Such variations in this order of procedure, however, as may be deemed necessary for the convenience of witnesses or other considerations, may be made by the Water Resources Director or his authorized assistant.

History

Statutory/Other Authority: ORS 536 & 543
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0055 Arguments and Briefs

Upon application therefor, made to the Water Resources Director upon the close of the testimony in any contest, the parties thereto may submit briefs, in support of their respective contentions within a time to be fixed by the Water Resources Director and the Water Resources Director will, upon application, fix a time and place for such oral argument as the parties may desire to make prior to the entry of the final order of determination.

History

Statutory/Other Authority: ORS 536 & 543
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0060 Postponement of Proceedings

The taking of testimony in any contest shall not be postponed, except for good cause shown, and upon notice to all parties, and after opportunity has been given said parties to be heard; and adjournments shall be taken only upon notice to all parties, at the time of the taking of testimony, and then only to a time and place certain, and upon good cause being shown; excepting however, that adjournments upon the conclusion of one day’s testimony, to the next day, and over Sundays and legal holidays shall be taken as a matter of course; and except as otherwise ordered by the Water Resources Director, when the taking of testimony shall have been commenced, the same shall be continued from day to day, commencing at the hour of 9 a.m. until 12 p.m., and from 1:30 p.m. until 5 p.m. of each day.

History

Statutory/Other Authority: ORS 536 & 543
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0065 Subpoenas

Subpoenas to require the attendance of witnesses will be issued by the Water Resources Director in any contest, upon the application to him therefore, to either party; which subpoenas shall be served in the same manner as subpoenas issued out of the Circuit Courts of the state; and said witnesses shall receive fees as in civil cases, but the parties to contests, to whom subpoenas are issued, will be required to attend to the service thereof, and to pay the fees therefore to said witnesses, and said subpoenas will not be served, or the fees due said witnesses paid, by or through the Water Resources Director. As to service of subpoenas, see ORS 539.110.

History

Statutory/Other Authority: ORS 536 & 543
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0070 Notice of Hearing

The notice of the time and place fixed for the hearing of a contest is served upon the party or parties contested by registered mail; and said notice will be prepared and delivered for service by the Water Resources Director; and the Water Resources Director shall cause notice of the said time and place of hearing to be served upon each of the parties contestant, or his agent or attorney, if he appear by agent or attorney, by depositing such copy of such notice in the post office as registered mail, properly addressed to said contestant, or his agent or attorney, as the case may be; and the said contestant shall be required, in his statement of contest, to set forth his post office address, or the post office address of his agent or attorney upon whom he desires service of such notice to be made; also the address, or place, where each of such contestees may be found for service, so far as he can ascertain.

History

Statutory/Other Authority: ORS 536 & 543
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0075 Joining Parties Contestant and Contestee

Any number of persons, firms, or corporations, jointly interested in the subjects enumerated in the notice of contest may appear as parties contestant therein; and any number of persons, corporations, or associations claiming interest adversely to the rights claimed by said contestants, and who shall have submitted proof of their claim to the Water Resources Director, may be jointed as parties contestee, in the statement of contest.

History

Statutory/Other Authority: ORS 536 & 543
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0080 Practice in Suits in Equity Governs Taking of Testimony

The practice in the Circuit Courts of the state governing the taking of testimony in suits in equity, in so far as applicable, shall govern the taking of testimony on the hearing of said contest; but the evidence shall be confined to the subjects enumerated in the statement of contest; and the Water Resources Director or his authorized assistant may, in their discretion, reject testimony and evidence offered, which is not so confined.

History

Statutory/Other Authority: ORS 536 & 543
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0085 Amendment or Alteration of Claim

(1) Except as provided in Sections (2) through (12) of this rule, the Water Resources Director (Director) may not permit any alteration or amendment of the original claim after the period for inspection has commenced; but any new matter that the claimant may wish to set forth must be set forth in the form of an affidavit, regularly verified before a proper officer and filed with the Director prior to the close of the period for public inspection.

(2) A claimant may add to the claim additional point(s) of diversion or change the location of the point(s) of diversion as described in the claim, as long as the following conditions are satisfied:

(a) The claimant must file the request for the proposed additional or relocated point(s) of diversion with the Director before diverting water from the additional or relocated point(s) of diversion. The request must include the number of the claim for which the requested additional or relocated point(s) of diversion is being made. The request must be set forth in a verified affidavit. For each point of diversion included in the requested amended claim, whether additional, relocated, or previously claimed, the request must also identify for each type of use claimed, the rate of diversion and the number of acres served within each quarter/quarter section.

(b) At the time the claimant files a request as specified in Section (2)(a), the claimant must provide a map prepared by a Certified Water Rights Examiner showing the original point(s) of diversion and all additional or relocated point(s) of diversion proposed in the request. If the request proposes more than one point of diversion serving the claim, the map must identify which lands or uses are served by each diversion point. The map must conform to the standards set forth in OAR 690-014-0170.

(c) The additional or relocated point(s) of diversion may not be upstream from the point(s) of diversion described in the claim.

(d) Use of water from the additional or relocated point(s) diversion must not increase the total claimed rate, duty, acreage benefited, or season of use.

(e) The amount of water to be diverted from all points of diversion included in the requested amended claim is limited to no more than the rate and duty of water that was previously claimed and is lawfully available for use by the claimant at the original point of diversion.

(f) The additional or relocated point(s) of diversion may not be located on a different source than the source identified in the original claim. For the purposes of 690-030-0085, a downstream source does not constitute a different source, even where the source has a different name at the downstream location, if the source of the original diversion is on the mainstem of or a tributary to the source for the additional or relocated downstream point(s) of diversion.

(3) If the claimant’s request meets the requirements in Section (2) and the claimant has prepaid the estimated cost of the notice in accordance with Section (4), the Director must give notice of the proposed additional or relocated point(s) of diversion as follows:

(a) By regular mail to all those identified in the Department’s files whose points of diversion lie between the point of diversion as claimed and the proposed additional or relocated points of diversion furthest downstream from the point of diversion as claimed, specifically:

(A) Claimants and contestants to any claim;

(B) Holders of existing water use permits;

(D) Holders of water rights established by court decree; and

(b) By publication in a newspaper having general circulation in the area in which the claim is located, not less than once each week for three consecutive weeks; and

(d) Each notice must include the date on which claims of injury under Section (5) must be filed with the Director.

(4) If the claimant’s request meets the requirements under Section 2, the Director must provide the claimant an estimate of the actual cost of providing the notice described in Section (3). The actual cost is the total cost of publishing the notice in the newspaper, plus the paper, postage and staff time involved to prepare and mail the notice. The claimant must prepay the estimated cost before the Director provides notice of the proposed point of diversion changes. If the actual cost exceeds the estimated cost, the claimant must pay the difference by a date certain provided by the Director, or the Director or the Director’s delegated Adjudicator shall not consider the amendment in the Findings of Fact and Order of Determination.

(5) Any adjudication claimant, holder of a water use permit, holder of a water use certificate, or holder of a water right established by court decree claiming injury as a result of the proposed additional or relocated point(s) of diversion must file a written claim of injury with the Director on or before the date specified in the Notice. An existing contestant to the claimant’s claim need not file a claim of injury, but must comply with the provisions of Section (8). For purposes of OAR 690-030-0085, an adjudication claimant, holder of a water use permit, holder of a water use certificate, or holder of a water right established by court decree filing a claim of injury pursuant to this Section is referred to as the “petitioner.” All claims of injury must be received in the office of the Director by the date specified. For claims of injury under this Section, the postmarked date will not be deemed the filing date. An injury claim must:

(a) Provide a description of the claimed injury; and

(b) Identify the number of the adjudication claim, permit, or certificate, or identify the water right established by court decree that would allegedly be injured.

(6) If, based upon the information provided in Section (5), the Director determines that the petitioner has demonstrated a personal interest that could reasonably be affected by the outcome of the proceeding, the Director must name the petitioner to be a limited party to the contested case hearing for the sole purpose of contesting the proposed additional or relocated point(s) of diversion.

(7) If the record in the contested case has closed, or due to informal disposition the case has been withdrawn from or not referred to the Office of Administrative Hearings, at the time of a ruling under Section (6) allowing participation, the Director must request the administrative law judge to re-open the record or refer the matter to the Office of Administrative Hearings, for the limited purpose of taking evidence and hearing argument on the issue of the proposed additional or relocated point(s) of diversion.

(8) If an existing contestant to the claimant’s claim wishes to contest the proposed additional or relocated point(s) of diversion, the existing contestant must notify the Director in writing on or before the date specified in the Notice. The existing contestant’s notification must be received in the office of the Director by the date specified. If the record in the contested case has closed, or due to informal disposition the case has been withdrawn from or not referred to the Office of Administrative Hearings, upon timely receipt of the existing contestant’s notification the Director must request the administrative law judge to re-open the record or refer the matter to the Office of Administrative Hearings for the limited purpose of taking evidence and hearing argument on the issue of the proposed additional or relocated point(s) of diversion.

(9) The Director’s ruling under Section (6) must be by written order and served promptly on the petitioner, all parties to the contested case, and the Office of Administrative Hearings or assigned administrative law judge. If participation in the contested case hearing is allowed, the agency must provide the participant with the notice of rights required by ORS 183.413(2) or request the administrative law judge to do so.

(10) A petitioner or party to the contested case adversely affected by the Director’s ruling under Section (6) may file a notice of intent to oppose the ruling within 30 days of the date of the order. Such notice shall be filed with the Director and the Office of Administrative Hearings or assigned administrative law judge, and must be served upon the petitioner and all parties to the contested case hearing. Any opposition to the Director’s ruling under Section (6) must be heard by the Office of Administrative Hearings as part of the contested case hearing, and the administrative law judge’s findings must be incorporated into the administrative law judge’s proposed order in the contested case. If the record has closed in the contested case hearing, the Director must request the administrative law judge to re-open the record for the purpose of hearing opposition to the Director’s ruling.

(11) The administrative law judge’s findings on the issue of the proposed additional or relocated point(s) of diversion must be incorporated into the administrative law judge’s proposed order in the contested case.

(12) For purposes of the Klamath Basin Adjudication, the last day to request additional or relocated points of diversion pursuant to Sections (2) through (11) is December 1, 2006. For other general stream adjudications, any request by a claimant for additional or relocated point(s) of diversion pursuant to Sections (2) through (11) must be made on or before the date specified by the Director as adopted by rule.

(13) Sections (2) through (12) create the process to amend claims under ORS Chapter 539 following the commencement of the period for inspection and have no effect on the permissibility of a change in point of diversion under other provisions of law.

History

Statutory/Other Authority: ORS 536 & 543
WRD 1-2006, f. & cert. ef. 1-30-06
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-030-0090 Withdrawing Original Testimony

From and after the beginning of the inspection period, the original testimony shall remain in the custody of the Water Resources Director or his authorized assistant, and shall not be withdrawn therefrom.

History

Statutory/Other Authority: ORS 536 & 543
WRD 3, f. & ef. 2-18-77

Division 33 ADDITIONAL PUBLIC INTEREST STANDARDS FOR NEW APPROPRIATIONS

Or. Admin. R. 690-033-0000 Purpose

(1) The purpose of OAR 690, division 33 is to establish definitions, additional procedures and standards to aid the Department in determining whether a proposed use will impair or be detrimental to the public interest with regard to sensitive, threatened, or endangered fish species.

(2) These rules apply to the following types of applications for permits:

(a) To appropriate surface water;

(b) To appropriate hydraulically connected groundwater with potential for substantial interference as listed in OAR 690, division 009, section 40;

(d) To store water or construct a reservoir.

(3) These definitions, standards and procedures are in addition to, not in lieu of, existing rules and laws.

History

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 537.140 - 190
WRD 6-1996, f. & cert. ef. 7-11-96
WRD 4-1995, f. & cert. ef. 6-16-95, Renumbered from 690-033-0100
WRD 10-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-033-0010 Definitions for the purposes of Chapter 690, Division 33

(1) “Commission” means the Water Resources Commission.

(2) “Department” means the Water Resources Department.

(3) “Director” means the Director of the Department.

(4) “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.

(5) “Interagency Review Team” means a team comprised of staff from the Departments of Agriculture, Environmental Quality, Fish and Wildlife, Water Resources and other state natural resource agencies as appropriate.

(6) “Fish and Wildlife Program” means the Columbia River Basin Fish and Wildlife Program adopted by the Northwest Power Planning Council in February 1994; document number 94-2.

(7) “Human Consumption” means the use of water for purposes of drinking, cooking and sanitation.

(8) “Threatened or Endangered” means fish species listed by Oregon Department of Fish and Wildlife (ODFW) under OAR 635-100-0100 to 635-100-0130; or listed under the federal Endangered Species Act.

(9) “Sensitive” means fish species classified as either critical, vulnerable, or peripheral on the ODFW sensitive species list established under OAR 635-100-0040.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 537.140 - 190
WRD 6-1996, f. & cert. ef. 7-11-96
WRD 4-1995, f. & cert. ef. 6-16-95, Renumbered from 690-033-0110
WRD 10-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-033-0115 Upper Columbia Rules (Above Bonneville Dam): Geographic Scope

(1) These rules, OAR 690-033-0115 through 690-033-0140, apply to applications filed after July 17, 1992, upstream from Bonneville Dam in the Columbia-Snake Basin in the areas listed below for which no permit has been granted, or on which no contested case has been ordered:

(a) Hood Basin;

(b) Deschutes Basin;

(d) Umatilla Basin;

(e) Grande Ronde Basin;

(f) Powder Basin;

(g) Malheur Basin;

(h) Owyhee Basin;

(I) Mainstem Columbia River above Bonneville Dam; and

(j) Mainstem Snake River.

(2) These rules, OAR 690-033-0115 through 690-033-0140, will be reviewed and may be revised as additional information becomes available concerning the recovery of threatened or endangered fish stocks in the Columbia/Snake Basin.

History

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 537.170
WRD 6-1996, f. & cert. ef. 7-11-96
WRD 4-1995, f. & cert. ef. 6-16-95

Or. Admin. R. 690-033-0120 Upper Columbia Rules (Above Bonneville Dam): Determination of Consistency With the Fish and Wildlife Program

(1) To determine whether a proposed use is consistent with the Fish and Wildlife Program, the Department shall consult with the Northwest Power and Conservation Council, ODFW, U.S. Fish and Wildlife Service, National Marine Fisheries Service, Indian tribes and appropriate local governments. If the Department determines that a proposed use of water is inconsistent with the Fish and Wildlife Program and cannot be conditioned to achieve consistency, the application shall be presumed to impair or be detrimental to the public interest.

(2) The applicant shall provide information to show compliance with the following standards which will form the basis for permit conditions:

(a) The proposed use does not involve appropriation of direct streamflow during the time period of April 15 to September 30, except as provided in OAR 690-033-0140;

(b) The proposed use does not involve hydraulically connected groundwater with potential for substantial interference as listed in OAR 690-009 (division 9 of this Chapter) during the time period of April 15 to September 30, except that which is artificially recharged or as otherwise provided in OAR 690-033-0140;

(c) The proposed use complies with screen design, installation, operation specifications and passage requirements as listed in ORS 498.301 through 498.346 and 509.580 through 509.910;

(d) The proposed use complies with existing state and federal water quality standards; and

(e) The proposed use complies with water use measurement, recording and reporting required by the Director.

(3) Based on the consultation in section (1) of this rule, the proposed use may be further conditioned so that, if the riparian area is disturbed in the process of developing a point of diversion, the riparian area is restored or enhanced.

(4) If a proposed use is not consistent with the Fish and Wildlife Program, the applicant may propose mitigation compatible with sections (2) and (3) of this rule. The Director shall determine if the proposed use with mitigation is consistent with the Fish and Wildlife Program. For purposes of mitigation, the ODFW rules regarding Implementation of Department Habitat Mitigation Recommendations, OAR 635-415-0025 adopted April 21, 2000 and effective May 1, 2000 shall be followed.

History

Statutory/Other Authority: ORS 536.027 & 537.140 - 537.190
Statutes/Other Implemented: ORS 537.140 - 537.190
WRD 5-2014, f. & cert. ef. 11-25-14
WRD 10-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-033-0130 Upper Columbia Rules (Above Bonneville Dam): Flow Management

If the flow management objectives cannot be achieved because of differing requirements between fish species in the management area, the Department shall consult with the affected fish and wildlife agencies and the appropriate Indian tribes to assist in resolving the flow management conflicts.

History

Statutory/Other Authority: ORS 536.027 & 537.140 - 537.190
Statutes/Other Implemented: ORS 537.140 - 537.190
WRD 10-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-033-0140 Upper Columbia Rules (Above Bonneville Dam): Exemptions

Notwithstanding OAR 690-033-0120(2)(a) and (b), the Department may approve a water right permit for:

(1) Domestic water use;

(2) Projects that provide net benefits for native resident and native anadromous fish recovery. For example, these projects may include, but are not limited to, livestock watering away from water courses which results in improved riparian areas;

(3) Emergency use necessary for public health and safety;

(4) Existing water uses covered under House Bill 2153 (Oregon Legislature 1993); or

(5) Multipurpose storage projects or other projects with measurable public benefits.

History

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 537.140 - 537.190
WRD 6-1996, f. & cert. ef. 7-11-96
WRD 10-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-033-0210 Lower Columbia Rules (Below Bonneville Dam): Geographic Scope

(1) These rules, OAR 690-033-0210 through 690-033-0230, apply to applications filed after April 8, 1994, in the areas listed below for which no permit has been granted, or on which no contested case has been ordered as of the effective date of these rules:

(a) Portions of the North Coast Basin which drain into the Columbia River; and

(b) Clackamas Subbasin of the Willamette Basin.

(2) These rules, OAR 690-033-0210 through 690-033-0230, apply to applications filed after June 3, 1994, in the areas listed below for which no permit has been granted, or on which no contested case has been ordered as of the effective date of these rules:

(a) Sandy Basin;

(b) Willamette Basin, excluding the Clackamas Subbasin; and

(3) These rules, OAR 690-033-0210 through 690-033-0230, shall be reviewed and may be revised when:

(a) A final National Marine Fisheries Service Recovery Plan for Snake River salmon is promulgated, or the Northwest Power Planning Council Fish and Wildlife Program is revised after the effective date of these rules providing additional information concerning the recovery of threatened or endangered fish stocks in the Lower Columbia Basin; or

(b) 300 cfs of additional water rights have been issued from the Mainstem Columbia River below Bonneville Dam since June 3, 1994; or

(c) An additional fish species has been listed as threatened or endangered in the area listed in OAR 690-033-0210(1) or (2).

History

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 537.140 - 537.190
WRD 6-1996, f. & cert. ef. 7-11-96
WRD 4-1995, f. & cert. ef. 6-16-95

Or. Admin. R. 690-033-0220 Lower Columbia Rules (Below Bonneville Dam): Evaluation Criteria

(1) If the Department determines that a proposed use of water is detrimental to the protection or recovery of a threatened or endangered species and cannot be conditioned or mitigated to avoid the detriment, the applications shall be presumed to impair or be detrimental to the public interest. The Department shall review recovery plans, the Fish and Wildlife Program, and regional restoration programs applicable to threatened or endangered species in evaluating whether a proposed use is detrimental to the protection or recovery of a threatened or endangered species.

(2) The proposed use shall comply with the following standards which will form the basis for permit conditions:

(a) The proposed use complies with screen design, installation, operation (including provisions for maintenance) specifications and passage requirements as listed in ORS 498.248 through 498.268 and 509.600 through 509.630;

(b) The proposed use complies with existing state and federal water quality standards; and

(3) Any application for more than one cubic foot per second not subject to the requirements of OAR 690, division 86, shall contain a description of the measures to be taken to assure reasonably efficient water use.

(4) Based on the determination under section (1) of this rule, the proposed use may be further conditioned so that, if the riparian area is disturbed in the process of developing a point of diversion, the riparian area is restored or enhanced.

(5) If a proposed use is determined to be detrimental to the protection or recovery of a threatened or endangered species, the applicant may propose mitigation compatible with sections (2), (3) and (4) of this rule. The Director shall determine if the proposed use with mitigation offsets the detriment. For purposes of mitigation, the ODFW Fish and Wildlife Habitat Mitigation Goals and Standards, OAR 635, division 415, Section 030 adopted November 13, 1991, shall be followed.

History

Statutory/Other Authority: ORS 536.027 & 537.140 - 537.190
WRD 4-1995, f. & cert. ef. 6-16-95

Or. Admin. R. 690-033-0230 Lower Columbia Rules (Below Bonneville Dam): Flow Management

The Department shall consult with the affected fish and wildlife agencies and the appropriate Indian tribes to assist in resolving the flow management conflicts, if the flow management objectives for protection of threatened and endangered fish species cannot be achieved because of differing requirements between fish species in the management area.

History

Statutory/Other Authority: ORS 536.027 & 537.140 - 537.190
WRD 4-1995, f. & cert. ef. 6-16-95

Or. Admin. R. 690-033-0310 Statewide Rules: Geographic Scope

(1) These rules, OAR 690-033-0310 through 690-033-0340, apply to:

(a) Applications filed after June 3, 1994, for which no permit has been granted, or on which no contested case has been ordered as of the effective date of these rules; and

(b) Requests for limited licenses except those:

(A) for less than 120 days; or

(B) issued in conjunction with an enforcement order of the Department.

(2) These rules, OAR 690-033-0310 through 690-033-0340, apply to the following geographic areas:

(a) Waterways of the state where sensitive fish species are located;

(b) Waterways of the state, outside the Columbia Basin (OAR 690-033-0115(1) and 690-033-0210(1) and (2)), where threatened or endangered fish species are located.

(3) For purposes of making a preliminary determination of the presence of sensitive, threatened or endangered species, the Department may rely primarily on information provided by ODFW, but may also rely on information provided by the U.S. Fish and Wildlife Service, the National Marine Fisheries Service or the appropriate Indian tribes.

History

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 537.140 - 537.190
WRD 6-1996, f. & cert. ef. 7-11-96

Or. Admin. R. 690-033-0320 Statewide Rules: Rule Review

These rules, OAR 690-033-0310 through 690-033-0340, shall be reviewed and may be revised when:

(1) Additional species are listed as sensitive, threatened, or endangered; or

(2) Basin programs are revised by the Department.

History

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 537.140 - 537.190
WRD 6-1996, f. & cert. ef. 7-11-96

Or. Admin. R. 690-033-0330 Statewide Rules: Review of Proposed Water Use

(1) If the Department concludes during the initial review that a proposed water use will occur in an area that may affect the habitat of sensitive, threatened or endangered fish species, the Department shall:

(a) Notify the applicant that based on a preliminary determination, the proposed use may affect the habitat of sensitive, threatened or endangered fish species and the application may be conditioned or denied.

(b) Notify the interagency review team that an application has been received in an area that may affect the habitat of sensitive, threatened or endangered fish species.

(2) The interagency review team shall be convened, as needed, to review applications which the Department determines may affect sensitive, threatened or endangered fish species. Participating agencies may also request interagency review of specific applications. When reviewing applications, the interagency review team shall apply the following standards:

(a) In areas of the state outside of the Columbia Basin where threatened and endangered fish species are located, no loss of essential habitat as defined in OAR 635-415-0005(4).

(b) In all areas of the state where sensitive species are located, no net loss of essential habitat as defined in OAR 635-415-0005(4).

(3) The interagency review team, whenever possible, will recommend conditions to the application necessary to achieve the standards listed in 690-033-0330(2)(a) and (b).

(4) If the interagency review team cannot identify conditions that meet the standards listed in 690-033-0330(2)(a) and (b), the interagency review team shall recommend denial of the application unless it concludes that the proposed use would not harm the species.

History

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 537.140 - 537.190
WRD 6-1996, f. & cert. ef. 7-11-96

Or. Admin. R. 690-033-0340 Statewide Rules: Public Interest Review Presumption

(1) Nothing in these rules delegates the authority of the Department to make final decisions on permit applications.

(2) Consistent with 690-033-0340(1), the Department shall follow the recommendations of the interagency review team in determining whether the presumption is established pursuant to OAR 690-310-0110 or 690-310-0130. In completing the remainder of the public interest determination under 690-310-0120 or 690-310-0140, the Department shall follow the recommendations of the interagency review team unless it finds:

(a) The proposed use provides significant basin wide public benefits beyond the benefits to the applicant;

(b) There are no other reasonable and prudent alternatives to the proposed use;

(c) The benefits of the proposed use to the public under ORS 537.170(8) outweigh the benefits of the alternatives that would conserve the species; and

(d) All reasonable mitigation measures necessary to minimize the effect of the proposed use on the species have been implemented; or

(e) A specific basin program has been amended significantly to protect sensitive, threatened or endangered fish species and allows the proposed use.

(3) The Department shall include its findings and conclusions in the proposed final order.

History

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 537.140 - 537.190
WRD 6-1996, f. & cert. ef. 7-11-96

Division 40 ADMINISTRATION OF THE CAREY ACT

Or. Admin. R. 690-040-0000 Reclamation of Lands under Provisions of the Carey Act

(1) Rules pertaining to the reclamation of lands accepted by the State of Oregon under the provisions of the Carey Act were promulgated by the State Reclamation Commission, now under the administration of the Water Resources Director, March 8, 1944, and filed with the Secretary of State July 31, 1947, as Administrative Order 2RC 1.

(2) Pursuant to ORS 183.360(3), these rules are not published in the Oregon Administrative Rules Compilation. Copies may be obtained from the Secretary of State as provided by 183.060.

History

2RD 1, f. 7-31-47

Division 51 APPROPRIATION AND USE OF WATER FOR HYDROELECTRIC POWER AND STANDARDS FOR HYDROELECTRIC APPLICATIONS

Or. Admin. R. 690-051-0000 Purpose

These rules establish definitions, information requirements, filing procedures, hearing requirements, fees, and standards for hydroelectric development. The Water Resources Commission and the Director shall use these rules to process applications for permits to appropriate water for hydroelectric projects, Preliminary Permits and hydroelectric licenses under ORS Chapters 537 and 543.

History

Statutory/Other Authority: ORS 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0010 Definitions

Terms used in ORS 537.170, 543.015, 543.017, 543.220, 543.225, 543.255, and in these rules are given the following meanings:

(1) "Affected Local Government" means any local government, as defined in OAR 690 005 0015, within whose jurisdiction the use of water for hydroelectric purposes, or the construction of all or part of proposed or existing project facilities would be located.

(2) "Anadromous Salmon and Steelhead" means an individual fish, or a run, stock, or population of any species of salmon or any steelhead trout that:

(a) Is naturally or hatchery spawned in freshwater;

(b) Spends a portion of its life in the ocean; and

(3) "Approved Project" means a Permit application filed under ORS Chapter 537 for hydroelectric power use or a Preliminary Permit or License application filed under ORS Chapter 543 which has been approved by the Water Resources Commission or Director.

(4) "Available Water" means water not subject to statutory limits on use and which would not interfere with amounts needed for existing water right permits, certificates, or decrees including minimum perennial streamflows, and instream water rights as established under ORS 537.332 through 537.360 and OAR 690-077. Available water shall be based on stream gage records or, if stream gage records are not available, flow estimates using generally accepted methods of hydrologic analysis. At the location where water from a hydroelectric project would be returned to the stream and is available for other instream or consumptive uses downstream, it is not considered to be contributing to over-appropriation of any downstream water availability sub-basin.

(5) "Commission" means Water Resources Commission.

(6) "Compensate" means to recover, replace, or substitute for loss from unavoidable or unforeseen adverse impacts of an action.

(7) "Cumulative Impact" means the collective effect resulting from incremental actions of past, present, or pending projects, developments or facilities.

(8) "Director" means the Water Resources Director or staff authorized by the Director to administer these rules.

(9) "Enhance" means to improve natural resource conditions over pre project levels.

(10) "Existing Facility" means any permanent physical structure for the diversion, conveyance, control, or use of water, whether or not in current use.

(11) "Governmental Entity" means any federal or state agency and local government as defined in ORS 294.004, irrigation district formed under ORS Chapter 545 and a water control district formed under ORS Chapter 553.

(12) “Agency Representatives” means any representatives of the following state agencies and other agencies as necessary that may be consulted by the Water Resources Department on the particular natural resources for which each is responsible:

(a) Department of Agriculture;

(b) Water Resources Department;

(d) Department of Energy;

(e) Department of Fish and Wildlife;

(f) Department of Forestry;

(g) Department of State Lands;

(h) Parks and Recreation Department;

(i) Department of Land Conservation and Development.

(13) "Improve" means to enhance.

(14) "License" means a hydroelectric license containing a time-limited water right issued to non-municipal applicants as provided in ORS 543.210–543.320.

(15) "Major Hydroelectric Project" means any hydroelectric project greater than 100 theoretical horsepower.

(16) "Minor Hydroelectric Project" means any hydroelectric project less than or equal to 100 theoretical horsepower.

(17) "Maximum Economic Development" means achievement of the greatest net practical economic gain to the people of the state.

(18) "Minimum Perennial Streamflow", also minimum streamflow, means the minimum flow in a stream designated by an administrative rule adopted in a basin program by the Water Resources Commission or its predecessors to implement ORS 536.235, 536.300(2), and 536.310(7) to support aquatic life, to minimize pollution and to maintain recreation values.

(19) "Mitigation" means taking action or measures that avoid, minimize, rectify, reduce or compensate for impact.

(20) "Modify" means to alter the appearance, character, structure, function or operation of an existing facility.

(21) "Net Loss" means that the magnitude, quality or type of natural resource lost, exceeds the magnitude, quality or type of natural resource provided by mitigation, restoration or enhancement.

(22) "Permit" means a Permit to appropriate water for hydroelectric development issued to municipal corporations as provided in ORS Chapter 537.

(23) "Preliminary Permit" means a Preliminary Permit issued to non-municipal hydroelectric applicants as provided in ORS 543.210–543.320.

(24) "Project" means any hydroelectric power project as defined in ORS 543.010.

(25) "Project Facilities" means all parts of the project necessary for or related to power generation. Project facilities shall include dams, diversion structures, reservoirs, forebays, conveyance structures, penstocks, turbines, tailraces, navigation locks, fish ladders, fish screens, recreation facilities, tunnels, transmission lines, substations, buildings, structures and other such works necessary or related to the project.

(26) "Project Vicinity" means:

(a) All lands and waters required for project facilities; and

(b) All lands and waters which project construction or operation could reasonably be expected to affect.

(27) "Proposed Project" means a project for which an application has been received but not acted on by the Commission or Director.

(28) "Protected Area” means an area where the Northwest Power and Conservation Council believes hydroelectric development would have unacceptable risks of loss to fish and wildlife species of concern, their productive capacity or their habitat as designated in the Columbia River Basin Fish and Wildlife Program (2014); including Protected Areas adopted on August 10, 1988, and subsequently amended (September 14, 1988 and August 8, 1990, August 13, 1992) pursuant to P.L. 96-501.

(29) "Public Facilities" means private and public lands and structures that provide for transportation, power, communication, water supply, waste treatment, drainage, flood control, recreation and community services to meet public needs for health, safety and welfare.

(30) "Public Utility" means a utility regulated by the Public Utility Commission, under ORS Chapter 757, that provides electric power to consumers.

(31) "Restoration" means to return the condition of a natural resource to its pre project state.

(32) "River Basin" means:

(a) A subbasin designated by the Commission; or

(b) A major river drainage not otherwise divided by the Commission.

(33) "Significant" means having importance in terms of the context and intensity of an action and its result.

(34) "Study Plan" means a document prepared by or on the behalf of the applicant which provides detailed descriptions of proposed methods for evaluating project impacts and effectiveness of potential mitigation measures.

(35) "THP" means theoretical horsepower, computed by multiplying the flow in cubic feet per second by the amount of fall in feet and dividing the product by 8.8.

(36) "Wasteful, Uneconomic, Impracticable or Unreasonable" as used in ORS 537.170 and 543.225 shall have the following meanings:

(a) A use of water in greater quantities or at greater rates than necessary to achieve proposed project purposes;

(b) A use of water for which quantifiable public and private economic costs exceed quantifiable public and private economic benefits over the life of the project as demonstrated in the record;

(d) A use of water which would preclude present beneficial uses or other uses with a reasonable expectation of being developed during the proposed life of the project, which have a greater value to the public.

(37) "Water Dependent Recreational Opportunity" means a recreational opportunity that can occur only on or in water, such as swimming, boating, water skiing, and fishing.

(38) "Water Dependent Recreational Opportunity of Statewide Significance" means a recreation opportunity that, combined with natural qualities of the water resource involved, has exceptional value. Factors that may contribute to statewide significance include special designation, high demand, uniqueness, outstanding or unusual natural surroundings, irreplaceable qualities or relatively limited availability. Recreation opportunities readily available on other waters shall not be considered of statewide significance.

(39) "Wild Game Fish" means any fish, run, stock or population of fish belonging to a family of fish listed in ORS 496.009 and which is sustained through natural reproduction.

History

Statutory/Other Authority: ORS 197, 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0020 Projects to be Considered by the Commission

(1) The Commission or Director where designated by these rules or separate order, shall consider projects for which applications for Permits to appropriate water for hydroelectric purposes under ORS 537.140 and applications for Preliminary Permits or Licenses under ORS 543.010 to 543.620 have been filed.

(2) Projects shall be further classified as minor and major projects. For the purpose of these rules, a minor project shall be any project proposing to develop 100 THP or less. All other shall be major projects.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0030 Restriction on Filing

(1) Whenever a proposed project is located within one of the following designated resource areas, the Department shall provide notice of the application to the managing agency:

(a) National parks;

(b) National monuments;

(d) Bureau of Land Management areas of critical environmental concern established under federal law;

(e) Wild and scenic rivers established by federal law;

(f) Estuarine sanctuaries established under Public Law 92-583;

(g) Federal research natural areas established under federal regulation;

(h) State parks and waysides;

(i) Scenic waterways designated under ORS Chapter 390;

(j) State wildlife refuges; or

(k) State dedicated natural heritage areas established under ORS Chapter 273.

History

Statutory/Other Authority: ORS 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0040 Preliminary Permit not Required

No License or Permit shall be issued within six months of either approving the Preliminary Permit or acceptance of the License or Permit application. A Preliminary Permit is unnecessary where the project is a minor project.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0050 Applications: Filing Procedure

(1) All applications to use water for hydroelectric purposes shall be filed with the Director at Salem, Oregon. Applications shall be typed so that the paragraphs and headings correspond with the information required. All applications shall be accompanied by the documents specified in OAR 690-051-0070, or 690-051-0100, and shall be dated and designated as "Exhibit A", "Exhibit B", etc.

(2) If the information required by these rules does not apply to the proposed project, it shall be noted on the application with a brief statement why the information does not apply.

(3) Information required to file an application is listed in the rules reference in section (1) of this rule. At any time, the Director may require additional information from the applicant.

(4) Applications on which no hearing has been held, shall meet all the requirements in these rules.

(5) Any municipal corporation of this state or utility district organized under section 12, Article XI, Oregon Constitution who has applied to the Federal Energy Regulatory Commission (FERC) for a preliminary permit, an exemption from licensing, or a notice of intent to construct a qualifying conduit hydropower facility shall, at the same time, apply to the Water Resources Department for:

(a) A permit under ORS 537.140 to appropriate water for a hydroelectric project, or

(b) For a certificate to use water for hydroelectric purposes within an artificial delivery system under the applicant’s existing water right under ORS 543.765.

(6) Any person other than in (5) above who has applied to the FERC for a preliminary permit, a license, an exemption from licensing, or a notice of intent to construct a qualifying conduit hydropower facility shall, at the same time apply to the Water Resources Department for:

(a) A state preliminary permit under ORS 543.210,

(b) A license under ORS 543.260, or

(c) A certificate to use water for hydroelectric purposes within an artificial delivery system under the applicant’s existing water right under ORS 543.765.

(7) An applicant for a new hydroelectric project shall submit to the Department a complete copy of any application filed with FERC or similar application to another federal agency responsible for authorizing the project.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0060 Consultation

All applicants shall consult with appropriate government entities. Consultation shall occur before an application for a License or Permit is filed. The first consultation may occur with the agency representatives after the Preliminary Permit application has been accepted. Evidence of the consultation shall be filed with the License or Permit application. At a minimum, applicants shall consult with the Water Resources Department and affected local governments and the agencies under each heading listed below:

(1) Fish and Wildlife Resources:

(a) Oregon Department of Fish and Wildlife (ODFW);

(b) U.S. Fish and Wildlife Service (USF&WS);

(d) Appropriate Indian tribe(s) identified by the Legislative Commission on Indian services; and

(e) Northwest Power and Conservation Council (NPCC), if the proposed project is within a Protected Area designated by the Columbia River Basin Fish and Wildlife Program (2014); including Protected Areas adopted August 10, 1988, as subsequently amended (September 14, 1988 and August 8, 1990, August 13, 1992).

(2) Water Quality: Oregon Department of Environmental Quality (DEQ).

(3) Historic, Cultural and Archaeological Resources:

(a) State Historic Preservation Officer (SHPO); and

(b) Appropriate Indian tribe(s) identified by the Legislative Commission on Indian Services.

(4) Forestlands:

(a) U.S. Forest Service;

(b) U.S. Bureau of Land Management; and

(5) Wetlands:

(a) Oregon Department of State Lands (DSL);

(b) Oregon Parks and Recreation Department (OPRD); and

(6) Scenic -- Aesthetic Resources,

(a) Planning department of each affected local government;

(b) DEQ (re: noise standards);

(d) Oregon Parks and Recreation Department.

(7) Recreation Resources:

(a) Oregon Parks and Recreation Department;

(b) Federal managing agency, if public land or a national Wild and Scenic River; and

(8) Land Use and Access:

(a) Planning department of each affected local government;

(b) Appropriate state land management agencies;

(d) Landowner(s), if private land.

(9) Threatened and Endangered Species:

(a) ODFW;

(b) USF&WS; and

(10) Natural Areas: OPRD.

History

Statutory/Other Authority: ORS 197, 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0070 Applications for Preliminary Permits: Contents and Scope of Evaluation

All applications for Preliminary Permits shall include information described in this rule. The applicant shall supply the information in sufficient detail to evaluate the potential for cumulative impacts with other proposed, approved and existing projects in the river basin. Information shall also be sufficient to identify interests, issues and areas of concern that require detailed assessment in the application for a License for hydroelectric development. An application shall be deemed incomplete and shall not be accepted for filing if it lacks any of the following required information.

(1) The name and address of the applicant including every person, association of persons, domestic corporation or municipality that has any proprietary right or interest in the project. If the applicant is a municipality, the applicant must submit copies of applicable state or local laws or a municipal charter or any such other appropriate legal authority, evidencing that the municipality is authorized under such laws to engage in the business of development, transmitting, or distributing power.

(2) A description of the location of the project, giving the county or counties within which located and stream or streams from which water is to be appropriated.

(3) The quantity of water to be appropriated.

(4) If a reservoir is to be used in connection with the project, the application shall state the quantity of water to be stored, the maximum surface area in acres, the name of the stream(s) on which the reservoir is to be located or the name of the stream(s) or aquifer from which the stored water is to be collected or both.

(5) The head to be utilized and the number of THP to be developed. The number of THP shall be determined by multiplying the quantity of water to be diverted in cubic feet per second by the vertical head in feet and dividing the product by 8.8.

(6) The approximate location of the point(s) of diversion and the quantity of water to be taken at each point.

(7) The approximate length of the proposed canal, pipeline or other conduit, the approximate location of the proposed power plant and the point where water will be returned to some natural stream.

(8) The approximate height of diversion or storage dams and the material from which they will be constructed.

(9) A legible map to be prepared on U.S. Geological Survey topographic quadrangle sheets showing the general location of the project including all dams, reservoirs, canals, pipelines, forebays, power plants, and streams, and the location of such data shall be given with respect to township and section lines. If on unsurveyed land, the location shall be with respect to projections of township and section lines.

(10) A statement describing the proposed use or market for the power to be developed.

(11) The name and mailing address of all property owners:

(a) Within 300 feet of the project boundary if the project is within an urban growth boundary; or

(b) Within 1,000 feet if the project is outside of an urban growth boundary giving also the amount of land under the adjacent property owners ownership in acres or hectares.

(12) The length of time for which a Preliminary Permit is desired. A Preliminary Permit may be issued for a period not exceeding two years. This period may be extended by order of the Director. An extension may not exceed one year.

(13) An an exhibit, the application must contain a description of the proposed project, specifying and including, to the extent possible:

(a) The number, physical composition, dimensions, general configuration and, where applicable, age and condition, of any dams, spillways, penstocks, powerhouses, tailraces, or other structures, whether existing or proposed, that would be part of the project;

(b) The total estimated average annual energy production and installed capacity (provide only one energy and capacity value), the estimated number, rated capacity, and, where applicable, the age and condition, of any turbines and generator, whether existing or proposed, that would be part of the project works.

NOTE: The energy production figures submitted with the Preliminary Permit are recognized as estimates. The actual values will be established in the draft License application.

(c) Any other information demonstrating how the proposed project would develop, conserve, and utilize in the public interest the water resources of the state.

History

Statutory/Other Authority: ORS 197, 536.025, 536.027, 537 & 543
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0080 Application of Standards to Preliminary Permits

(1) Preliminary Permit applications shall be approved unless the Director finds the proposed project would not be in the public interest because of significant adverse impacts on natural resources or other uses of the water involved. The Commission shall act on all Preliminary Permits proposed in a designated Protected Area.

(2) Information in the application and hearing record will be used to assess the public interest and to form conditions to be included in the Commission or Director’s order on the application. Approval of a Preliminary Permit application shall not convey the right to construct any project facilities. Issuance of a Preliminary Permit shall not constitute approval or assurance of approval for any subsequent application for hydroelectric license for the project. Failure to comply with conditions in the approval order may result in the cancellation of the Preliminary Permit.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0090 Applications for Minor Projects: Contents, Scope of Evaluation and Application of Standards

(1) An application shall be filed for each minor License or Permit. An application must contain the information in OAR 690-051-0070. No application shall be filed for a project in a designated resource area described in OAR 690 051 0030 without the consent of the managing agency.

(2) The Department shall receive the application together with the filing fee and date stamp the application which will thereafter serve as the priority date of the application. If the application is for an area withdrawn from hydroelectric development by the Commission the application and filing fee may be returned.

(3) The Department may schedule a site visit to the proposed project with other agency representatives. A public hearing shall be held only if the Director deems it in the public interest to do so. The hearing may be limited to specific issues. Notice of the hearing shall meet the requirements specified in OAR 690-051-0130(3). Upon acceptance of a minor hydroelectric application, the following review process shall apply:

(a) Upon filing of a minor hydroelectric application, the Director shall notify the following groups and individuals of the information described in subsection (b) of this section:

(A) Affected local, state and federal agencies, including the planning departments of affected local governments with a request that a copy of said notice be posted in a conspicuous location in the county courthouse;

(B) Property owners within 300 feet of the proposed powerhouse;

(D) All persons on the Department's weekly notice list.

(b) The notice shall include but is not limited to the following information:

(A) Application file number;

(B) Applicant name and address;

(D) Common name of water source;

(E) Location of the proposed point of diversion and point of power generation;

(F) Purpose for which the power would be used;

(G) Total amount of power to be developed;

(H) If a pond or reservoir is part of the project, how much water will be impounded.

(c) A 30 day comment period shall commence on the day the Department sends the notice. The notice shall state the date comments must be received by the Department;

(d) Following the comment period, the Department shall prepare a proposed final order with findings to address whether the proposed project together with any recommended measures to protect, mitigate, or enhance the natural resources of the State is consistent with the minimum standards in ORS 543.017 and the requirements in OAR 690 051 0160 through 690 051 0270 and whether the project would impair or be detrimental to the public interest as provided in ORS 543.225. The proposed final order shall include the action proposed to be taken on the minor hydroelectric application;

(e) The proposed final order shall be distributed to the applicant and all individuals, including all governmental agencies, who have filed timely comments with the Department. The report shall state the date by which protests must be received by the Director (60 days from the date it was distributed);

(f) Comments or protests must state facts which support the allegation that the proposed minor hydroelectric use should not be acted upon as proposed by the proposed final order. Upon receiving a protest, the Director shall:

(A) Transmit copies of any protest timely filed to the applicant and all commentors;

(B) Evaluate the protest to determine whether significant issues are raised and if so shall refer the application, with accompanying protest, to the Office of Administrative Hearings (OAH) established under ORS 183.605 to 183.685 for a contested case hearing. If the Director determines the protests do not raise significant issues, the Director shall issue a final order. A final order issued pursuant to this section is a final order in other than a contested case subject to judicial review under ORS 183.484.

(4) If the application is referred for a contested case hearing, a proposed order shall be issued by the Administrative Law Judge (ALJ) after the hearing. Any party to the contested case hearing may file exceptions to the ALJ’s proposed order. Exceptions must be filed with the Department within 30 days of the order. If no exceptions are filed to the ALJ’s proposed order within 30 days, the Director shall issue a final order consistent with subsection (6) below.

(5) If exceptions are filed to the ALJ’s proposed order, the Director shall review/hear argument (written or oral, at his/her discretion) and make the final determination for the final order.

(6) If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Director determines that the proposed use would not comply with the standards of ORS 543.017 and the requirements of OAR 690-051-0160 through 690-051-0290 or would otherwise impair or be detrimental to the public interest as provided in ORS 543.225, the Director shall issue a final order rejecting the application or modifying the proposed order to comply with ORS 543.017 and the public interest. If, after the contested case hearing the Director determines that the proposed use would comply with the standards of ORS 543.017 and would not impair or be detrimental to the public interest as provided in ORS 543.225, the Director shall issue a final order approving the application or otherwise modifying the proposed order.

(7) A final order may set forth any of the provisions or restrictions to be included in the permit or minor License concerning the use, control and management of the water to be appropriated for the project, including, but not limited to, a specification of reservoir operation and minimum releases to protect the public interest.

(8) If the project is approved a Permit or minor License shall then be issued after any balance due on the application filing fee has been paid.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0095 Applications for Major Projects: Scope of Evaluation and Application of Standards

This rule establishes the process the applicant, the Department and those participating in the process must follow and defines the stages of application review and processing as required by ORS 543.280(4). The fee for each stage must be paid at the beginning of each stage of project review. If an applicant submits an application in any stage other than stage one, the total fees due up to an including that stage will be due upon submittal. Municipal corporations and utility districts follow the consultation requirements described however, no Preliminary Permit is required.

(1) Stage One 20 Percent of Fee: Preliminary Permit and Consultation:

(a) The Department shall receive the application together with the filing fee and date stamp the application which will thereafter serve as the priority date of the application (if the application is for an area withdrawn from hydroelectric development by the Commission the application and filing fee will be returned):

(A) The application shall be returned for correction or completion if defective. Additional information may be requested;

(B) Upon receipt of an application that is complete and not defective, notice of the application shall be printed in the Department weekly notice.

(b) The Department shall distribute copies of the application to the other agency representatives. The Department shall set a meeting date with the applicant to appear before the other agency representatives to give a presentation of the project;

(c) The applicant shall prepare a draft study plan for the project and distribute it to the appropriate agencies listed in OAR 690 051 0060 as applicable. For each of the resources that may be impacted, the written study plan should include the following major study elements and phases:

(A) Objectives;

(B) Resource background;

(D) Study area;

(E) Methodology;

(F) Sampling location and number, frequency and timing of sampling;

(G) Data treatment and analysis;

(H) Report preparation;

(I) Schedule; and

(J) Review of draft and final technical reports by resource agencies.

(d) The Department shall schedule a site visit and a public hearing for the purpose of providing information and receiving public questions and comment on the proposed project. Notice of the public hearing shall conform to OAR 690-051-0130;

(e) The Department shall establish a comment period during which the other affected agencies or the public shall review and comment on the draft study plan supplied by the applicant;

(f) The Director shall issue an order to modify, approve or reject the Preliminary Permit application based upon the standard set out at OAR 690-051-0080;

(g) The Preliminary Permit is denied or issued by the Director.

(2) Stage Two 30 Percent of Fee: Study and Draft Application:

(a) The applicant shall modify the study plan based upon the requirements imposed by the Preliminary Permit and submit it to the agencies and the Director for review. Notice of submittal shall appear in the Department weekly notice;

(b) An agency, tribe or the public may file a request with the Director for additional specific studies within 30 days of receipt of the final study plan;

(c) The applicant must file a response to a study request within 30 days of receiving notice from the Director of the request;

(d) The Director shall inform all participants of requests and responses to study requests that are received.

(e) The applicant shall conduct the studies in coordination with state and federal agencies;

(f) The applicant shall prepare a draft License or Permit application which it submits to the state and federal agencies and Indian tribes and makes available for public review. Notice of the opportunity to review the draft application shall be posted in the Department's weekly public notice;

(g) Comments on the studies and draft License or Permit application shall be submitted within a time specified by the Director who shall forward all responses to the other agency representatives and the applicant.

(3) Stage Three 30 Percent of Fee: Final Application, Cumulative Impact and Public Interest Reviews, Determinations and Hearings Process:

(a) The applicant shall file the Final License or Permit application with the Water Resources Department. Permit applications filed by municipal corporations or utility districts under ORS 537.140 for hydroelectric purposes and final license applications that are not following a preliminary permit application are also subject to the requirements of a public site visit and public hearing as in OAR 690-051-0095(1)(d). The Department shall distribute the application to the appropriate consultation agencies. The Department shall send notice of the application and of the filing to the local planning authority, affected property owners and public interest groups on record at the Water Resources Department as requesting such notices. The application shall be made available to the public by the project applicant and the Department;

(b) An agency, Indian tribe or member of the public who requests additional information shall notify the Director within 60 days after the application is so filed;

(c) The applicant shall file a response to additional information request(s) within 30 days of receiving notice from the Director of the request;

(d) The Director shall either accept or reject the applicant's position on additional studies and notify the affected parties accordingly;

(e) Once the application issues are resolved, a "ready for final review" notice shall be sent to agencies and interested parties by the Director (comments must be submitted within 60 days of the final review notice);

(f) The Director shall prepare a proposed final order that determines whether the proposed Project together with the recommended measures to protect, mitigate or enhance the natural resources of the State is consistent with the minimum standards of ORS 543.017, and the requirements of OAR 690-051-0160 through 690-051-0290 and whether the Project would impair or be detrimental to the public interest as provided in ORS 543.225. The proposed final order shall also provide findings on whether the proposed project may contribute to cumulative impacts with other existing, proposed or approved hydroelectric projects in the same river basin and whether consolidated review is required under ORS 543.255 and OAR 690-051-0290.

(g) The proposed final order shall be distributed to state and federal agencies, Indian tribes, owners of other proposed, approved or existing hydroelectric projects in the same river basin and other participants. Notice of the proposed final order shall be published in the Department’s weekly public notice.

(h) If the Director determines that consolidated review is required, the Department shall refer the matter to the OAH to conduct a contested case hearing only after the period to file protests has passed in order to allow for all issues regarding the proposed project to be addressed in one contested case hearing. Such hearing may be consolidated or bifurcated as the Department directs.

(i) If one or more protests are filed within 30 days after issuance of a proposed final order the Department shall refer the matter to the OAH for a contested case hearing as provided in ORS 543.230(2) and/or 543.255(3). All issues regarding the proposed project may be addressed in one hearing. The hearing may be consolidated or bifurcated as the Department directs. If no protest is filed the Director shall issue a final order consistent with subsection (l) below.

(j) A proposed order shall be issued by the ALJ after a contested case hearing. Any party to the contested case hearing may file exceptions to the ALJ’s proposed order. Exceptions must be filed with the Department within 30 days of the order. If no exceptions are filed to the ALJ’s proposed order within 30 days, the Director shall issue a final order consistent with subsection (l) below.

(k) If exceptions are filed to the ALJ’s proposed order, the Director shall review/hear argument (written or oral, at his/her discretion) and make the final determination for the final order.

(l) If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Director determines that the proposed use does not comply with the minimum standards of ORS 543.017 and the requirements of OAR 690-051-0160 through 690-051-0290 or would otherwise impair or be detrimental to the public interest as provided in ORS 543.225, the Director shall issue a final order rejecting the application or modifying the proposed final order to comply with ORS 543.017 and the public interest. If, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Director determines that the proposed use would comply with the standards of ORS 543.017 and would not impair or be detrimental to the public interest of ORS 543.225, the Director shall issue a final order approving the application or otherwise modifying the proposed final order. A final order may set forth any of the provisions or restrictions to be included in the permit or final License concerning the use, control and management of the water to be appropriated for the project, including, but not limited to, a specification of reservoir operation and minimum releases to protect the public interest.

(m) If the project is approved a Permit or final License shall then be issued per OAR 690-051-0095(4).

(4) Stage Four 20 Percent of Fee: Final Plan Review and Inspection:

(a) The License or Permit shall be issued or denied with conditions that the Director deems necessary;

(b) The applicant shall submit construction specifications to the Director:

(A) The Director shall distribute the plans and specification to appropriate agencies and collate issues to be addressed by the applicant;

(B) The plans shall be approved by the Director or modified by the applicant and approved or denied.

(d) The Director shall issue a Notice to Proceed;

(e) The applicant shall notify the Director of the beginning of construction;

(f) The Director shall conduct a final inspection of the constructed Project. For permits issued for applications filed under ORS 537.140 a water right certificate may be acquired according to ORS 537.250.

History

Statutory/Other Authority: ORS 536.025 & 536.027
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93

Or. Admin. R. 690-051-0100 Application for Major License or Permit: Contents, Scope of Evaluation

All applications for major Licenses or major Permits shall include the information described in this rule. The applicant shall supply the information in sufficient detail which also evaluates the potential for cumulative impacts with other proposed, approved and existing projects in the same river basin. An application shall be deemed incomplete and shall not be accepted for filing if it lacks any of the following information as it may apply to the project. Major projects which are of a size that an extraordinary financial burden is imposed by providing specific information required in this section may seek a waiver of the specific requirement from the Director by describing the specific nature of the hardship. The request for waiver shall be made at the time of application. The application shall contain:

(1) The name of the applicant and the name of the project. (Specify any previous FERC project number designation);

(2) The location of the proposed project, including — County; township or nearby town; Stream or other body of water.

(3) The exact name, business address, and telephone number of the applicant.

(4) Proof that the applicant is a citizen of the United States, association of citizens of the United States, domestic corporation or municipality. If the applicant is a corporation, it shall give the date and place of incorporation with the full name and official designation of each of the principal officers and of the directors of said corporation with their respective addresses. If the applicant is an association of citizens, each member shall make an affidavit of citizenship and the association shall submit its articles of association. If there are no articles of incorporation, the fact shall be stated over the signature of each member.

(5) Proof that the applicant complies with the statutory or regulatory requirements of the state with respect to the applicants right to engage in the business of developing, transmitting, and distributing power and in any other business necessary to accomplish the purposes of the License (provide citation and brief identification of the nature of each requirement; if the applicant is a municipality, the applicant must submit copies of applicable state or local laws or municipal charter or, if such laws or documents are not clear, any other appropriate legal authority, evidencing that the municipality is competent under such laws to engage in the business of developing, transmitting, utilizing, or distributing power, and, the steps which the applicant has taken, or plans to take, to comply with each of the laws cited above).

(6) An Exhibit A which shall be a description of the project. If the project includes more than one dam with associated facilities, each dam and the associated component parts must be described together as a discrete development. The description for each development must contain:

(a) The physical composition, dimensions, and general configuration of any dams, spillways, penstocks, powerhouses, tailraces or other structures proposed to be included as part of the project;

(b) The normal maximum water surface area and normal maximum water surface elevation (mean sea level); gross storage capacity of any impoundments to be included as part of the project;

(d) The number, length, voltage and interconnections of any primary transmission lines proposed to be included as part of the project;

(e) The description of any additional mechanical, electrical, and transmission equipment appurtenant to the project; and

(f) A list of property owners within 300 feet of the project boundary if the project is within an urban growth boundary or within 1,000 feet if the project is outside of an urban growth boundary giving their name, address and the amount of land under their ownership in acres or hectares.

(7) An Exhibit B which shall be a statement of project operation and resource utilization. If the project includes more than one dam with associated facilities, the information must be provided separately for each discrete development. The exhibit must contain:

(a) A description of each alternative site considered in selecting the proposed site;

(b) A description of any alternative facility designs, processes, and operations that were considered;

(c) A statement as to whether operation of the power plant will be manual or automatic, an estimate of the annual plant factor, and a statement of how the project will be operated during adverse, mean, and high water years; and

(d) An estimate of the dependable and average annual energy production in kilowatt-hours (or mechanical equivalent), supported by the following data:

(A) The minimum, mean, and maximum recorded flows in cubic feet per second of the stream or other body of water at the powerplant intake or point of diversion, with a specification of any adjustment made for evaporation, leakage, minimum flow releases (including duration of releases) or other reductions in available flow; a flow duration curve indicating the period of record and the gauging stations used in deriving the curve; and a specification of the critical streamflow used to determine the dependable capacity;

(B) An area-capacity curve showing the gross storage capacity and usable storage capacity of the impoundment, with a rule curve showing the proposed operation of the impoundment and how the usable storage capacity is to be utilized;

(C) The estimated hydraulic capacity of the powerplant in terms of flow and efficiency (cubic feet per second and one-half, full and best gate), and the corresponding generator output in kilowatts;

(D) A tailwater rating curve; and

(E) A curve showing powerplant capability versus head and specifying maximum, normal, and minimum heads.

(8) A statement of system and regional power needs and the manner in which the power generated at the project is to be utilized including the amount of power to be used onsite, if any, supported by the following data:

(a) Load curves and tabular data, if appropriate;

(b) Details of conservation and rate design programs and their historic and projected impacts on system loads; and

(9) A statement of the applicant’s plans for future development of the project or of any other existing or proposed water power project on the affected stream or other body of water, indicating the approximate location and estimated installed capacity of the proposed development.

(10) An Exhibit C which shall be a proposed construction schedule for the project. The information required may be supplemented with a bar chart. The construction schedule must contain:

(a) The proposed commencement and completion dates of any new construction, modification, or repair of major project works;

(b) The proposed commencement date of first commercial operation of each new major facility and generating unit; and

(c) If any portion of the proposed project consists of previously constructed, Licensed or unlicensed water power structures or facilities, a chronology of original completion dates of those structures or facilities specifying dates (approximate dates must be identified as such) of:

(A) Commencement and completion of construction or installation;

(B) Commencement of first commercial operation; and

(11) An Exhibit D which shall be a statement of project costs and financing. The exhibit must contain:

(a) A statement of estimated costs of any new construction, modification, or repair, including:

(A) The cost of any land or water rights necessary to the development;

(B) The total cost of all major project works;

(D) Interest during construction; and

(E) Overhead, construction, legal expenses, and contingencies.

(b) If any portion of the proposed project consists of previously constructed, Licensed or unlicensed water power structures or facilities, a statement of the original cost of those structures or facilities specifying for each, to the extent possible, the actual or approximate total costs (approximate cost must be identified as such) of:

(A) Any land or water rights necessary to the existing project works;

(B) All major project works; and

(c) A statement of the estimated average annual cost of the total project as proposed, specifying any projected changes in the costs (life-cycle costs) over the estimated financing or licensing period if the applicant takes such changes into account, including:

(A) Cost of capital (equity and debt);

(B) Local, state, and federal taxes;

(D) Operation and maintenance expenses, including interim replacements, insurance, administrative and general expenses, and contingencies;

(d) A statement of the estimated annual value of project power based on a showing of the contract price for sale of power or the estimated average annual cost of obtaining an equivalent amount of power (capacity and energy) from the lowest cost alternative source of power, specifying any projected changes in the costs (life-cycle costs) of power from that source over the estimated financing or licensing period if the applicant takes such changes into account.

(12) A statement and evaluation of the power consequences of denial of the License or Permit application and a brief perspective of what future use would be made of the proposed site if the proposed project were not constructed; and

(13) A statement specifying the source and extend of financing and annual revenues available to the applicant to meet the costs identified in section (11) of this rule.

(14) Exhibit E shall be an Environmental Report. Information provided in the report must be organized and referenced according to the itemized paragraphs below. See OAR 690-551-0060 for consultation requirements. See OAR 690-051-0170 through 690-051-0280 for a description of resource standards. Exhibit E must include a list of all publication, reports, and other literature which were cited or otherwise utilized in the preparation of any part of the environmental report. The Environmental Report must contain the following information:

(a) A General description of the locale. The applicant must provide a general description of the environment of the proposed project and its immediate vicinity. The description must include location and general information helpful to an understanding of the environmental setting.

(b) A report on water use and quality. The report must discuss water quality and flows and contain baseline data sufficient to determine the normal and seasonal variability, the impacts expected during construction and operation, and any mitigative, enhancement, and protective measures proposed by the applicant. The report must be prepared in consultation with the state and federal agencies with responsibility for management of water quality and quantity in the affected stream or other body of water. The report must include:

(A) A description of existing instream flow uses of streams in the project area that would be affected by construction and operation; estimated quantities of water discharged from the proposed project for power production; and any existing and proposed uses of project waters for irrigation, domestic water supply, industrial and other purposes;

(B) A description of the seasonal variation of existing water quality for any stream, lake, or reservoir that would be affected by the proposed project, including (as appropriate) measurements of: Significant ions, chlorophyll a, nutrients, specific conductance, pH, total dissolved solids, total alkalinity, total hardness, dissolved oxygen, bacteria, temperature, suspended sediments, turbidity and vertical illumination;

(C) A description of any existing lake or reservoir and any of the propose project reservoirs including surface area, volume, maximum depth, mean depth, flushing rate, shoreline length, substrate classification, and gradient for streams directly affected by the proposed project;

(D) A quantification of the anticipated impacts of the proposed construction and operation of project facilities on water quality and downstream flows, such as temperature, turbidity and nutrients;

(E) A description of measures recommended by local governments, federal and state agencies and the applicant for the purpose of protecting or improving water quality, stream flows, riparian areas, and wetlands during project construction and operation; an explanation of why the applicant has rejected any measures recommended by any agency; and a description of the applicant’s alternative measures to protect or improve water quality stream flow;

(F) A description of groundwater in the vicinity of the proposed project, including water table and artesian conditions, the hydraulic gradient, the degree to which groundwater and surface water are hydraulically connected, aquifers and their use as water supply, and the location of springs, wells, artesian flows and disappearing streams; a description of anticipated impacts on groundwater and measures proposed by the applicant and others for the mitigation of impacts on groundwater; and

(c) A report on fish, wildlife, and botanical resources. The applicant must provide a report that describes the fish, wildlife, and botanical resources in the vicinity of the proposed project; expected impacts of the project on these resources; and mitigation, enhancement, or protection measures proposed by the applicant. The report must be prepared in consultation with the state agency or agencies with responsibility for these resources, including the Oregon Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, The National Marine Fisheries Service (if proposed project may affect anadromous, estuarine, or marine fish resources), and any local government, state or federal agency with managerial authority over any part of the proposed project lands. The report must contain:

(A) A description of existing fish, wildlife, and plant communities of the proposed project area and its vicinity, including any downstream areas that may be affected by the proposed project and within the transmission line corridor or right-of-way. A map of vegetation types shall be included in the description. For species considered important because of their commercial or recreational value, the information provided should include temporal and spatial distributions and densities of such species. Any fish, wildlife, or plant species proposed or listed as threatened or endangered by the U.S. Fish and Wildlife Service, National Marine Fisheries Service, Oregon Department of Fish and Wildlife or Department of Agriculture must be identified;

(B) A description of the anticipated impacts on fish and wildlife and botanical resources of the proposed construction and operation of project facilities, including possible changes in size, distribution, and reproduction of essential population of these resources and any impacts on human utilization of these resources;

(C) A description of any measures or facilities recommended by state or federal agencies for the mitigation of impacts on fish, wildlife, and botanical resources, or for the protection or enhancement of these resources, the impact on threatened or endangered species, and an explanation of why the applicant has determined any measures or facilities recommended by an agency are inappropriate as well as a description of alternative measures proposed by the applicant to protect fish and wildlife and botanical resources; and

(D) The following materials and information regarding any mitigation measures or facilities, identified under the clause in paragraph (C) of this subsection, proposed for implementation or construction:

(i) Functional design drawings;

(ii) A description of proposed operation and maintenance procedures for any proposed measures or facilities;

(iii) An implementation, construction and operation schedule for any proposed measures or facilities;

(iv) An estimate of the costs of construction, operation, and maintenance of any proposed facilities or implementation of any measures;

(v) A statement of the sources and amount of financing for mitigation measures or facilities; and

(vi) A map or drawing showing, by the use of shading, crosshatching or other symbols, the identity and location of any proposed measures or facilities.

(d) A report on historical and archaeological resources. The application must provide a report that discusses any historical and archaeological resources in the proposed project area, the impact of the proposed project on those resources and the avoidance, mitigation, and protection measures proposed by the applicant. The report must be prepared in consultation with the State Historical Preservation Office (SHPO)and National Park Service of the U.S. Department of Interior. The report must contain:

(A) A description of any discovery measures, such as surveys, inventories and limited subsurface testing work recommended by the specified state and federal agencies for the purpose of locating, identifying, and assessing the significance of historic and archaeological resources that would be affected by construction and operation of the proposed project, together with a statement of the applicant’s position regarding the acceptability of the recommendations;

(B) The results of surveys, inventories, and subsurface testing work recommended by the state and federal agencies listed above, together with an explanation by the applicant of any variations from the survey, inventory, or testing procedures recommended;

(C) An identification (without providing specific site or property locations) of any historic or archaeological site in the proposed project area, with particular emphasis on sites or properties either listed in the affected local government(s) comprehensive plan, or recommended by the SHPO for inclusion in, the National Register of Historic Places that would be affected by the construction of the proposed project;

(D) A description of the likely direct and indirect impacts of proposed project construction or operation on sites or properties either listed in, or recommended as eligible for, the National Register of Historic Places;

(E) A management plan for the avoidance of, or mitigation of, impacts on historic or archaeological sites and resources based upon the recommendations of the local government, state and federal agencies listed above and containing the applicant’s explanation of variations from those recommendations; and

(F) The following materials and information regarding the mitigation measures described under paragraph (14)(d)(E) of this rule:

(i) A schedule for implementing the mitigation proposals;

(ii) An estimate of the cost of the measures; and

(iii) A statement of the sources and extent of financing;

(iv) The applicant must provide five copies of any survey, inventory, or subsurface testing reports containing specific site and property information, and including maps and photographs showing the location and any required alteration of historic and archaeological resources in relation to proposed project facilities.

(e) A report on socio-economic impacts. The applicant must provide a report which identifies and quantifies the impacts of constructing and operating the proposed project on employment, population, housing, personal income, local governmental services, local tax revenues and other factors within the cities and counties in the vicinity of the proposed project. The report must include:

(A) A description of the socio-economic impact area;

(B) A description of employment, population and personal income trends in the impact area;

(C) An evaluation of the impact of any substantial immigration of people on the impact area’s governmental facilities and services, such as police, fire, health and educational facilities and programs;

(D) The onsite personnel requirements and payroll during and after project construction, including a projection of total onsite employment and construction payroll provided by month;

(E) The numbers of project construction personnel who:

(i) Currently reside within the impact area;

(ii) Would commute daily to the construction site from places situated outside the impact area; and

(iii) Would relocate on a temporary basis within the impact area.

(F) A determination of whether the existing supply of available housing within the impact area is sufficient to meet the needs of the additional population;

(G) Numbers and types of residences and business establishments that would be displayed by the proposed project, procedures to be utilized to acquire these properties, and types and amounts of relocation assistance payments that would be paid to the affected property owners and businesses; and

(H) A fiscal impact analysis evaluating the incremental local government expenditures in relation to the incremental local government revenues that would result from the construction of the proposed project. Incremental expenditures may include, but are not limited to, school operating costs, road maintenance and repair, public safety, and public utility costs.

(f) A report on geological and soil resources. The applicant must provide a report on the geological and soil resources in the proposed project area and other lands that would be directly or indirectly affected by the proposed action and the impacts of the proposed project on those resources. The information required may be supplemented with maps showing the location and description of conditions. The report must be prepared in consultation with the Oregon Department of Geology and Mineral Industries. The report must contain:

(A) A detailed description of geological features, including bedrock lithology, stratigraphy, structural features, glacial features, unconsolidated deposits, and mineral resources;

(B) A detailed description of the soils, including the types, occurrences, physical and chemical characteristics, erodability and potential for mass soil movement;

(C) A description showing the location of existing and potential geological and soil hazards and problems, including earthquake faults, seepage, subsidence solution cavities, active and abandoned mines, erosion, and mass soil movement and an identification of any large landslides or potentially unstable soil masses which could be aggravated by reservoir fluctuation;

(D) A description of the anticipated erosion, mass soil movement and other impacts on the geological and soil resources due to construction and operation of the proposed project; and

(E) A description of any proposed measures or facilities for the mitigation of impacts on soils.

(g) A report on recreational resources. The applicant must prepare a report containing a proposed recreation plan describing utilization, design and development of project recreational facilities, and public access to the project area. Development of the plan should include consideration of the needs of the physically handicapped. Public and private recreational facilities provided by others that would abut the project should be noted in the report. The report must be prepared in consultation with appropriate local, regional state and federal recreation agencies and planning commissions, and any other agency with managerial responsibility for any part of the project lands. The report must contain:

(A) A description of any areas within or in the vicinity of the proposed boundary that are included in, or have been designated for study for inclusion in:

(i) The National Wild and Scenic Rivers Systems;

(ii) The Oregon Scenic Waterway Program;

(iii) The National Trails System; or

(iv) The Oregon Recreation Trails System Act of 1971;

(v) Oregon Natural Heritage Conservation Areas;

(vi) A wilderness area designated under the Wilderness Act;

(B) A detailed description of existing recreational facilities within the project vicinity, and the public recreational facilities which are to be provided by the applicant at its sole cost or in cooperation with others no later than three years from the date of the first commercial operation of the proposed project and those recreation facilities planned for future development based on anticipated demand. When public recreation facilities are to be provided by other entities, the applicant and those entities shall enter into an agreement on the type of facilities to be provided and the method of operation. Copies of agreements with cooperating entities are to be appended to the plan;

(C) A provision for a shoreline buffer zone that must be within the project boundary, above the normal maximum surface elevation of the project reservoir, and of sufficient width to allow public access to project lands and waters and to protect the scenic, public recreational, cultural and other environmental values of the reservoir shoreline;

(D) Estimates of existing and future recreational use at the project, in daytime and overnight visitation (recreation days), with a description of the methodology used in developing these data;

(E) A development schedule and cost estimates of the construction, operation, and maintenance of existing initial and future public recreational facilities, including a statement of the source and extend of financing for such facilities;

(F) Adescription of any measures or facilities recommended by the agencies consulted for the purpose of creating, preserving, or enhancing recreational opportunities at the proposed project, and for the purpose of ensuring the safety of the public in its use of project lands and waters, including an explanation of why the applicant has rejected any measures or facilities recommended by an agency; and

(G) A drawing or drawings, one of which describes the entire project area clearly showing:

(i) The location of project lands and the types and number of existing recreational facilities and those proposed for initial development, including access roads and trails, and facilities for camping, picnicking, swimming, boat docking and launching, fishing and hunting, as well as provisions for sanitation and waste disposal;

(ii) The location of project lands and the type and number of recreational facilities planned for future development;

(iii) The location of all project lands reserved for recreational uses other than those included in subparagraphs (g)(G)(i) and (ii) of this section; and

(iv) The project boundary (excluding surveying details) of all areas designated for recreational development, sufficiently referenced to the appropriate Exhibit G drawings to show that all lands reserved for existing and future public recreational development and the shoreline buffer zone are included within the project boundary.

(h) A report on aesthetic resources. The applicant must provide a report that describes the aesthetic resources of the proposed project area, the expected impacts of the project on these resources, and the mitigation enhancement or protection measures proposed. The report must be prepared following consultation with federal, state, and local agencies having managerial responsibility for any part of the proposed project lands or lands abutting those lands. The report must contain:

(A) A description of the aesthetic character of lands and waters directly and indirectly affected by the proposed project facilities;

(B) A description of the anticipated impacts on aesthetic resources from construction activity and related equipment and material, and the subsequent presence of proposed project facilities in the landscape;

(C) A description of mitigative measures proposed by the applicant, including architectural design, landscaping, and other reasonable treatment to be given project works to preserve and enhance aesthetic and related resources during construction and operation of proposed project facilities; and

(D) Maps, drawings and photographs sufficient to provide an understanding of the information required under this paragraph. Maps or drawings may be consolidated with other maps or drawings required in this exhibit.

(i) A report on land use. The applicant must provide a report that describes the existing uses of the proposed project lands and adjacent property, and those land uses which would occur if the project is constructed. The report may reference the discussions of land uses in other sections of this exhibit. The report must be prepared following consultation with local planning and land management authorities, and any federal or state agency with managerial responsibility for the proposed project or abutting lands. The report must include:

(A) A description of existing land use in the proposed project area, including identification of wetlands, floodlands, and high value or important farm land identified pursuant to OAR 660, division 33 and the coastal zone described in the Oregon Coastal Zone Management Program, and, land owned or subject to control by government agencies;

(B) A description of the proposed land uses within and abutting the project boundary that would occur as a result of development and operation of the project; and

(C) Aerial photographs, maps, drawings or other graphics sufficient to show location, extent and nature of the land uses referred to in this section.

(j) Alternative locations, designs, and energy sources. The applicant must provide an environmental assessment of the following:

(A) Alternative sites considered in arriving at the selection of the proposed project site;

(B) Alternative facility designs, processes, and operations that were considered and the reasons for their rejection;

(C) Alternative electrical energy sources, such as gas, oil, coal, and nuclear-fueled power plants, purchased power or diversity exchange, and other conventional and pumped-storage hydroelectric plants; and

(D) The overall consequences if the License application is denied.

(15) Exhibit F consists of general design drawings of the principal project works described under Exhibit A and supporting information used as the basis of design. If the Exhibit F submitted with the application is preliminary in nature, applicant must so state in the application. The exhibit must consist of ink drawings, or drawings of similar quality, on sheets no smaller than 8-1/2 inches by 11 inches, drawn to a scale no smaller than one inch equals 50 feet for plans, elevations, and profiles, and one inch equals 10 feet for sections.

(a) The drawings must show all major project structures in sufficient detail to provide a full understanding of the project, including:

(A) Plans (overhead view);

(B) Elevations (front view);

(D) Sections.

(b) The applicant may submit preliminary design drawings with the application. The final Exhibit F may be submitted during or after the licensing process and must show the precise plans and specifications for proposed structures. If the project is Licensed on the basis of preliminary designs, the applicant must submit a final Exhibit F for Department approval prior to commencement of any construction of the project;

(c) Supporting design report. The applicant must furnish, at a minimum, the following supporting information to demonstrate that existing and proposed structures are safe and adequate to fulfill their stated functions and must submit such information in a separate report at the time the application is filed. The report must include:

(A) An assessment of the suitability of the site and the reservoir rim stability based on geological and subsurface investigations, including investigations of soils and rock borings and tests for the evaluation of all foundations and construction materials sufficient to determine the location and type of dam structure suitable for the site;

(B) Copies of boring logs, geology reports and laboratory test reports;

(C) An identification of all borrow areas and quarry sites and an estimate of required quantities of suitable construction material;

(D) Stability and stress analyses for all major structures and critical abutment slopes under all probable loading conditions, including seismic and hydrostatic forces induced by water loads up to the Probable Maximum Flood as appropriate; and

(E) The base for determination of seismic loading and the Spillway Design Flood in sufficient detail to permit independent staff evaluation.

(d) The applicant must submit five copies of this part of the supporting design report described in subsection (15)(c) of this rule at the time preliminary and final design drawings are submitted to the Director for review. If the report contains preliminary drawings, it must be designated a “Preliminary Supporting Design Report.”

(16) Exhibit G shall be a map of the project. All maps, plans, and drawings are required to be certified by a professional engineer registered by the Board of Engineering Examiners of Oregon as required by ORS 672.010 to 672.340 and shall bear the date and number of the certificate of registration of the professional engineer. The map must consist of ink drawings or drawings of similar quality on sheets no smaller than 8-1/2 inches by 11 inches and no larger than 24 inches by 36 inches, drawn to a scale no smaller than one inch equals 1,000 feet. If more than one sheet is used, the sheets must be numbered consecutively, and each sheet must bear a small insert sketch showing the entire project and indicating that portion of the project depicted on that sheet. If at any time after the application is filed there is any change in the project boundary, the applicant must submit, within a reasonable period following the completion of project construction, a final Exhibit G showing the extent of such changes. The map must show:

(a) Location of the project and principal features. The map must show the location of the project as a whole with reference to the affected stream or other body of water and, if possible, to a nearby town or any other permanent monuments or objects, such as roads, transmission lines or other structures, that can be noted on the map and recognized in the field. The map must also show the relative locations and physical interrelationships of the principal project works and other features described under Exhibit A;

(b) Project boundary. The map must show a project boundary enclosing all project works and other features described under Exhibit A that are to be Licensed. If accurate survey information is not available at the time the License application is filed, the applicant must so state, and a tentative boundary may be submitted. The boundary must enclose only those lands necessary for operation and maintenance of the project and for other project purposes, such as recreation, shoreline control or protection of environmental resources (Exhibit E). Existing residential, commercial, or other structures may be inclined within the boundary only to the extent that underlying lands are needed for project purposes (e.g., for flowage, public recreation, shoreline control, or protection of environmental resources). If the boundary is on land covered by a public survey, ties must be shown on the map at sufficient points to permit accurate platting of the position of the boundary relative to the lines of the public land survey. If the lands are not covered by a public land survey, the best available legal description of the position of the boundary must be provided, including distances and directions from fixed monuments or physical features. The boundary must be described as follows:

(A) Contour lines, including the contour elevation (preferred method);

(B) Specified courses and distances (metes and bounds);

(D) Any combination of the above methods.

(d) Continuous features. The boundary around linear (“continuous”) project features such as access roads, transmission lines, and conduits may be described by specified distances from center lines or offset lines of survey. The width of such corridors must not exceed 200 feet unless good cause is shown for a greater width. Several sections of a continuous feature may be shown on a single sheet with information showing the sequence of contiguous sections;

(e) Noncontinuous features:

(A) The boundary around noncontinuous project works such as dams, spillways, and powerhouses must be described by one of the following:

(i) Contour lines;

(ii) Specified courses and distances;

(iii) If the project lands are covered by a public land survey, lines upon or parallel to the lines of the survey; or

(iv) Any combination of the above methods.

(B) The boundary must enclose only those lands that are necessary for safe and efficient operation and maintenance of the project or for other specified project purposes, such as public recreation or protection of environmental resources.

(f) Ownership of property (keyed to the ownership information in Exhibit A), including all federal, state and private ownership, must be identified as such on the map by:

(A) Legal subdivisions of a public land survey of the affected area (a protraction of identified township and section lines is sufficient for this purpose); and

(B) In the absence of a public land survey, the location of the ownerships according to the distances and directions from fixed monuments or physical features. When a federal survey monument or federal bench mark will be destroyed or rendered unusable by the construction of project works, at least two permanent, marked witness monuments or bench marks must be established at accessible points. The maps show the location (and elevation, for bench marks) of the survey monument or bench mark which will be destroyed or rendered unusable, as well as of the witness monuments or bench marks. Connecting courses and distances from the witness monuments or bench marks to the original must also be shown.

(g) Lands over which the applicant has acquired or plans to acquire rights to occupancy and use other than fee title, including rights acquired for easement or lease;

(h) Provisions for protection of special management areas as defined in OAR690-051-0170(2) or areas otherwise restricted from development within the project vicinity.

(17) Exhibit H shall be a technical evaluation subject to Director approval of the potential for cumulative impacts on the natural resources listed in OAR 690-051-0190 through 690-051-0250 resulting from the proposed project when considered with other existing, approved and proposed hydroelectric projects in the river basin.

[ED. NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 197, 536.025, 536.027, 537 & 543
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0130 Hearings Requirements for Preliminary Permits, Licenses and Permits; Notice of Hearings

(1) A public hearing shall be held on each application for a Preliminary Permit or as required under 690-051-0095(3)(a). The public hearing shall be held in a community near the proposed project with notice provided pursuant to section (2) of this rule.

(2) Notice of hearing shall be given to:

(a) The applicant;

(b) Interested parties;

(d) The affected tribe(s) as identified by the Legislative Commission on Indian Services;

(e) The governing body(ies) of any affected county(ies) or city(ies); and

(f) The planning department(s) of the affected county(ies) or city(ies) as provided by ORS Chapters 183, 537 and 543.

(3) The Director, through press releases or additional notices, also shall endeavor to provide general notice to individuals or organizations who have expressed an interest in the outcome of the proceedings.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0140 Time and Place of Hearings

The conduct of contested hearings shall be as provided in OAR 137-003-0501 through -0700. The contested case hearing may be heard at the Director's office in Salem.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0150 Filing of Protest and Remonstrances

(1) All protest and requests for standing must be filed with the Director within the time specified in the notice. To become a party to a contested case hearing the fees required under ORS 536.050(1) (j), (n), and/or (o) as appropriate must also be submitted by the notice date.

(2) Any person may submit a protest against a proposed final order. A protest shall be in writing and shall include:

(a) The name, address and telephone number of the protestant;

(b) A description of the protestant's interest in the proposed final order and, if the protestant claims to represent the public interest, a precise statement of the public interest represented;

(c) A detailed description of how the action proposed in the proposed final order would impair or be detrimental to the protestant's interest;

(d) A detailed description of how the proposed final order is in error or deficient and how to correct the alleged error or deficiency;

(e) Any citation of legal authority supporting the protest, if known; and

(f) For persons other than the applicant, the protest fee required under ORS 536.050.

(3) Any person who supports the proposed final order may request standing for purposes of participating in any contested case proceeding on the proposed final order or for judicial review of a final order. The request for standing must be in writing, signed by the requester, and include the following:

(a) The requester's name, mailing address and telephone number;

(b) If the requester is representing a group, association or other organization, the name, address and telephone number of the represented group;

(d) A detailed statement of how the requester would be harmed if the proposed final order is modified; and

(e) The fee established under ORS 536.050.

(4) Any person who has filed a timely request for standing may later file a petition for party status in any contested case hearing subsequently held on the matter for which standing was requested, in the manner described in OAR 137-003-0535.

(5) Each person submitting a protest or a request for standing shall raise all reasonably ascertainable issues and submit all reasonably available arguments supporting the person's position by the close of the protest period.

(6) The Department shall send a copy of all protests and requests for standing received to the applicant, the protestant(s), if any, and to each person who requested standing.

History

Statutory/Other Authority: ORS 536.027, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93>br> WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0160 Standards for Evaluation

The standards in OAR 690-051-0170 to 690-051-0290 implement the provisions of ORS 537.160, 537.170, 543.017, 543.225 and 543.255 for the review of all hydroelectric applications. To be approved, a project must comply with the minimum standards in ORS 543.017 and the requirements of OAR 690-051-0170 to 690- 051-0290, and must not impair or be detrimental to the public interest as provided in ORS 543.225.

History

Statutory/Other Authority: ORS 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0170 Protection of Designated Resource Areas and Special Management Areas

(1) The Director shall consult with the managing agency for any proposed projects having effects on a designated resource area listed in OAR 690-051-0030(1) or a special management area listed in section (2) of this rule to determine conditions that may be required to ensure the proposed use is consistent with the authorized use of the area.

(2) Section (1) of this rule applies to the following special management areas:

(a) National wildlife refuges;

(b) National recreation areas;

(d) State forests;

(e) County parks;

(f) City parks;

(g) Special district parks;

(h) Sites listed in or determined eligible for inclusion on the National Register of Historic Places;

(i) Areas managed by federal agencies for study, inclusion or designation as a special management area under federal law or regulation; and

(j) Areas under study by state agencies for inclusion in or designation as a special management area under state statute or regulation.

(k) Protected areas designated by the Columbia River Basin Fish and Wildlife Program (2014); including Protected Areas adopted on August 10, 1988, and subsequently amended (September 14, 1988 and August 8, 1990, August 13, 1992).

(3) All applications for projects in or affecting the Columbia Gorge shall be consistent with the policy in the Columbia River Gorge National Scenic Area. P.L. 99-663.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0180 Mitigation, No Net Loss

(1) The following standards on mitigation and no net loss are minimums. They apply to all natural resources in the project vicinity. Resource specific rules may impose stricter standards. In order to approve an application, the Director must determine the natural resources of the state will be maintained or enhanced. In making such a determination, the following standards must be applied:

(a) No activity may be approved that may result in the net loss of natural resources. In determining whether a proposed activity may result in a net loss of natural resources, the department may consider mitigation.

(b) Proposed mitigation must be in the project vicinity and determined as acceptable to the Director or Commission;

(d) The Collective benefits of all mitigation measures must equal or exceed the collective adverse impacts on natural resources so there is no net loss of natural resources.

(2) In applying the standards in section (1) of this rule, the Commission or Director shall:

(a) Consult with federal, state, and local resource agencies, and the appropriate affected tribe(s); and

(b) Prefer mitigation that benefits the natural resource(s) affected, over mitigation that benefits some other natural resource(s). If mitigation that benefits the affected natural resource(s) is unacceptable or not possible, mitigation that benefits some other natural resource(s) may be considered.

(3) The standards in section (1) of this rule shall apply to the following natural resources: water quality; wildlife; scenic and aesthetic resources; historic, cultural, and archaeologic; agricultural lands; forest resources; wetlands; plant life; fish life; recreation; soils; and natural communities and geologic features.

(4) At the Director's discretion, the standards in section (1) of this rule may apply to natural resource(s) not identified in section (3) of this rule that an applicant or interested party can demonstrate to be a natural resource of value to the public. Anyone making a showing of value for a natural resource not listed in section (3) of this rule shall also propose, for consideration, a standard for the protection of the natural resource. If agreed by the Director and upon acceptable showing of public value, an applicant may propose enhancement or other mitigation of an unlisted natural resource to offset impacts on natural resources listed in section (3) of this rule.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0190 Water Resources

The Director and Commission shall determine whether the proposed project would impair or be detrimental to the public interest so far as the coordinated, integrated state water resources policy is concerned. In order to approve an application, the Director shall have due regard for:

(1) The amount of waters available for appropriation for beneficial use.

(2) Whether the proposed use will preclude or interfere with any existing rights or permits for the use of water.

(3) Whether the proposed use is consistent with the applicable State Water Resources Policies in OAR chapter 690, divisions 400, 410 and the Basin Program in OAR chapter 690, divisions 500 through 520 or, in the absence of a policy, the proposed use is consistent with the policies set forth in ORS 536.300 through 536.350.

(4) Whether the project is consistent with achieving maximum economic development of the waters involved.

(5) Whether the project is consistent with making the fullest practical use of the stream's hydroelectric potential in the project vicinity.

(6) Whether the project will constitute wasteful, uneconomic, impracticable or unreasonable use of the waters involved.

(7) Whether the project, including mitigation and enhancement measures, is consistent with conserving the highest use of the waters of the state for all beneficial purposes.

(8) Whether the project is consistent with controlling the waters of the state for all beneficial purposes, including, drainage, sanitation and flood control.

(9) Whether construction and operation of the proposed project complies with water quality standards established in OAR chapter 340, division 41. Exceptions to this standard may be allowed if permitted by Division 41 rules, and granted by the DEQ.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0200 Fish Resources

(1) Per ORS 543.017, anadromous salmon and steelhead resources and habitats shall be preserved. It is the policy of the State to protect the natural resources of the state from possible adverse impacts of a project (ORS 543.015). In order to approve an application, the Director or Commission may require that applicants implement, operate and maintain measures to mitigate for possible adverse impacts specific to a Project. The Department shall consider the need for the following mitigation measures to protect fish habitats and/or fish resources including but not limited to:

(a) Providing for fish passage around diversion structures, dams or reservoirs with appropriate bypass flows, ladders and/or other measures as may be required by ODFW under ORS 509.580 to 509.585;

(b) Screening of intakes to prevent juvenile entrainment through turbines as may be required by ODFW under ORS 498.301 to 498.321;

(d) Controlling ramping rates to prevent stranding of fish;

(e) Avoiding delay of upstream or downstream migration;

(f) Managing wood and gravel through the project to maintain or enhance habitat conditions; and/or other impacts.

(2) Evidence of a fish screening agreement or waiver with ODFW; a fish passage waiver, exemption or agreement with the ODFW or the Oregon Fish and Wildlife Commission; and/or an agreement to implement final terms and conditions recommended by ODFW to the FERC under Section 10(j) or 30(c) of the Federal Power Act shall satisfy these standards, as applicable.

(3) All projects which divert water away from a portion of a stream, excepting those processed under ORS 543.765, may be conditioned to provide bypass flows for aquatic habitat protection before water may be diverted for power production.

(4) Unavoidable adverse impacts on fish or to fish management programs will be mitigated;

(a) Project construction, timing and procedures are designed to minimize fishery impacts from instream construction work and premature or unnecessary land clearing and disturbances;

(b) All fishery protective measures are scheduled to be fully functional when the project commences operations; and

(5) No project shall be approved that would result in a net loss of wild game fish. In order to approve an application, the Director shall apply the following standards:

(a) A project, any part of which is located on a river or stream reach used by wild game fish, or that would adversely affect wild game fish, shall include acceptable mitigation measures which:

(A) Are located in the project vicinity;

(B) Are in effect at the time of adverse impact or start of project operation, whichever comes first;

(D) Will prevent conversion of a wild game fish population and fishery to a hatchery dependent resource;

(E) Are consistent with ODFW management plans and programs in force on the effective date of these rules; and

(F) Employ workable and generally accepted methods and techniques of mitigation best suited to the affected fish resource(s).

(6) No project shall be approved that may result in mortality or injury to an individual anadromous salmon or steelhead or loss of any salmon or steelhead habitat. In order to approve an application, the Director shall apply the following standards:

(a) If proposed at an undeveloped site, it is not reasonably foreseeable that the location, design, construction or operation of the project may result in mortality or injury to an individual anadromous salmon or steelhead or loss of any salmon or steelhead habitat; and

(b) Modification of an existing facility or project on a stream reach used by anadromous salmon or steelhead or providing anadromous salmon or steelhead habitat shall include acceptable measures that:

(A) Are reasonably certain to restore, enhance or improve existing salmon and steelhead populations in the affected river;

(B) Comply with wild game fish standards in paragraphs (5)(a)(C) and (D) of this rule if the affected salmon or steelhead populations contain wild fish;

(D) Employ workable and generally accepted methods and techniques best suited to the fish resources affected by the proposed project; and

(E) Are in effect at the time of adverse impact or start of project operation, whichever comes first.

(7) In order to approve an application for a project within the Columbia River Basin, the Director shall find that the proposed project complies with the fish protection, mitigation and enhancement requirements of the Northwest Power and Conservation Council (NPCC) Columbia River Basin Fish and Wildlife Program.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & cert. ef. 10-13-86

Or. Admin. R. 690-051-0210 Wildlife

Wildlife and wildlife habitats in the project vicinity shall be maintained or enhanced. In order to approve an application, the Director shall apply the following standards:

(1) The location, design, construction or operation of the proposed project shall not jeopardize the continued existence of animal species which have been:

(a) Designated, or officially proposed by the USF&WS, or the NMFS as threatened or endangered pursuant to the Endangered Species Act of 1973; or

(b) Identified by the Oregon Fish and Wildlife Commission or ODFW as threatened, endangered, limited or sensitive in Oregon.

(2) The location, design, construction and operation of project facilities will minimize adverse impacts on wildlife habitat, nesting and wintering grounds, and wildlife migratory routes.

(3) Project construction methods and scheduling will minimize disruption of wildlife and avoid premature or unnecessary land clearing in the project vicinity.

(4) Unavoidable adverse impacts on wildlife or wildlife habitat will be mitigated in the project vicinity by acceptable methods such as replacement of vegetation, regulation of reservoir levels, creation of aquatic habitat, improvements in wildlife carrying capacity in the project vicinity or acquisition of land or management rights.

(5) The project is consistent with applicable ODFW management programs in force on the effective date of these rules;

(6) If, within the Columbia River Basin, the project is consistent with the provisions of the NPCC's Columbia River Basin Fish and Wildlife Program and the Northwest Conservation and Electric Power Plan.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0220 Plant Life

In order to approve an application, the Director shall apply the following standard: that the location, design, construction or operation of the proposed project shall not jeopardize the continued existence of plant species which are:

(1) Designated or officially proposed by the USF&WS as threatened or endangered pursuant to the Endangered Species Act of 1973.

(2) Identified by the Oregon Department of Agriculture as endangered, threatened or candidate species in Oregon.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0230 Recreation

No project may be approved that would result in a net loss of recreation opportunities. Scenic and aesthetic values shall be maintained or enhanced. In order to approve an application, the Director shall apply the following standards:

(1) Project facilities will be designed, located and operated to substantially avoid visible or audible intrusion on the natural setting integral to existing recreational facilities, activities or opportunities.

(2) The proposed project will not reduce the abundance or variety of recreational facilities or opportunities available in the project vicinity.

(3) Unavoidable adverse impacts on nonwater dependent recreation facilities, activities or opportunities will be mitigated in the project vicinity by providing acceptable replacement facilities or opportunities of the same or similar nature and abundance.

(4) The project will not have significant adverse impacts on any unique, unusual or distinct natural feature which provides the focus or attraction for non water dependent recreational facilities or activities.

(5) Unavoidable adverse impacts on any water dependent recreational opportunity will be mitigated with acceptable replacement by or enhancement or another water dependent recreational opportunity available in the project vicinity.

(6) The proposed project will not cause the loss of or significant adverse impact to any water dependent recreational opportunities of statewide significance.

(7) Adverse impacts on any specific elements, such as flow regime, length of reach, access, season of use, degree of difficulty, of a water dependent recreational opportunity of statewide significance, will be offset by acceptable enhancement to other element(s) of the same water dependent recreational opportunity in the project vicinity.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0240 Hist.: Cultural and Archaeological Resources

end_of_rule<<<

(1) Historic, cultural and archaeological resources shall be maintained or enhanced. In order to approve an application, the Director shall apply the following standards:

(a) The project will not result in significant adverse impact(s) on any historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places;

(b) The project will comply with state laws to protect Indian graves (ORS 97.740–97.760), historical materials (ORS 273.705, 273.711) and archaeological objects and sites (ORS 358.905, 358.955);

(c) Unavoidable adverse impacts on historic, cultural and archaeological resources will be mitigated in accordance with generally accepted professional standards; and

(d) Archaeological data of significance associated with a site not eligible for inclusion in the National Register of Historic Places will be recovered in accordance with generally accepted professional standards.

(2) Before filing an application for a License or Permit, developers shall consult with the State Historic Preservation Office, the State Legislative Commission on Indian Services and appropriate tribes about Indian historic and cultural resources in the project vicinity.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0250 Land Resources

In order to approve an application, the Director shall apply the following standards:

(1) Adverse impacts on high value or important farmlands or agricultural land as identified in OAR Chapter 660, Division 33, shall be avoided, minimized or offset by acceptable mitigation.

(2) Adverse impacts on prime forestlands as defined by the city or county and by the Oregon Forestry Department shall be avoided, minimized, or offset by acceptable mitigation.

(3) Adverse impacts on wetlands as defined by OAR 141 085 or identified by the Department of State Lands will be avoided, minimized, or offset by acceptable mitigation.

(4) Project facilities shall be designed and located to avoid or minimize adverse impacts on:

(a) Outstanding scenic and aesthetic views and sights inventoried in city and county comprehensive plans as required by Statewide Planning Goal 5; and

(b) Scenic and aesthetic resources identified by state or federal agencies as outstanding, significant or deserving special protection including natural areas designated under ORS 273.563 to 273.591.

(5) Project facilities will be designed and located to blend with adjacent features.

(6) Mechanical noise caused by the project complies with applicable noise standards in OAR Chapter 340, Division 35.

(7) The location, design, construction or operation of the project will not:

(a) Disturb fragile or unstable soils; or

(b) Cause soil erosion which would impair other water uses.

(8) Project facilities located in geologically unstable areas are designed with appropriate safeguards.

(9) Project facilities located in areas subject to naturally occurring conditions or hazards, such as flooding or ice formation are designed to withstand damage to project facilities and allow reasonable access for project maintenance or operation under such conditions.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0260 Land Use

(1) The Director or Commission shall meet requirements established in OAR 690-005-0045 (Standards for Goal Compliance and compatibility with Acknowledged Comprehensive Plans) in evaluating, or taking action on, a Permit or License for hydroelectric use.

(2) In the event of a land use dispute, as defined in OAR 690-005-0015 (Definitions), the Department shall follow resolution procedures provided in 690-005-0040 (Resolution of Land Use Disputes).

History

Statutory/Other Authority: ORS 197, 536.025, 536.027, 537 & 543
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0280 Need for Power

In order to approve an application, the Director, shall make a finding on the need for power. In making this finding the Director shall consider the present and future power needs, taking into consideration:

(1) Whether there is a need for project power based upon:

(a) Consultation with the Oregon Department of Energy on the most current regional power plan for an analysis of need for development of hydropower or renewable energy resources within the Columbia River region; or

(b) Evidence of a contract for the sale of power, and

(c) For projects greater than 25 MW, any recommendation by the Energy Facility Siting Council based on information contained in the hearing record for the application.

(2) Section (1) of this rule shall not apply to applications for the following types of projects:

(a) Small facilities intended to supply power for on site uses;

(b) Projects which primarily use existing storage, diversion or water conveyance facilities where the operation of the power project will foster reductions in water losses or increases in the efficiency of water use;

(c) Multiple purpose projects where the project is based primarily on other uses and in which power is a compatible project purpose; or

(d) Projects by public or municipal utilities which will serve only the applicant utility's customers.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0290 Consolidated Review

(1) The Director shall enter an order on the potential that the proposed project may contribute to cumulative impacts with other existing, approved or proposed hydroelectric projects in the same river basin. It is presumed that if there are other existing, approved or proposed projects, in the same river basin, there is a potential for cumulative impacts. This presumption may be rebutted by showing the impacts of the proposed project are so small in extent, short termed or localized that there is no reasonable likelihood of cumulative impacts. The Director shall consult with the agencies listed in OAR 690-051-0060 on cumulative impacts. Natural resources on which the potential for cumulative impacts will be considered are listed in OAR 690-051-0190 through 690-051-0250.

(2) If the Director determines the proposed project may have unacceptable cumulative impacts, a consolidated review shall be conducted. The review will cover all existing, approved and proposed projects in the same river basin. Existing and approved projects shall not be subject to any action by the Director or the Commission resulting from the consolidated review. If an applicant for a proposed project does not wish to be included in the consolidated review, the application may be withdrawn and refiled at a later date. The application may be subject to a later consolidated review if refiled.

(3) If two or more of the applications are competing for the same site, only one will be chosen to proceed in the consolidated review. Preference will be given to the project best suited to the site. Suitability shall be based on the criteria in OAR 690-051-0320.

(4) The consolidated review shall be conducted as a contested case hearing. Applicants and owners of all existing, approved and proposed projects in the affected basin will be advised of the need for a consolidated review contested case hearing. Applicants and owners shall be advised not less that 90 days before the hearing so they may prepare. Notice advising of the need for a consolidated review shall be sent by registered or certified mail. Separate notice will be given when the hearing actually is to take place. This notice will be as required by ORS 183.415.

(5) The consolidated review shall include a study of the individual and cumulative impacts each project would cause on the natural resources discussed in OAR 690-051-0190 through 690-051-0250. Cumulative impacts on any given natural resource shall be considered unacceptable if the level of impact would exceed any of the natural resource standards set forth in OAR 690-051-0190 through 690 051 0250.

(6) The purpose of the consolidated review will be to determine if the individual and cumulative impacts of proposed projects meet the natural resource standards in OAR 690-051-0190 through 690-051-0250. If the individual impacts of the applicant's project would exceed any of the resource standards, the application shall be rejected. When cumulative impacts on a natural resource would violate the natural resource standards, proposed projects in the consolidated review will be chosen for further consideration on the basis of the following criteria:

(a) Contribution to cumulative impact(s) Projects exhibiting lesser potential contribution to cumulative impact(s) will be preferred over projects exhibiting greater potential contribution to cumulative impact(s);

(b) Individual impacts on natural resources Projects potentially causing impact on a lesser number of natural resources and/or having a lesser degree of impact on a given resource shall be preferred over projects potentially affecting a greater number of natural resources or having a greater degree of impact on a given resource;

(c) Project suitability Projects making more efficient use of water, developing more capacity, having greater annual output or producing more revenue will be preferred over projects that are less efficient, develop less capacity, have less annual output or produce less revenue;

(d) Mitigation Projects proposing more desirable mitigation in terms of restoration, improvement or enhancement will be preferred over projects proposing less desirable mitigation; and

(e) If no distinction can be made on the criteria in subsections (a) through (d) of this section, the final basis of decision will be priority of filing.

(7) Following the conclusion of the consolidated review contested case hearing, the Director will enter an order stating the findings on each proposed project included in the review. Applications for projects not selected for further consideration on the basis of criteria in section (5) of this rule, shall be rejected.

(8) Any application not filed in time to be included in the notice of contested case hearing for a consolidated review shall not be reviewed until after the Director has entered the final order on the proceeding.

(9) If there is only one proposed project in the river basin, the Director may initiate consolidated review proceedings at the applicant's request.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0300 Interim Orders

If, after reviewing an application for a Permit under ORS 537.170, the Director determines there is insufficient information to address the standards of OAR 690-051-0170 to 690-051-0280, the Director may either enter an order rejecting the application without prejudice or enter an interim order continuing the hearing and specifying the nature of any studies or information necessary to complete the assessment. An interim order may also contain provisions for coordination or consultation with applicable federal, state or local governmental resource agencies and owners of all lands in the project area.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0320 Competing Applications

(1) When filed with the Director, a notice of competing application shall also be served on other applicants for the same site.

(2) A competing application shall be filed with the Director within 180 days of the time the original application is filed. If a hearing notice for the original application has been published before 180 days have passed, a notice of intent to file a competing application shall be filed. The notice of intent shall be filed prior to the closing date for comments as stated in the hearing notice. The competing application itself shall be filed within 60 days of the comment closing date.

(3) When determining which competing application should be given preference, the Director shall consider:

(a) Conservation of the waterpower involved including:

(A) Efficiency within the system;

(B) Effect on instream fisheries;

(D) Other factors as the Director may deem appropriate.

(b) Use of the waterpower involved including:

(A) Availability of water;

(B) Existing rights;

(D) Other factors as the Director may deem appropriate.

(4) If the Director finds that both applications are equally well adapted to conserve and utilize the waterpower involved and are equal in every other way, preference shall be given to the application with the earliest filing date.

(5) If the Director finds that both applications are equally well adapted to conserve and utilize the waterpower involved and one applicant is a municipal corporation and the other is a private developer, preference shall be given to the municipal corporation.

(6) If the Director finds that both applications are equally well adapted to conserve and utilize the waterpower involved and one applicant is the holder of a valid Preliminary Permit and has priority under ORS 543.250, preference shall be given to the holder of the Preliminary Permit.

(7) Where one application is determined to be best adapted to conserve and utilize the water power involved and the other applicant is either a municipal corporation or has priority as the holder of a Preliminary Permit, the municipal corporation or holder of the Preliminary Permit shall be informed of specific reasons why its application is not as well adapted and shall be afforded a reasonable period of time to amend its application to be at least as well adapted as the competing application. If its application is amended to be at least as well adapted within the time allowed, preference will be given to the municipal corporation or holder of the Preliminary Permit.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0350 Minor Projects, Waiver of Provisions of Act Where the Licensee is Not a Public Utility

For minor projects of not more than 100 THP, the Director in issuing Licenses waives the following conditions, provisions, and requirements of ORS Chapter 543:

(1) ORS 543.530 which relates to the issuance of bonds or other evidence of indebtedness and the control thereof by the Commission.

(2) ORS 543.550 relating to liens against the project and providing that any sale shall be of the whole property embraced in the project unless a partial sale is approved by the Director.

(3) ORS 543.560 which requires the Licensee to execute to the State of Oregon a bond to the effect that the Licensee shall promptly make payment to all persons supplying labor, material, machinery, etc.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0380 Water Rights

The right to the use of the waters of the State of Oregon in connection with the development of any water power project for the generation of electricity under a License issued by the Director shall be vested in the Licensee while the License or any lawful extension is in force. Each License shall be conditioned so the right to use water is expressly made inferior in right and subsequent in time to any future appropriation of water upstream for beneficial consumptive use. On termination of the License, the right to use water may be converted as provided in ORS 543A.305. In case a project is taken over by the state or a municipality under the provisions of ORS 543.610, the right to use the waters previously used by the project shall continue in the state or the municipality until lawfully terminated, transferred, or converted as provided in ORS 543A.305.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0390 Failure to Construct Project or Utilize Water

(1) When starting construction, a Licensee must notify the Director using the form attached to the License. Similar notice must be sent to the Director when the project is completed.

(2) Whenever a Licensee fails to begin or complete construction work within the time fixed in the License or as lawfully extended or fails to proceed with construction with due diligence, or, after completing the work, fails to use or operate the project for any period of five consecutive years, the Director shall, after due notice given, terminate the License by a written order. If, after two years’ nonuse of the Licensed project there is a conflicting application for or claim to use of the water, the Licensee may be required by the Director to show why the conflicting application should not be granted and the License in question terminated.

(3) The holder of a Preliminary Permit may request an extension of time to complete feasibility studies and prepare a License application. A Licensee may request an extension of time to begin or complete construction under a hydroelectric license. Extension requests shall be made on forms provided by the Director or on an acceptable substitute prepared by the applicant.

(4) Applications for extensions of time must contain the following information:

(a) Name, address and telephone number of the applicant;

(b) File number and type of Permit or License;

(d) Work previously completed.

(5) In considering applications for extension of time, the Director shall consider:

(a) Preliminary Permits (additional one-year maximum) including:

(A) Adequacy and timeliness of required six-month reports; and

(B) Studies completed within the term of Permit.

(b) Beginning of construction under License (one extension for maximum of two additional years); and

(A) Whether an extension is in the public interest; and

(B) Whether construction has been carried on in good faith and with reasonable diligence.

(6) No legally allowable request for extension of time shall be denied if the reasons for delay are litigation or required actions by other state and federal agencies.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0400 Application Filing Fees

(1) An applicant for a Preliminary Permit or License for a project or for a Permit to appropriate water for power purposes shall pay to the state a project fee based on the capacity of the project to cover costs of recording, publishing notices, conducting the hearing required by ORS 543.225 and making investigations necessary to determine whether a Permit should be granted.

(2) The amount of the total project fee required under section (1) of this rule shall be:

(a) For a project of less than 100 theoretical horsepower, $1,000;

(b) For any project of 100 theoretical horsepower or more, an amount equal to $5,000 plus $1,000 per megawatt for each megawatt of capacity in excess of five megawatts, up to a maximum of $100,000;

(3) The project fee shall be payable in advance of each of four stages of project review as described in OAR 690 051 0095 as follows:

(a) For minor projects less than 100 theoretical horsepower, fifty percent of the fee at the time the application is filed and the fifty percent remaining fee charge when the License is issued;

(b) For major projects, the fee shall be collected as follows:

(A) Stage One 20 percent; not to exceed $2,500;

(B) Stage Two 30 percent;

(D) Stage Four 20 percent.

(c) If any stage is skipped, the fee at the time of submittal shall be the total application fee due up to and including the stage of current application review.

(4) In addition to the project fee required under this section, any applicant for a project to be sited at a location where anadromous fish or threatened or endangered species are present shall pay a surcharge of 30 percent of the total project fee. The surcharge shall be collected in conjunction with the project fee at each stage of the project review.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537, 543 & ORS 543.078
Statutes/Other Implemented: ORS 543.078
WRD 1-2022, amend filed 03/22/2022, effective 03/23/2022
WRD 1-2021, temporary amend filed 12/10/2021, effective 12/10/2021 through 06/07/2022
WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16
WRD 2-1993, f. & cert. ef. 5-19-93
WRD 14-1986, f. & ef. 10-13-86

Or. Admin. R. 690-051-0410 Agreements Between Municipal and Private Applicants

(1) A district or municipal applicant and a private applicant may contract together for the purpose of developing hydroelectric power. The joint project may receive the benefit of municipal preference and proceed under the municipal application process if the benefit, interest and control retained by the district or municipal corporation is as follows:

(a) A minimum of 10 percent of the gross or 30 percent of the net project income annually, at the option of the applicant, unless excepted by the Commission;

(b) The proprietary interest in the project lands; and

(A) Compliance with all regulations conditions and orders of the Director, or in cases where the final order is approved by the Commission, the Commission, affecting the project;

(B) Maintenance of flow, fish passage facilities, screening devices and other structural facilities and operational measures required by the Director, or in cases where the final order is approved by the Commission, the Commission or the Oregon Department of Fish and Wildlife; and

(C) Payment of annual fees required by ORS 543.710 and 543.720 and expenses required by any agreement developed under ORS 543.265.

(2) Any changes in the terms of a contract between a district/municipal corporation and private applicant that affect section (1) of this rule, shall first be approved by the Director.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543
WRD 2-1993, f. & cert. ef. 5-19-93
RD 14-1986, f. & ef. 10-13-86

Division 52 DECOMMISSIONING RULES FOR NON-FERC PROJECTS

Or. Admin. R. 690-052-0000 Purpose

(1) The purpose of this division is to establish a process, create definitions, standards, procedures, filing requirements, and appeal rights for the decommissioning of hydroelectric projects operating solely under state authority and not under the authority of the Federal Energy Regulatory Commission.

(2) These rules apply to projects where the holder of a license, certificate, or claim, operating solely under state authority:

(a) Voluntarily requests to decommission; or

(b) Fails to advise the Department regarding project reauthorization, according to ORS 543A.300.

(3) These rules do not apply to projects that voluntarily requested license cancellation prior to June 30, 1997, the effective date of Oregon Laws 1997, Chapter 449.

(4) Other rule divisions and statutory chapters may also apply to the decommissioning of a hydroelectric project subject to these rules.

History

Statutory/Other Authority: ORS 536.027, 543A.300(2) & OL 1999, Ch. 873 & Sec. 26
Statutes/Other Implemented: ORS 543.092, 543 & 543A
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 4-2001, f. & cert. ef. 5-7-01

Or. Admin. R. 690-052-0010 Definitions

As used in OAR 690-052-0020 to 690-052-0160:

(1) "Dam" means an artificial barrier constructed above ground to impound or divert the natural flow of water in a river, stream or intermittent drainage, or to otherwise create by artificial barrier constructed above ground a pool for storage of water regardless of purpose or intent in creating the artificial barrier.

(2) "Director" means the Director of the Water Resources Department.

(3) "Injury" has the meaning given in OAR 690-015-0005(5).

(4) "Instream water right" has the meaning given that term in ORS 537.332.

(5) "Operator" means a person who owns or operates a hydroelectric project under the authority of a time-limited water right or a certified water right, including a registered claim for hydroelectric purposes that has a pre-1909 priority date.

(6) "Project" has the meaning given that term in ORS 543.010(2).

History

Statutory/Other Authority: ORS 536.027, 543A.300(2) & OL 1999, Ch. 873 & Sec. 26
Statutes/Other Implemented: ORS 543.092, 543 & 543A
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 4-2001, f. & cert. ef. 5-7-01

Or. Admin. R. 690-052-0020 Initiation of Decommissioning Process

(1) If an operator does not submit a notice of intent to reauthorize under ORS 543A.030, the Department shall within 60 days after the deadline for filing the Notice of Intent, request from the operator information regarding the decommissioning of the project pursuant to 543A.030(2), if the information has not already been filed. If the Department is unable to contact the operator, the Department may proceed with the decommissioning process, complying with the provisions of this chapter, as practical, in the absence of the operator.

(2) The Department does not have to initiate the decommissioning process upon receipt of the information requested in subsection (1) of this section. However, the Department shall initiate the decommissioning process at least one year prior to the expiration of the project’s license.

History

Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2)
Statutes/Other Implemented: ORS 543 & ORs 543A
WRD 25-2025, minor correction filed 12/19/2025, effective 12/19/2025
WRD 4-2001, f. & cert. ef. 5-7-01

Or. Admin. R. 690-052-0030 Public Notice and Comment

(1) After contacting the operator pursuant to OAR 690-052-0020 above, or if the Department is unable to contact the operator, the Department shall cause to be issued, a public notice of the decommissioning of the project.

(a) The public notice shall include:

(A) The name of the operator;

(B) The county, basin and stream, and the township, range and section, within which the project is located;

(D) A brief description of the project and the action prompting the decommissioning; and

(E) Information on submitting comments and on receiving notices in the future.

(b) The public notice shall be provided to:

(A) The operator, who will cause it to be published in a newspaper having general circulation in the community where the project is located;

(B) The Department’s weekly bulletin;

(D) Natural resource and other appropriate agencies.

(2) Publication of the notice, according to subsection (b)(A) of this section, shall be in a newspaper of general circulation in the area of the project, and shall be for a period of three consecutive weeks. A copy of the notice along with an affidavit of publication must be filed with the Department following completion of the notice period. The operator is responsible for the cost of publishing the notice in an appropriate newspaper.

(3) Within 60 days of the issuance of the public notice, any person interested in the decommissioning of the project may submit written comments to the Department and may request future notices about the project.

History

Statutory/Other Authority: ORS 536.027, 543A.300(2) & OL 1999, Ch. 873 & Sec. 26
Statutes/Other Implemented: ORS 543.092, 543 & 543A
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 4-2001, f. & cert. ef. 5-7-01

Or. Admin. R. 690-052-0040 Process Determination

(1) After the close of the comment period in OAR 690-052-0030, the Department shall determine whether the decommissioning plan will be developed through a standard or expedited process. In making the determination, the Department shall consider any information received from the operator, comments received from agencies and the public pursuant to 690-052-0030, and the following guidelines:

(a) The expedited process shall be used for projects without dams or other permanent structures in the stream, projects which use pipes or other easily removable works to divert or withdraw water from the stream.

(b) The standard process shall be used for projects using dams or other large permanent structures in the stream to create a reservoir or divert water.

(2) Not withstanding subsection (1) of this section, upon good cause, the Department may deviate from the guidelines in subsection (1) of this section when determining which decommissioning process to use.

(3) The Department shall promptly notify the operator and any person who provided comments, of its process decision.

History

Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2)
Statutes/Other Implemented: ORS 543 & ORS 543A
WRD 24-2025, minor correction filed 12/19/2025, effective 12/19/2025
WRD 4-2001, f. & cert. ef. 5-7-01

Or. Admin. R. 690-052-0050 Expedited Process

If the Department decides to conduct the decommissioning using the expedited process, within 120 days of making that decision, the Department shall develop an initial draft plan considering available information and comments received. Upon completion of the plan, the Department shall distribute the plan to state agencies for comment according to OAR 690-052-0080.

History

Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2)
Statutes/Other Implemented: ORS 543 & ORS 543A
WRD 23-2025, minor correction filed 12/19/2025, effective 12/19/2025
WRD 4-2001, f. & cert. ef. 5-7-01

Or. Admin. R. 690-052-0060 Standard Process; Decommissioning Application Review Team

(1)(a) If the Department decides to conduct the decommissioning using the standard process, the Department shall establish a Decommissioning Application Review Team (DART). The Department shall participate in and invite to the DART, representatives of the Departments of Environmental Quality, Fish and Wildlife, and any other agency that has regulatory or advisory responsibility for the state project or a resource or hazard affected by the project.

(b) Within 60 days of establishing the DART, the Department shall enter into an initial consultation with the operator and the DART to gain information about the project, evaluate possible decommissioning methods, and identify potential environmental impacts of a project decommissioning.

(2) Following the consultation, the Department shall develop an initial draft plan considering the information gathered during the consultation and any available information and comments received. Upon completion of the plan, the Department shall distribute the plan to state agencies for comment according to OAR 690-052-0080.

History

Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2)
Statutes/Other Implemented: ORS 543 & ORS 543A
WRD 22-2025, minor correction filed 12/19/2025, effective 12/19/2025
WRD 4-2001, f. & cert. ef. 5-7-01

Or. Admin. R. 690-052-0070 Decommissioning Plan; Standard for Review

(1) When developing an initial draft plan under OAR 690-052-0050 or 690-052-0060, or a draft decommissioning plan under 690-052-0090, the Department shall include terms and conditions in the plan to protect the public health and safety and the environment.

(2) In developing the terms and conditions of the decommissioning plan, the Department shall consider impacts to the items listed below if they are identified by comments or otherwise identified in the Department’s record for the project:

(a) Fish and wildlife during and after decommissioning;

(b) Water quality;

(d) Wetlands;

(e) Geohazards;

(f) Dam safety, including the protection of the public health and safety from the failure of any hydraulic works during and after decommissioning;

(g) Other resources including recreation; scenic and aesthetic values; historic, cultural, and archaeological sites; and botanical resources; and

(h) Instream water rights.

(i) Federal and local plans, including the plans of local watershed councils;

(j) Economic costs to the operator;

(k) Local and community economics;

(l) Tribal issues; and

(m) Overall environmental impact.

(3) The Department shall consider all other relevant issues raised by comments received.

History

Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2)
Statutes/Other Implemented: ORS 543.092, ORS 543 & ORS 543A
WRD 21-2025, minor correction filed 12/19/2025, effective 12/19/2025
WRD 4-2001, f. & cert. ef. 5-7-01

Or. Admin. R. 690-052-0080 Agency Comments

(1) Upon development of an initial draft plan under either OAR 690-052-0050 or 690-052-0060, the Department shall distribute the plan to the DART, if created, appropriate natural resource agencies, and any other agencies that provided comments under 690-052-0030, for a 60-day review and comment period.

(2) The Department shall consider all comments received under subsection (1) of this section and determine if the initial draft plan needs to be revised.

History

Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2)
Statutes/Other Implemented: ORS 543 & ORS 543A
WRD 20-2025, minor correction filed 12/19/2025, effective 12/19/2025
WRD 4-2001, f. & cert. ef. 5-7-01

Or. Admin. R. 690-052-0090 Draft Decommissioning Plan

Upon completion of the agency review process and any revisions, the Department shall issue the plan, as a draft decommissioning plan, for public notice and comment according to OAR 690-052-0100. The terms and conditions of the plan shall satisfy the standard set forth in 690-052-0070.

History

Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2)
Statutes/Other Implemented: ORS 543 & ORS 543A
WRD 19-2025, minor correction filed 12/19/2025, effective 12/19/2025
WRD 4-2001, f. & cert. ef. 5-7-01

Or. Admin. R. 690-052-0100 Public Notice and Comment for Draft Decommissioning Plan

(1) Department shall give public notice of the draft decommissioning plan in the weekly bulletin, and shall notify any person who requested notice under OAR 690-052-0030(3). The public notice shall include information on obtaining a copy of the draft decommissioning plan, on commenting on the draft plan, and on receiving notices in the future. The Department shall supply the operator, each member of the DART, and any agency supplying comments under 690-052-0080, with a copy of the draft decommissioning plan.

(2) Within 60 days after the public notice given under subsection (1) of this section, any person may submit written comments to the Department and may request future notices about the project.

(3) The Department shall consider any comments received under subsection (2) of this section and may revise the draft decommissioning plan.

History

Statutory/Other Authority: ORS 536.027, 543A.300(2) & OL 1999, Ch. 873 & Sec. 26
Statutes/Other Implemented: ORS 543.092, 543 & 543A
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 4-2001, f. & cert. ef. 5-7-01

Or. Admin. R. 690-052-0110 Proposed Final Order: Findings and Criteria; Protests

(1) Within 90 days of the close of the comment period in OAR 690-052-0100, a proposed final order, containing the draft decommissioning plan, shall be prepared by the Director. The plan shall comply with the standard set out in 690-052-0070.

(2) The proposed final order shall:

(a) Cite findings of fact and conclusions of law;

(b) Include a brief statement that explains the issues considered relevant to the development of the decommissioning plan; and

(3) The Department shall mail copies of the proposed final order to the operator, the DART if established, agencies providing comments, and to persons who have requested copies and paid the fee required under ORS 536.050(1)(e). The Department shall also give public notice of the proposed final order in the Department’s weekly bulletin.

(4) Any person may submit a protest against a proposed final order. A protest shall be in writing and shall include:

(a) The name, address and telephone number of the protestant;

(b) A description of the protestant's interest in the proposed final order and, if the protestant claims to represent the public interest, a precise statement of the public interest represented;

(c) A detailed description of how the action proposed in the proposed final order would impair or be detrimental to the protestant's interest;

(d) A detailed description of how the proposed final order is in error or deficient and how to correct the alleged error or deficiency;

(e) Any citation of legal authority supporting the protest, if known; and

(f) For persons other than the applicant, the protest fee required under ORS 536.050(1)(j).

(5) Protests on the proposed final order shall be submitted within 45 days after publication of the notice of the proposed final order in the weekly bulletin published by the Department. Any person who asks to receive a copy of the Department's proposed final order shall submit to the Department the fee required under ORS 536.050(1)(e), unless the person has previously requested copies and paid the required fee.

(6) Within 120 days after the close of the period for receiving protests, the director shall:

(a) Issue a final order as provided under OAR 690-052-0130; or

(b) Schedule a contested case hearing if a protest has been submitted and if:

(A) Upon review of the issues, the director finds that there are significant disputes related to the proposed decommissioning of the project; or

(B) Within 30 days after the close of the period for submitting protests, the applicant requests a contested case hearing.

(7) At the request of the applicant, the Department may extend the time periods set forth in subsection (6) of this section for a reasonable period of time.

History

Statutory/Other Authority: ORS 536.027, 543A.300(2) & OL 1999, Ch. 873 & Sec. 26
Statutes/Other Implemented: ORS 543.092, 543 & 543A
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 4-2001, f. & cert. ef. 5-7-01

Or. Admin. R. 690-052-0120 Contested Case Hearings

Contested case hearings will be conducted according to the terms and conditions set forth in Oregon Laws 1999, Chapter 849 (House Bill 2525), the rules adopted pursuant to that chapter, and any applicable Department rules.

History

Statutory/Other Authority: ORS 536.027, 543A.300(2) & OL 1999, Ch. 873 & Sec. 26
Statutes/Other Implemented: ORS 543.092, 543 & 543A
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 4-2001, f. & cert. ef. 5-7-01

Or. Admin. R. 690-052-0130 Exceptions to the Proposed Final Order; Final Order

(1) Any party may file exceptions and arguments with the Department within 20 days following the date of service of the proposed order on the parties to the contested case proceeding. Exceptions and arguments must be in writing, clearly and concisely identify the portions of the proposed order excepted to, and cite to appropriate portions of the record or to Commission statutes, rules, and policies to which modifications are sought in the exceptions.

(2) Where exceptions are timely filed to the proposed order, the Director shall either grant or deny the exceptions and issue an order either affirming or modifying the proposed order, consistent with OAR 137-003-0655.

(3) Where no exceptions are filed within the time period allowed in the proposed order, the Director shall issue an order either affirming or modifying the proposed order, consistent with OAR 137-003-0655.

(4) If a contested case hearing is not held, the Director shall issue an order either affirming or modifying the proposed order.

History

Statutory/Other Authority: ORS 536.027, 543A.300(2) & OL 1999, Ch. 873 & Sec. 26
Statutes/Other Implemented: ORS 543.092, 543 & 543A
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 4-2001, f. & cert. ef. 5-7-01

Or. Admin. R. 690-052-0140 Final Order Needed to Decommission

An operator of a hydroelectric project operating solely under the authority of the State of Oregon may not make physical changes to decommission the project except in accordance with a final order issued by the Water Resources Director under OAR 690-052-0130, and shall decommission the project according to such order. This section does not prohibit the operator from complying with the requirements of other state agencies.

History

Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2)
Statutes/Other Implemented: ORS 543 & ORS 543A
WRD 18-2025, minor correction filed 12/19/2025, effective 12/19/2025
WRD 4-2001, f. & cert. ef. 5-7-01

Or. Admin. R. 690-052-0150 Disposition of the Water Right

The hydroelectric water right for a project is subject to the provisions of ORS 543A.305 regarding the conversion of a hydroelectric water right to an instream right. Nothing in these rules or in 543A.305 prevents the operator from transferring a hydroelectric water right to an instream right according to 540.505 through 540.530, prior to conversion.

History

Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2)
Statutes/Other Implemented: ORS 543 & ORS 543A
WRD 17-2025, minor correction filed 12/19/2025, effective 12/19/2025
WRD 4-2001, f. & cert. ef. 5-7-01

Or. Admin. R. 690-052-0160 Modification of Time Limits

The Department, for good cause, may extend the time limits set forth in this division for a reasonable period of time.

History

Statutory/Other Authority: ORS 536.027 & ORS 543A.300(2)
Statutes/Other Implemented: ORS 543 & ORS 543A
WRD 16-2025, minor correction filed 12/19/2025, effective 12/19/2025
WRD 4-2001, f. & cert. ef. 5-7-01

Division 53 HYDROELECTRIC LICENSE, POWER CLAIM AND CERTIFICATE AMENDMENTS

Or. Admin. R. 690-053-0001 Purpose

(1) The purpose of this division is to establish procedures to be used by the Water Resources Department in evaluating applications for amendments to hydroelectric licenses, power claims or certificates. These rules do not apply to new project proposals. These rules describe the type of amendments that may be considered; the process that must be followed to approve amendments; and what steps must be taken to avoid injury to other water users, prevent undesirable impacts to natural resources, and to appeal Department decisions.

(2) These rules do not apply to:

(a) A change in point of diversion.

(b) A change in point of appropriation.

(d) The construction of a new dam in a location where there is no existing dam or diversion.

(e) Any repair, modification, or reconstruction of an existing dam that would result in a significant change in the surface area or elevation of an existing impoundment.

(f) Any modification to an existing hydroelectric project (including the replacement of existing turbines) which would result in an increase in the maximum hydraulic capacity of the project of 15 percent or more or would result in an increase in the project’s nameplate capacity of 2 megawatts or more as defined in regulations of the Federal Energy Regulatory Commission (FERC), 18 CFR 11.1(i).

(3) Meeting the terms and conditions of a hydroelectric license, water right permit or certificate is considered a beneficial use of water.

History

Statutory/Other Authority: ORS 543.092 & 536.027
Statutes/Other Implemented: ORS 543.092 & 543A
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 2-2001, f. & cert. ef. 3-30-01

Or. Admin. R. 690-053-0005 Definitions

The following definitions apply to the rules in this division:

(1) "Commission" means the Water Resources Commission.

(2) "Department" means the Water Resources Department.

(3) "Director" means the director of the Water Resources Department.

(4) "Augmentation of a hydroelectric water right" means diverting more water beyond the volume provided in the applicable hydroelectric water right over a calendar year. Augmentation does not include rescheduling or redistributing water use within a calendar year or installing more efficient generation equipment that allows the use of the same amount of water to produce more power.

(5) "Final Unified State Position" means the formal state comments described in ORS Chapter 543A.115 that are forwarded to the Federal Energy Regulatory Commission (FERC) by the Hydroelectric Application Review Team (HART) in response to an applicant’s final license application with FERC.

(6) "Applicable hydroelectric water right" means a license issued under ORS Chapter 543, a power claim or certificate issued under Chapters 537 or 543A for the generation of hydroelectric power, a decreed right issued according to Chapter 539 or pre-1909 uncertificated claim.

(7) "Injury to an existing water right" means a situation where the holder of a valid water right is prevented from receiving the water to which he/she is legally entitled.

(8) "Redistribution" means varying the amount of water over the seasons of a calendar year but not exceeding the total amount allowed for the year. The total yearly amount is computed by multiplying the daily rate by 365 days.

History

Statutory/Other Authority: ORS 543.092 & 536.027
Statutes/Other Implemented: ORS 543.092 & 543A
WRD 2-2001, f. & cert. ef. 3-30-01

Or. Admin. R. 690-053-0010 Amendment Application Form

An amendment application shall be prepared in ink or typewritten on forms provided by the Department. Applications shall contain the following information:

(1) Applicant’s name, mailing address, and telephone number.

(2) Name appearing on permit, certificate or license, if different.

(3) Type of change proposed.

(4) Number of the permit, certificate or license.

(5) Source of water.

(6) Date of priority.

(7) The existing points of diversion and points of use located accurately on a map in reference to a public land survey corner.

(8) A general description of the current facilities, including capacity.

(9) A statement explaining the reason for the proposed amendment consistent with 690-053-0020 through 0030.

(10) Evidence that the water has been used within the past five years in accordance with the terms and conditions of the permit, certificate or license. The evidence may include:

(a) Affidavits from knowledgeable persons, such as the owner or operator, a neighbor, power purchaser.

(b) Receipts or expenditures related to the use of water.

(11) If for a redistribution or augmentation of water use a letter from the affected wildlife and/or environmental quality agency endorsing the change.

(12) A listing of all affected local governments, including county, city, municipal corporations, and tribal governments.

(13) An oath that the information contained in the application is true and accurate.

(14) The signature of the applicant, and if an entity, the title of the authorized representative signing the form.

(15) The appropriate fee as required under ORS 536.050(h).

History

Statutory/Other Authority: ORS 543.092 & 536.027
Statutes/Other Implemented: ORS 543.092 & 543A
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 2-2001, f. & cert. ef. 3-30-01

Or. Admin. R. 690-053-0015 Notice Requirements

(1) The Department shall give notice of amendment applications received by publication in the Department's weekly notice "Public Notice of Water Use Requests." Any person interested in an amendment application shall submit written comments to the Department within 30 days of the weekly notice or the last day of the newspaper notice in 690-053-0015(2), whichever is later.

(2) After notice is published by the Department, the applicant shall arrange for publication of a notice provided by the Department in an appropriate newspaper having general circulation in the area in which the hydroelectric facility is located for a period of at least two weeks and not less than one publication each week. The applicant shall provide the Department with a certificate of publication.

(3) The notice must include the following information about the application:

(a) The application and project file number.

(b) The county of use.

(d) The applicants name and address.

(e) The date by which comments on the amendment application must be received by the Department.

(f) A statement that upon issuance of a draft proposed final order any person may file with the Department a protest against the approval of the application on the grounds of injury to an existing water right and impacts to fish and wildlife values or water quality.

(4) The Department shall send notice of all amendment applications to the planning departments of affected local governments, Indian tribes with lands inside the project boundary or with hunting and fishing rights within the project boundary, state natural resource agencies and the Hydroelectric Application Review Team if one was formed, and any federal agencies with jurisdiction over the project. Agency comments must be received within 30 days after the last date of publication shown on the notice to file comments. Notice shall be sent by regular mail, or with the consent of the recipient, by electronic means.

History

Statutory/Other Authority: ORS 543.092 & 536.027
Statutes/Other Implemented: ORS 543.092 & 543A
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 1-2012, f 1-31-12, cert. ef. 2-1-12
WRD 2-2001, f. & cert. ef. 3-30-01

Or. Admin. R. 690-053-0020 Amendment Criteria

Under ORS 543.092, upon the request of the hydroelectric water right, and the approval of the Department, a hydroelectric water right or certificate may be amended, provided that the amendment:

(1) Is consistent with the final unified state position for the project, if one exists;

(2) Is consistent with the requirements of ORS Chapter 543A;

(3) Causes no injury to other water rights that cannot be adequately mitigated as determined by the Water Resources Department; and

(4) Allows for public participation in the amendment process.

History

Statutory/Other Authority: ORS 543.092 & 536.027
Statutes/Other Implemented: ORS 543.092 & 543A
WRD 2-2001, f. & cert. ef. 3-30-01

Or. Admin. R. 690-053-0025 Types of Amendments that Will Be Considered Under These Rules

All amendments allowed in this section must be consistent with the standards in 690-053-0020.

(1) Hydroelectric water right holders as defined in ORS 543.075(2) may submit amendment applications that allow augmentations or redistribution of the volume of water allowed for diversion in the applicable hydroelectric water right only if the proposed amendments meet management goals of state wildlife or environmental quality agencies and are shown to restore, enhance or improve fish populations and/or water quality within the river systems. This includes:

(a) The rescheduling or redistributing of the total amount of water used over the year so that more water may be diverted during certain times of the year in exchange for reductions of water use during other times.

(b) Augmenting or increasing the total yearly amount of water provided that:

(A) The proposed augmentation does not require the construction of new facilities or change in the point of diversion or use.

(B) The proposed augmentation meets the resource protection standards in ORS Chapter 543A.025; and

(C) The proposed augmentation has water available from the proposed source during the times and in the amounts requested.

(D) Pursuant to ORS 543A.145(3), any augmentation will receive as a priority date the date of filing the amendment application.

(2) Hydroelectric water right holders may submit application amendments for the following:

(a) Adding fish protection and/or water quality as a beneficial use.

(b) Changing one or more items in the "water right conditions" section of the applicable hydroelectric water right provided that, after the application has been submitted, the affected state agencies have been consulted by the project owner and agree in writing that the amendment is needed.

(c) Hydroelectric water right holders may submit application amendments altering the date of expiration in the applicable hydroelectric water right to match the period granted by FERC.

(d) Clarifying language or correcting administrative errors.

(3) Other proposed amendments not identified in these rules may be considered by the Department provided that the proposed amendment meets the criteria in 690-053-0020.

History

Statutory/Other Authority: ORS 543.092 & 536.027
Statutes/Other Implemented: ORS 543.092 & 543A
WRD 2-2001, f. & cert. ef. 3-30-01

Or. Admin. R. 690-053-0030 Public Hearing

(1) Based on review of the application, public comments received, the size of the project and other pertinent information, the Director will determine whether a public meeting and a request for additional studies or consultation will be required.

(2) The public meeting may be omitted under one or more of the following circumstances:

(a) The project generates less than 100 theoretical horsepower of electricity;

(b) The proposed amendment does not involve a change in the annual amount of water used; or

(d) No public comments were received raising substantial issues.

(3) If the Director determines a public meeting is required, notice will be sent two weeks prior to the meeting to the applicant and to any person or agency submitting comments within the prescribed comment period or who participated in any earlier proceedings in the amendment process. Notice shall be sent by regular mail, or with the consent of the recipient, by electronic means.

History

Statutory/Other Authority: ORS 543.092 & 536.027
Statutes/Other Implemented: ORS 543.092 & 543A
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 1-2012, f 1-31-12, cert. ef. 2-1-12
WRD 2-2001, f. & cert. ef. 3-30-01

Or. Admin. R. 690-053-0035 Issuance of Amendment Order

After the close of the public comment periods, or the public hearing if one is held, and upon a finding that the proposed amendment meets standards in OAR 690-053-0020, the Department shall issue a proposed order within 120 days.

(1) In developing the proposed order, the Department shall consider all comments received under OAR-690-053-0015 and 0030, but the proposed order need not separately address each comment received.

(2) The proposed order shall include findings of fact and conclusions of law that show the standards in OAR 690-053-0020 and 0025 are met.

(3) The Department shall send by regular mail, or with the consent of the recipient, by electronic means, copies of the proposed order to the applicant and to persons who have requested copies. Within 15 days after issuing the proposed order, the Department shall publish notice of the order in the weekly notice published by the Department.

History

Statutory/Other Authority: ORS 543.092 & 536.027
Statutes/Other Implemented: ORS 543.092 & 543A
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 1-2012, f 1-31-12, cert. ef. 2-1-12
WRD 2-2001, f. & cert. ef. 3-30-01

Or. Admin. R. 690-053-0040 Protests

(1) Any person may submit a protest against a proposed amendment order. A protest shall be in writing and include:

(a) The name, address and telephone number of the protestant.

(b) A description of the protestant’s interest in the amendment and, if the protestant claims to represent the public interest, a precise statement of the public interest represented.

(d) A detailed description of how the amendment is in error or deficient and how to correct the alleged error or deficiency.

(e) Any citation of legal authority supporting the protest, if known.

(f) For persons other than the applicant, the protest fee required under ORS 536.050.

(2) Each person submitting a protest shall raise all reasonably ascertainable issues and submit all reasonably available arguments supporting the person’s position by the close of the protest period. Failure to raise a reasonably ascertainable issue in a protest or in a hearing or failure to provide sufficient specificity to afford the Department an opportunity to respond to the issue precludes judicial review based on that issue.

(3) Protests shall be submitted within 45 days after publication of the notice of the amendment in the weekly notice published by the Department.

(4) Within 10 days after the close of the filing period established under Section 3 of this rule, the Department shall send a copy of all protests to the applicant, and the protestant(s), if any.

History

Statutory/Other Authority: ORS 543.092 & 536.027
Statutes/Other Implemented: ORS 543.092 & 543A
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 2-2001, f. & cert. ef. 3-30-01

Or. Admin. R. 690-053-0045 Contested Case Hearings

(1) Within 30 days after the close of the period for receiving protests, the Director shall determine whether to issue a final order or schedule a contested case hearing.

(2) The determination of whether to conduct a contested case hearing will be made according to the provisions of OAR 690-310-0170.

(3) The contested case hearing will be conducted according to OAR 137, division 3.

History

Statutory/Other Authority: ORS 543.092 & 536.027
Statutes/Other Implemented: ORS 543.092 & 543A
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 2-2001, f. & cert. ef. 3-30-01

Or. Admin. R. 690-053-0050 Final Order

(1) If after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Director determines that the proposed amendment is consistent with the amendment criteria set forth in OAR 690-053-0020, the Director shall issue a final order approving the amendment. The approval shall be on such terms and conditions as are necessary to ensure compliance with the amendment criteria in OAR 690-053-0020.

(2) If the Director finds the proposed amendment does not comply with the amendment criteria set forth in OAR 690-053-0020, the Director shall issue a final order rejecting the application.

History

Statutory/Other Authority: ORS 543.092 & 536.027
Statutes/Other Implemented: ORS 543.092 & 543A
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 2-2001, f. & cert. ef. 3-30-01

Division 54 CONVERSION OF A HYDROELECTRIC WATER RIGHT TO AN INSTREAM WATER RIGHT

Or. Admin. R. 690-054-0000 Purpose and Applicability

These rules establish definitions and procedures for the conversion of a Hydroelectric Water Right to an Instream Water Right in accordance with ORS 543A.305. The conversion process is for Hydroelectric Water Rights beneficially used and which ceased beneficial use within 5 years of October 23, 1999, or later. Conversion of a Hydroelectric Water Right to an Instream Water Right is not a new allocation of water within a stream basin. A Hydroelectric Water Right subject to these rules shall be considered for conversion to an Instream Water Right prior to any forfeiture proceeding under ORS 540.610. These rules do not apply to Projects on boundary waters that operate with water rights issued by the State of Oregon and by any other state, except upon the written request of the water right holder.

History

Statutory/Other Authority: ORS 536.027
Statutes/Other Implemented: ORS 543A.305
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 2-2022, adopt filed 07/14/2022, effective 07/14/2022

Or. Admin. R. 690-054-0010 Definitions

Unless the context requires otherwise, the following definitions apply in OAR Chapter 690, Division 54:

(1) “Actual Use” means:

(a) For a Project, the maximum amount of water, expressed in cubic feet per second (cfs), legally diverted through the hydroelectric turbine to produce electricity for each month of the year, including those months in which no water was used, pursuant to a Hydroelectric Water Right, based on documents available to the Department; or

(b) For Other Existing Water Right(s) as of October 23, 1999, the amount of water, expressed in cfs, legally diverted and beneficially used, based on documents available to the Department;

(2) “Continuation of Authorized Water Uses” means that Other Existing Water Right(s) as of October 23, 1999, shall not be required to curtail Actual Use under their existing water rights as a result of the conversion of a Hydroelectric Water Right to an Instream Water Right;

(3) “Department” means the Oregon Water Resources Department;

(4) “Director” means the Department Director or staff authorized by the Director to administer these rules;

(5) “Holder” has the meaning given that term in ORS 543.075;

(6) “Hydroelectric Water Right” is a water right issued and used for hydroelectric purposes including: hydroelectric licenses containing time-limited water rights issued under ORS 543; water right certificates issued under ORS 543A; water right permits or certificates issued under ORS 537; and power claimants under ORS 543.705 to 543.730 whether certificated or uncertificated;

(7) “Injury” means the proposed conversion of up to the full amount of a Hydroelectric Water Right associated with a Project to an Instream Water Right would result in Other Existing Water Rights as of October 23, 1999 not receiving previously available water, based on the Actual Use of both the Project and the Other Existing Water Right(s) as of October 23, 1999, to which the Other Existing Water Right(s) as of October 23, 1999 are legally entitled, pursuant to the considerations of OAR 690-054-0040(6);

(8) “Instream Water Right” means a water right held in trust by the Department for the benefit of the people of the State of Oregon to maintain water in stream for public use. An instream water right does not require a diversion or any other means of physical control over the water;

(9) “Mitigation Measures” means conditions to the Instream Water Right that avoid, abate, minimize, rectify, reduce, or compensate for impacts of the conversion in order to avoid Injury and to ensure the Continuation of Authorized Water Uses;

(10) “Other Existing Water Right(s) as of October 23, 1999” means a decreed, certificated, or permitted water right(s) issued on or before October 23, 1999, or a determined claim established on or before October 23, 1999, using water from the same water source or tributary as the Hydroelectric Water Right proposed for conversion;

(11) “Project” means any hydroelectric power project;

(12) “Reauthorized” has the meaning given the term “reauthorize” in ORS 543.075; and

(13) “Subordinated” means a condition of a water right that expressly makes it inferior in right and subsequent in time to any appropriation of water upstream for beneficial use.

History

Statutory/Other Authority: ORS 536.027
Statutes/Other Implemented: ORS 543A.305
WRD 2-2022, adopt filed 07/14/2022, effective 07/14/2022

Or. Admin. R. 690-054-0020 Notice of Consideration for Conversion: Eligibility Determinations and Preliminary Findings of Fact

For the purposes of a notice of consideration for conversion to an Instream Water Right, the Director shall make the following eligibility determinations and preliminary findings of fact:

(1) The Director shall determine whether a Hydroelectric Water Right associated with a Project is eligible for conversion to an Instream Water Right. A Hydroelectric Water Right is eligible for conversion if one of the following criteria is met:

(a) Use of water under the Hydroelectric Water Right has ceased for a period of five years;

(b) A time-limited Hydroelectric Water Right has expired and has not been extended or Reauthorized;

(d) The Director has received written consent of the Holder;

(2) The Director shall determine the amount, expressed in cfs, of the Hydroelectric Water Right associated with the Project that is eligible for conversion to an Instream Water Right. The amount of a Hydroelectric Water Right eligible for conversion is subject to the following limitations:

(a) Any portion of a Hydroelectric Water Right transferred under ORS 540.520 and 540.530 is not eligible for conversion to an Instream Water Right, except upon expiration of that time-limited water right;

(b) Any portion of a Hydroelectric Water Right for which hydroelectric production is not the sole beneficial use authorized by the right is not eligible for conversion to an Instream Water Right;

(c) Any portion of a Hydroelectric Water Right authorized in conjunction with another water right pursuant to ORS 543.765, or that is part of a larger distribution system for municipal, irrigation, or other beneficial purposes is not eligible for conversion to an Instream Water Right; and

(d) Any portion of a Hydroelectric Water Right authorized in conjunction with multi-purpose dam releases including flood control, irrigation, municipal, or other beneficial uses, is not eligible for conversion to an Instream Water Right. Conversion to an Instream Water Right may not require release of water stored for other beneficial purposes. An Instream Water Right resulting from conversion under these rules shall not have priority over waters legally stored or legally released from storage;

(3) The Director shall make a preliminary finding on Injury. In making such finding, the Director shall consider:

(a) The Actual Use of the Project. To make a preliminary finding on the Actual Use of the Project, the Director shall consider available documentation including, but not limited to: meter records of flow through a turbine, stream gage records, records of electricity production, seasonal restrictions on use, records of water historically supplied from storage, evidence that storage capacity has or has not been decommissioned, and other evidence of use by the Project.

(b) The resulting impacts on Actual Use by Other Existing Water Rights as of October 23, 1999. To make a preliminary finding on the resulting impacts on Actual Use by Other Existing Water Rights as of October 23, 1999, the Director may consider:

(A) Whether Other Existing Water Rights as of October 23, 1999 are junior to and upstream of the Hydroelectric Water Right;

(B) Whether new regulation under Chapter 690, Division 250 would likely be required for the proposed conversion to an Instream Water Right, based upon historic streamflow records, regulation actions historically taken by the watermaster, or other data;

(D) Any other available evidence that may assist the Director to make a preliminary finding on Injury.

History

Statutory/Other Authority: ORS 536.027
Statutes/Other Implemented: ORS 543A.305
WRD 2-2022, adopt filed 07/14/2022, effective 07/14/2022

Or. Admin. R. 690-054-0030 Notice of Consideration for Conversion: Requirements and Comment Period

(1) The Director shall prepare a notice of consideration for conversion with a 30 calendar day comment period. The notice shall include the following information:

(a) The eligibility determinations and preliminary findings of fact identified in OAR 690-054-0020;

(b) The county or counties in which the Project is located;

(d) The name of the surface water source(s);

(e) The location of the point of diversion used for the Project; and

(f) A request for comments on the proposed conversion, including the date by which comments must be received.

(2) The Department shall provide a copy of the notice to the Holder and publish the notice in the Department’s weekly notice publication with information about how interested persons may comment, obtain future notices about the proposed conversion, or obtain a copy of the final proposed order.

(3) If the Hydroelectric Water Right is not Subordinated to Other Existing Water Rights as of October 23, 1999, then the notice shall provide a 30 calendar day opportunity for any interested person to propose Mitigation Measures to avoid Injury and to ensure the Continuation of Authorized Water Uses.

(4) At the discretion of the Director, if the Hydroelectric Water Right was Subordinated to Other Existing Water Rights as of October 23, 1999, then the first public notice may be given at the time of the proposed final order describing the conversion to an Instream Water Right under OAR 690-054-0040 to 690-054-0050.

History

Statutory/Other Authority: ORS 536.027
Statutes/Other Implemented: ORS 543A.305
WRD 2-2022, adopt filed 07/14/2022, effective 07/14/2022

Or. Admin. R. 690-054-0040 Proposed Final Order: Final Determinations and Findings of Fact

Following the close of the comment period under OAR 690-054-0030, the Director shall prepare a proposed final order. The proposed final order shall recommend either to approve or to deny the conversion of the Hydroelectric Water Right to an Instream Water Right. The Director shall make the following determinations and findings of fact for inclusion in the proposed final order:

(1) The Director shall determine whether the Hydroelectric Water Right is eligible for conversion to an Instream Water Right pursuant to the preliminary eligibility determination of OAR 690-054-0020 and the requirements of ORS 543A.305;

(2) The Director shall determine the amount, expressed in cfs, of the Hydroelectric Water Right that is eligible for conversion to an Instream Water Right pursuant to the eligibility determination of OAR 690-054-0020 and the requirements of ORS 543A.305;

(3) If the full amount of the Hydroelectric Water Right is not proposed for conversion to an Instream Water Right, the Director shall include an explanation of how the amount proposed for conversion was determined;

(4) The Director shall determine the priority date of the Instream Water Right, in accordance with the requirements of ORS 543A.305;

(5) The Director shall determine the point of diversion of the Instream Water Right, in accordance with the requirements of ORS 543A.305;

(6) The Director shall determine whether conversion of a Hydroelectric Water Right to an Instream Water Right will result in Injury. In making this determination, the Director shall consider:

(a) The Actual Use of the Project. To determine the Actual Use of the Project, the Director shall consider available documentation including, but not limited to: meter records of flow through a turbine, stream gage records, records of electricity production, seasonal restrictions on use, records of water historically supplied from storage, evidence that storage capacity has or has not been decommissioned, and other evidence of use by the Project;

(b) The resulting impacts on Actual Use by Other Existing Water Rights as of October 23, 1999. To determine the resulting impacts on Actual Use by Other Existing Water Rights as of October 23, 1999, the Director may consider:

(A) Whether Other Existing Water Rights as of October 23, 1999 are junior to and upstream of the Hydroelectric Water Right;

(C) Whether the Hydroelectric Water Right is Subordinated to Other Existing Water Rights as of October 23, 1999. If Subordinated, there is a rebuttable presumption that no Injury will occur and that no Mitigation Measures are required to ensure the Continuation of Authorized Water Uses; or

(D) Any other available evidence that may assist the Director to make a finding on Injury;

(7) In order to avoid Injury and to ensure the Continuation of Authorized Water Uses the Director may include Mitigation Measures as a condition to the Instream Water Right. In determining whether to include Mitigation Measures the Director may consider:

(a) Whether Mitigation Measures were proposed during the comment period pursuant to OAR 690-054-0030, and if so, may:

(A) Share Mitigation Measures proposed by interested persons during the comment period of OAR 690-054-0030 with other interested persons who responded during the comment period;

(B) Meet and confer with those interested persons who proposed Mitigation Measures during the comment period;

(C) Extend the comment period of OAR 690-054-0030, via notice in the Department’s weekly notice publication, to allow discussion of Mitigation Measures, if interested persons demonstrate reasonable progress towards agreement on Mitigation Measures; or

(D) Obtain affidavits consenting to the relevant Mitigation Measure from each holder of an Other Existing Water Right as of October 23, 1999 that is potentially subject to new regulation under Chapter 690, Division 250; and

(b) Whether the conversion of a Hydroelectric Water Right to an Instream Water Right would result in Injury pursuant to the findings in section (6);

(8) If the Director determines Mitigation Measures are necessary to avoid Injury and to ensure the Continuation of Authorized Water Uses, the Director shall condition the Instream Water Right to state: “Authorized water uses by Other Existing Water Rights as of October 23, 1999, shall not be subject to regulation under Chapter 690, Division 250 to satisfy this Instream Water Right.” If the Director chooses to include other Mitigation Measures as a condition to an Instream Water Right, the Director shall condition the Instream Water Right according to the Mitigation Measures agreed-upon pursuant to section (7);

(9) No Mitigation Measures other than in section (8) above shall be included as conditions of the Instream Water Right without an affidavit consenting to the relevant Mitigation Measure from each holder of a water right that is potentially subject to new regulation under Chapter 690, Division 250; and

(10) The Director shall determine whether the conversion, together with any recommended Mitigation Measures to avoid Injury and to ensure the Continuation of Authorized Water Uses, is consistent with ORS 543A.305 and shall either approve or deny the conversion. If the Director approves the conversion to an Instream Water Right, then the proposed final order shall include a draft certificate, including any proposed Mitigation Measures.

History

Statutory/Other Authority: ORS 536.027
Statutes/Other Implemented: ORS 543A.305
WRD 2-2022, adopt filed 07/14/2022, effective 07/14/2022

Or. Admin. R. 690-054-0050 Notice of Proposed Final Order

(1) The proposed final order shall be:

(a) Distributed to the Holder and to all individuals, including all governmental entities, who have filed timely comments with the Department; and

(b) Published in the Department’s weekly notice publication.

(2) The proposed final order shall specify that all protestants have 60 calendar days from the date of the notice to file a protest.

History

Statutory/Other Authority: ORS 536.027
Statutes/Other Implemented: ORS 543A.305
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 2-2022, adopt filed 07/14/2022, effective 07/14/2022

Or. Admin. R. 690-054-0060 Filing of Protests

(1) All protests and comments must be received by the Director within the time specified in the notice of proposed final order. To become a party to a contested case hearing the fees required under ORS 536.050 must also be submitted by the date specified in the notice.

(2) Any person may submit a protest against a proposed final order. A protest shall be in writing and shall include:

(a) The name, address, and telephone number of the protestant;

(b) A description of the protestant’s interest in the proposed final order and, if the protestant claims to represent the public interest, a precise statement of the public interest represented;

(c) A description of how the action proposed in the proposed final order would impair or be detrimental to the protestant’s interest;

(d) A detailed description of how the proposed final order is in error or deficient and how to correct the alleged error or deficiency;

(e) Any citation of legal authority supporting the protest, if known; and

(f) Statements of facts which support the allegation that the proposed conversion instream should not be acted upon as proposed by the proposed final order.

(a) The requester’s name, mailing address, and telephone number;

(b) If the requester is representing a group, association or other organization, the name, address, and telephone number of the represented group;

(d) A detailed statement of how the requester would be harmed if the proposed final order is modified; and

(e) The fee established under ORS 536.050.

(6) Upon receiving a protest, the Director shall:

(a) Send a copy of all protests and requests for standing timely filed to the protestant(s), if any, and to each person who requested standing;

(b) Evaluate the protest to determine whether significant issues are raised and if so, shall refer the proposed final order, with accompanying protest, to the Office of Administrative Hearings (OAH) established under ORS 183.605 to 183.685 for a contested case hearing consistent with OAR 690-054-0070. If the Director determines the protests do not raise significant issues, the Director shall issue a final order. A final order issued pursuant to this section is a final order in other than a contested case subject to judicial review under ORS 183.484. A final order shall be transmitted to all parties who have filed a protest.

History

Statutory/Other Authority: ORS 536.027
Statutes/Other Implemented: ORS 543A.305
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 2-2022, adopt filed 07/14/2022, effective 07/14/2022

Or. Admin. R. 690-054-0070 Time and Place of Hearings, Exceptions, Final Order

(1) The conduct of contested hearings shall be as provided in OAR 137-003-0501 to 137-003-0700.

(2) If the proposed conversion is referred for a contested case hearing, a proposed order shall be issued by the Administrative Law Judge (ALJ) after the hearing. Any party to the contested case hearing may file exceptions to the ALJ’s proposed order. Exceptions must be filed with the Department within 30 calendar days of the order. If no exceptions are filed to the ALJ’s proposed order within 30 calendar days, the Director shall issue a final order consistent with section (4).

(3) If exceptions are filed to the ALJ’s proposed order, the Director may review or hear argument, either written or oral, and make the final determination for the final order.

(4) If, after the contested case hearing or, if a hearing is not held, after the close of the protest period as defined in OAR 690-054-0050, the Director determines the proposed conversion would not comply with ORS 543A.305 and OAR Chapter 690 Division 54, the Director shall:

(a) Issue a final order denying the conversion to an Instream Water Right; or

(b) Modify the proposed order to comply with ORS 543A.305 and OAR Chapter 690 Division 54, and issue a final order approving the conversion to an Instream Water Right.

(5) If, after the contested case hearing or, if a hearing is not held, after the close of the protest period as defined in OAR 690-054-0050, the Director determines the proposed conversion would comply with ORS 543A.305 and OAR Chapter 690, Division 54, the Director shall issue a final order approving the conversion to an Instream Water Right.

(6) A final order may set forth any of the provisions or restrictions to be included in the Instream Water Right.

History

Statutory/Other Authority: ORS 536.027
Statutes/Other Implemented: ORS 543A.305
WRD 81-2026, amend filed 09/10/2026, effective 10/01/2026
WRD 2-2022, adopt filed 07/14/2022, effective 07/14/2022

Or. Admin. R. 690-054-0080 Issuance of Instream Water Right Certificate

After the Director issues a final order approving the conversion of a Hydroelectric Water Right to an Instream Water Right, the Department shall issue a certificate for an Instream Water Right. Each Instream Water Right is allocated individually and shall not be additive to other Instream Water Rights. The certificate shall be in the name of the Department as trustee for the people of the State of Oregon. A certificate for an Instream Water Right supplied by stored water shall describe the reservoir.

History

Statutory/Other Authority: ORS 536.027
Statutes/Other Implemented: ORS 543A.305
WRD 2-2022, adopt filed 07/14/2022, effective 07/14/2022

Division 76 ESTABLISHMENT OF MINIMUM PERENNIAL STREAMFLOWS

Or. Admin. R. 690-076-0005 Purpose

Establishment of minimum perennial streamflows is a high priority of the Water Resources Commission and Water Resources Department. Minimum perennial streamflows are established as administrative rules to support fish and aquatic life or minimize pollution. Minimum streamflows are included in applicable basin program statements. These rules include the definitions, standards, process and criteria for the evaluation of minimum perennial streamflow applications submitted by the Department of Fish and Wildlife or the Department of Environmental Quality to the Water Resources Commission under the provisions of ORS 536.325.

History

Statutory/Other Authority: ORS 183 & 536
WRD 4-1986, f. & ef. 4-28-86
WRD 2-1984, f. & ef. 6-25-84
WRD 7-1983(Temp), f. & ef. 11-15-83

Or. Admin. R. 690-076-0010 Definitions

The following definitions apply to OAR 690-076-0005 to 690-076-0035.

(1) “Affected Local Government” means any local government as defined in OAR 690-005-0015, within whose jurisdiction a minimum perennial streamflow is proposed or established.

(2) “Basin” means any one of the major drainage areas identified by the Commission for program planning and management purposes. Basin boundaries are identified on Water Resources Department map 0.6.

(3) “Classification” means the designation in basin programs of allowed and preferred beneficial uses of a specified water source as provided in ORS 536.340. A classification may also reserve quantities of water for preferred beneficial uses.

(4) “Commission” means Water Resources Commission.

(5) “Department” means Water Resources Department.

(6) “Director” means Water Resources Director.

(7) “Minimum Perennial Streamflow,” also minimum streamflow, means an administrative rule that establishes a flow necessary to support aquatic life or minimize pollution. The rule includes a priority date and specifies streamflow levels for all or any period of the year. It establishes priority for instream use over future appropriations and identifies flow objectives for future management in streams where shortages occur. The Commission will assume minimum streamflow levels are most appropriate for support of aquatic life if the flows are the lowest level which, if maintained, would support a population of key fish species consistent with the management objectives of Oregon Department of Fish and Wildlife. The Commission will assume minimum streamflow levels are most appropriate for minimizing pollution if the flows are the lowest level which, if maintained, would assure that projected loading levels from adequately treated wastes and best management practices for non-point sources would not result in violation of water quality standards of the Department of Environmental Quality.

(8) “Planned” means a determination has been made for a specific course of action either by administrative or budgetary action of a public body or by engineering, design work, investment toward construction or application for a development permit from the private sector.

(9) “Potential” means an option which could reasonably occur in the future but is not planned. A feasibility determination may or may not have been completed, but the option has not been ruled out.

(10) “Subbasin” means any subarea of a basin defined by surface drainage patterns such as the drainage basin of any tributary, or the area draining to any point on a river, or draining between two points on a river.

(11) “Withdrawal” means an administrative rule prohibiting all new appropriations for particular uses from a source for part or all of the year as provided in ORS 536.410. A withdrawal can be set for a prescribed length of time or indefinitely until modified or revoked by the Commission.

History

Statutory/Other Authority: ORS 183, 197 & 536
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 4-1986, f. & ef. 4-28-86
WRD 7-1985, f. & ef. 7-10-85
WRD 2-1984, f. & ef. 6-25-84
WRD 7-1983(Temp), f. & ef. 11-15-83

Or. Admin. R. 690-076-0015 Effect of Minimum Perennial Streamflows

(1) Except for those uses exempted by a minimum streamflow, use of water under a permit or right with priority date later than the priority date of an established minimum streamflow will not be allowed when flows are below the minimum streamflow level. Use of water under rights and permits with priority dates earlier than the minimum streamflow is not affected. Nothing in these rules is intended to affect the preference for human and livestock consumption under ORS 536.310(12).

(2) The priority date of minimum streamflows established as the result of action on an application by Oregon Department of Fish and Wildlife or Oregon Department of Environmental Quality is the date of application. When an existing minimum streamflow is modified, the earlier minimum streamflow priority date remains in effect for the previous amount or the level of the modified minimum streamflow, whichever is less.

History

Statutory/Other Authority: ORS 183 & 536
WRD 4-1986, f. & ef. 4-28-86
WRD 2-1984, f. & ef. 6-25-84
WRD 7-1983(Temp), f. & ef. 11-15-83

Or. Admin. R. 690-076-0018 Application Standards for Minimum Perennial Streamflows

(1) The Commission will accept applications for minimum perennial streamflows to support aquatic life or minimize pollution submitted by the Department of Fish and Wildlife or the Department of Environmental Quality on or after January 1, 1986.

(2) A complete application shall contain the following information:

(a) Applicant;

(b) Stream name;

(d) Name of major river basin;

(e) Map with flow location;

(f) Purpose(s) of flow;

(g) Requested flow in cubic feet per second (cfs);

(h) Method of determining requested minimum streamflow needs and date of study or evaluation;

(i) Period of year, if any, when streamflow is believed to be frequently lower than requested levels;

(j) Suggested long-range methods of achieving minimum streamflow objectives during any periods of shortage;

(k) A completed land use coordination statement as provided in the Department’s Land Use Planning Procedures Guide. At a minimum, the statement shall:

(A) Identify affected local government pursuant to OAR 690-076-0010;

(B) Explain the purpose of the minimum streamflow;

(C) Invite planning directors to identify and provide policies or provisions in comprehensive plans relating to instream flow protection or other uses of the waters under consideration; and

(D) Offer an opportunity for local government officials to discuss the proposed minimum streamflow with the applicant(s) and Department.

(l) Additional data identified in section (3) and/or (4) of this rule.

(3) Applications to support aquatic life shall also provide the following information:

(a) Species of fish life used to determine flow requirements;

(b) Other significant aquatic species supported;

(d) Activities and management plans for support of aquatic life in the stream subbasin;

(e) Any significant changes in the physical habitat or aquatic species composition that has occurred since the date listed in subsection (2)(h) of this rule;

(f) Any other available reports for the same river which identify different minimum streamflows for support of aquatic life and the reasons why the requested flow is most appropriate;

(g) A preliminary indication from Department of Environmental Quality of whether requested flow levels are sufficient to minimize pollution.

(4) Applications to minimize pollution shall also provide the following information:

(a) Sources of pollution to be minimized that were used to determine the flow requirements;

(b) Other sources of pollution in the stream subbasin;

(d) Present water quality conditions in the stream;

(e) Water quality management activities and programs in the subbasin;

(f) Any other available reports for the same river which identify different minimum streamflows to minimize pollution and the reasons why the requested flow is most appropriate;

(g) A preliminary indication from Oregon Department of Fish and Wildlife of whether the requested flow is sufficient for support of aquatic life;

(h) A statement showing why other means to abate pollution are not feasible.

(5) The applicant may include in the application a statement of values associated with the purpose of the minimum streamflow, such as recreational, scenic, scientific, environmental, economic, cultural or health and welfare factors. The statement will not be used to determine if the application is complete.

History

Statutory/Other Authority: ORS 183, 197 & 536
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 4-1986, f. & ef. 4-28-86

Or. Admin. R. 690-076-0020 Review Process for Applications

After receipt of an application for a minimum perennial streamflow, the Commission shall establish a schedule to complete a decision on the requested flow within one year. The schedule shall provide for the following review process:

(1) The Department will record the date an application is received. If the Department finds the application incomplete, it will be returned to the applicant with the return date noted. The application will retain the priority date if sufficient information is provided within 30 days from the return of the application.

(2) The Department will distribute initial information on the application under consideration and invite public comments on the requested minimum perennial streamflow and other water needs and problems within the stream subbasin. The application will be available for the public review. Public notice will be given to news media of the basin, state agencies, the planning departments of affected local governments, county commissioners, city council members and sent to the administrative rules mailing list. The Director may presume that the proposed minimum streamflow is compatible with the affected laws, regulations, and comprehensive plans of those agencies notified if no response is received within 60 days of the date shown on the notice. The Department will also mail the land use coordination statement referenced in OAR 690-076-0018(2)(k) to the planning departments of affected local governments. In the event of a land use dispute, as defined in 690-005-0015 (Definitions), the Director or Commission shall follow procedures provided in 690-005-0040 (Resolution of Land Use Disputes). Interested persons may request written notification of the required public hearing.

(3) The department staff will analyze stream-flow and water use information and prepare a recommendation based on information listed in OAR 690-076-0025 and the review standards in 690-076-0030.

(4) The Commission will schedule a hearing on the minimum streamflow application. If more than one application is pending in the same basin, hearings may be consolidated. The hearing may also encompass any supplemental action proposed by the Commission. The following material shall be available for public review at the time notice of the public hearing is published with the Secretary of State:

(a) Minimum streamflow application(s);

(b) Preliminary findings and analysis of alternatives by the Department;

(c) Proposed action, including proposed findings and conclusions and a statement of reasons supporting the proposed action.

(5) At least one member of the Commission will hold a public hearing in the affected basin to consider the proposed action. The proposal will be to adopt a requested minimum perennial streamflow(s), adopt a more appropriate minimum perennial streamflow rate(s) or reject the application. In addition, the Commission may propose alternative minimum streamflows or supplemental actions. Interested persons, organizations, and local, state and federal agencies may speak at the hearing or provide written comments. The Commission will specify a period for written comments. If the Commission determines it is in the public interest, additional hearings may be held to consider proposed actions.

(6) The Commission may allow the applicant additional time to respond to evidence received at the hearing.

(7) The Commission will take final action after reviewing the hearing record and a final recommendation of the Department.

History

Statutory/Other Authority: ORS 183, 197, 536.025 & 536.027
WRD 5-1991, f. & cert. ef. 4-26-91
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 4-1986, f. & ef. 4-28-86
WRD 2-1984, f. & ef. 6-25-84
WRD 7-1983(Temp), f. & ef. 11-15-83

Or. Admin. R. 690-076-0025 Information Base

(1) The Department and Commission shall consider the following information to the extent available, when evaluating applications:

(a) Items of information listed in OAR 690-076-0018(2) through (5);

(b) Water permits and rights of record and information pertaining to actual use of water;

(d) Stream gage records or estimates of flow;

(e) Existing water supply and water quality problems;

(f) Water needs for existing and planned beneficial uses and seasonal characteristics of water demands;

(g) Sources of water supply in the subbasin considering: groundwater, surface water, planned actions or potential for developing storage sites, conserving water, enhancing riparian zones and enhancing watershed yield;

(h) Basin water use programs;

(i) Statutory and administrative restrictions on water use;

(j) Acknowledged comprehensive land use plans;

(k) Benefits and values from existing and planned uses of surface water in the subbasin;

(l) Benefits and values of potential water uses.

(2) The Department and Commission may make reasonable assumptions or estimates for information when specific data are not readily available. Any assumptions or estimates used shall be stated for public review and may include but shall not be limited to:

(a) Monthly and annual runoff characteristics;

(b) Major sources of inflow to the stream;

(c) Characteristics of existing water use including frequency of use, evaporation and transpiration, opportunity for conservation and effects of use on streamflows;

(d) Potential sources of water supply;

(e) Amounts of water needed to supply potential beneficial water uses;

(f) Impact of land use and development on streamflow.

(3) The Commission will determine the adequacy of water supply at a minimum flow location for satisfying existing, planned and potential instream and out-of-stream uses. The Commission will consider the existing streamflow pattern. If there are shortages, the Commission will consider the plans and potential for developing supplies for both instream and out-of-stream needs. The Commission will only consider ground water a separate source if use is not likely to affect streamflow levels and is not in a critical groundwater area. Interbasin transfers may be considered as an additional water supply only if a project has been planned or constructed. The Commission will consider whether planned or potential out-of-stream use could reasonably be served by sources other than natural flow during periods of shortage. If the uses require natural flow, the Commission will evaluate the importance of the planned uses and both the importance and likelihood of potential uses.

History

Statutory/Other Authority: ORS 183 & 536
WRD 4-1986, f. & ef. 4-28-86
WRD 2-1984, f. & ef. 6-25-84
WRD 7-1983(Temp), f. & ef. 11-15-83

Or. Admin. R. 690-076-0030 Review Standards

The Commission will apply the following standards when reviewing a minimum perennial streamflow application.

(1) The Commission will assume the purposes of the minimum streamflow are as important as other water uses and approve the requested minimum stream flow or a more appropriate level unless another use is found to be of greater importance.

(2) Minimum perennial streamflows may be established on streams where appropriations have depleted the flow below the proposed minimum perennial streamflow in some reaches for some period of time if the Commission concludes that the action will result in public benefit for support of aquatic life or minimizing pollution.

(3) The Commission may identify another use as being of greater importance than the purpose of the minimum flow and may reject an application from the Department of Fish and Wildlife or the Department of Environmental Quality if:

(a) Appropriations have depleted streamflows below the proposed minimum perennial streamflow during all or a part of the year and the need to protect water sources to supplement existing inadequately supplied water uses is of greater importance;

(b) Little potential exists for developing a water supply to meet the flow objectives in the future without causing a detrimental impact on more important existing and planned uses;

(c) A more important planned water use could be served by unappropriated streamflow which could not be served by an alternative source if the minimum streamflow were adopted;

(d) A more important use is identified based on state or federal statutory or administrative provisions or acknowledged local comprehensive land use plans that state a preference for another water use which could not be adequately served if the minimum flow application were approved; or

(e) The general economic, social and environmental benefits associated with a planned water use(s) are found to be of greater value than benefits and values identified in the application and hearing record from establishing the minimum streamflow.

(4) The Commission may reject a minimum perennial streamflow application after finding another use is of greater importance and set an alternative minimum streamflow during all or part of a year after reserving water for the more important use(s) or exempting use(s) from the minimum flow. The Commission must find that the alternative minimum streamflow is sufficient to provide a public benefit for supporting aquatic life or minimizing pollution.

(5) The Commission shall assure that the adoption of minimum streamflows meets the requirements established in OAR 690-060-0045 (Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans).

(6) In determining whether a more appropriate streamflow should be adopted, the Commission shall consider the comments from the Departments of Fish and Wildlife and Environmental Quality, on any alternative streamflow and:

(a) Whether flow levels should be based on the requirements of other fish species, consistent with fishery management objectives of the Department of Fish and Wildlife;

(b) Whether the methods used for determining optional water requirements for support of aquatic life or minimizing pollution are appropriate and superior to those identified in the application;

(c) Whether levels based on minimizing pollution from difference sources or based on different methods of treatment or disposal of wastes would result in a greater public benefit;

(d) Whether streamflow analysis indicates a proposed flow deviates significantly from the natural runoff pattern of the stream and another level would better support the purposes of the minimum flow and reflect the natural streamflow pattern;

(e) Whether significant changes in stream channel configuration or aquatic habitat have occurred since the minimum streamflow study or evaluation was completed and optional levels identified are more appropriate under existing conditions; or

(f) Whether optional levels will be more appropriate considering both the need to support aquatic life and the need to minimize pollution.

History

Statutory/Other Authority: ORS 183, 197 & 536
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 4-1986, f. & ef. 4-28-86
WRD 7-1985, f. & ef. 7-10-85
WRD 2-1984, f. & ef. 6-25-84
WRD 7-1983(Temp), f. & ef. 11-15-83

Or. Admin. R. 690-076-0035 General Provisions and Policies

(1) The Commission may identify potential water storage sites needed to encourage, promote and secure the maximum beneficial uses and control of the water resources under consideration in the evaluation of a minimum perennial streamflow. The Commission may reserve by classification specific quantities of water to assure supplies sufficient to meet future storage development requirements and minimum streamflows.

(2) In addition to the proposed action on the minimum perennial streamflow application the Commission may propose and consider at the same hearing, classification or reclassification of streams, withdrawal of waters from further appropriation, or amending basin water use programs. The supplemental actions under consideration shall either contribute to the objectives of supporting aquatic life and minimizing pollution or preserving water supply for a use that is found to be more important than the purpose of the minimum streamflow.

History

Statutory/Other Authority: ORS 183 & 536
WRD 4-1986, f. & ef. 4-28-86
WRD 2-1984, f. & ef. 6-25-84
WRD 7-1983(Temp), f. & ef. 11-15-83

Division 77 INSTREAM WATER RIGHTS

Or. Admin. R. 690-077-0000 Purpose

(1) The purpose of this Division is to establish the policy, procedures, criteria, standards and definitions which shall be applied by the Department and Commission in the evaluation of applications for establishing instream water rights.

(2) This Division also provides for the conversion of existing minimum streamflows to instream water rights; for the instream transfer or lease of existing water rights for use as instream water rights; and for the enforcement of instream water rights which are held in trust by the Water Resources Department to protect the public uses.

(3) In 1987, the Legislature created a new type of water right called an instream water right. Instream water rights are established by certificate from the Water Resources Commission or by an order approving a time-limited instream transfer or lease, pursuant to ORS 537.332 to 537.360, to maintain and support public uses within natural streams and lakes. These public uses include, but are not limited to, recreation, scenic attraction, aquatic and fish life, wildlife habitat and ecological values, pollution abatement and navigation. Instream water rights may also be established as a result of the allocation of conserved water under 537.455 to 537.500 and 540.510 (OAR chapter 690, division 18).

(4) In 2001, the Legislature authorized the split season use leasing of an existing water right for instream purposes. Under ORS 537.348(3), all or a portion of an existing water right may be used for the existing use and for instream use during the same year, provided that the uses are not concurrent and that the holders of the water rights measure and report to the Water Resources Department the use of the existing water right and the instream water right.

(5) Instream water rights differ from other water rights because control or diversion of the water is not required. Instream water rights are held in trust by the Water Resources Department but are regulated and enforced like all other water rights.

(6) Instream water rights do not take away or impair any legally established right to the use of water having an earlier priority date than the instream right.

(7) The Department may only issue instream water rights, instream leases, instream transfers, and instream water rights resulting from an allocation of conserved water within the State’s borders.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 536.220, ORS 536.300, ORS 536.310, ORS 537.338, ORS 537.348, ORS 537.356-537.358, ORS 537.470 & ORS 537.485
Statutes/Other Implemented: ORS 537.332 - 537.360
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96
WRD 5-1995(Temp), f. & cert. ef. 8-4-95
WRD 1-1995, f. & cert. ef. 2-14-95
WRD 9-1992, f. & cert. ef. 7-1-92
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-077-0010 Definitions

As used in this Division:

(1) "Affected Local Government" means any local government, as defined in OAR 690-005-0015, within whose jurisdiction the diversion, conveyance, instream or out-of-stream use, or reservation of water is proposed or established.

(2) "Agency" means ODFW, DEQ and Parks.

(3) "Beneficial Use" has the same meaning as the term in OAR 690-300-0010.

(4) "Comment" means a written statement concerning a particular application. 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.

(5) "Commission" means the Water Resources Commission.

(6) "Contested Case" has the same meaning as the term in OAR 690-300-0010.

(7) "DEQ" means the Department of Environmental Quality.

(8) "Department" means the Water Resources Department.

(9) "Director" means the director of the Water Resources Department.

(10) “District” means an irrigation district formed under ORS 545, a drainage district formed under ORS 547, a water improvement district formed under ORS 552, a water control district formed under ORS 553, or a corporation formed under ORS 554.

(11) “District Water User” means, for the purposes of instream leases involving a district, the owner of land who is subject to the charges or assessments of a district and from whose land the appurtenant water right would be leased instream.

(12) "Estimated Average Natural Flow" means average natural flow estimates, by month or half month, computed by the Department using sources including watermaster distribution records, Department measurement records, or application of appropriate available scientific and hydrologic technology.

(13) "Held in Trust by the Water Resources Department" means that the water right must be enforced and protected for the public uses listed in the water right. Actions by the Department affecting instream water rights are limited by public trust obligations.

(14) "Instream" as defined in ORS 537.332, means within the natural stream channel or lake bed or place where water naturally flows or occurs.

(15) "Instream flow" means the minimum quantity of water necessary to support the public use requested by an agency.

(16) “Instream lease” means the conversion of all or a portion of an existing water use subject to transfer to an instream water right for a specified time-period as authorized by ORS 537.348(2).

(17) “Instream transfer” means the conversion of all or a portion of an existing water use subject to transfer to an instream water right as authorized by ORS 537.348(1).

(18) "Instream Water Right" as defined in ORS 537.332, means a water right held in trust by the Water Resources Department for the benefit of the people of the state of Oregon to maintain water instream for public use. An instream water right does not require a diversion or any other means of physical control over the water.

(19) “Minimum Streamflow" also "minimum perennial streamflow," means an administrative rule provision adopted in a basin program by the Water Resources Commission or its predecessors to implement ORS 536.235 and 536.310(7) and support aquatic life, maintain recreation or minimize pollution.

(20) "Multipurpose Storage Project" means any storage project which is designed and operated to provide significant public benefits and provides for two or more beneficial uses and/or purposes.

(21) "ODFW" means the Oregon Department of Fish and Wildlife.

(22) "Parks" means the Oregon Parks and Recreation Department.

(23) "Pollution Abatement" means the use of water to dilute, transport or prevent pollution.

(24) "Protest" has the same meaning of the term in OAR 690-002-0010.

(25) "Public Benefit" as defined in ORS 537.332, means a benefit that accrues to the public at large rather than to a person, a small group of persons or to a private enterprise.

(26) "Public Use" as defined in ORS 537.332, includes but is not limited to:

(a) Recreation;

(b) Conservation, maintenance and enhancement of aquatic and fish life, wildlife, fish and wildlife habitat and any other ecological values;

(d) Navigation.

(27) "Recreation" as a public use of water means any form of play relaxation, or amusement, mostly done during leisure, that occurs in or in conjunction with streams, lakes and reservoirs, including but not limited to boating, fishing, swimming, wading, and viewing scenic attractions.

(28) "Scenic Attraction" means a picturesque natural feature or setting of a lake or stream, including but not limited to waterfalls, rapids, pools, springs, wetlands and islands that create viewer interest, fascination, admiration or attention.

(29) “Secondary Water Right” means a water right to put water stored under a storage right to an out-of-reservoir beneficial use.

(30) "Split Season Use" means the exercise of a water right in the same season defined by the water right in the same calendar year for both the existing purpose of the water right and for an instream purpose, provided that water is not used for the existing purpose during the period in which the water is to be protected instream.

(31) “Time-Limited Instream Transfer” means an instream transfer authorized under ORS 537.348(1) that is not permanent and under which the water right will revert back to its original use:

(a) Without further action by the Department at the end of the period of time specified in the final order approving the instream transfer; or

(b) On a determination by the Department that other conditions, specified in the final order approving the instream transfer, for termination have been met.

(32) "Unappropriated Water Available" means water that exceeds the quantities required to meet existing water rights of record, minimum streamflows and instream water rights and for known and yet to be quantified Native American treaty rights.

(33) "Water Purveyor" means an entity including, but not limited to, a public utility, a mutual water company, a county service district, a water cooperative, or a municipality or quasi-municipality that delivers water to customers.

(34) “Water quality limited” has the meaning provided in the OAR 340-041-0002.

History

Statutory/Other Authority: ORS 197, ORS 536.025, ORS 536.027, ORS 536.220, ORS 536.310, ORS 536.332, ORS 537.338, ORS 537.348 & ORS 537.356 - 537.358
Statutes/Other Implemented: ORS 537.332 - 537.360, ORS 540.505 & ORS 536.077
WRD 63-2026, minor correction filed 08/10/2026, effective 08/10/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96
WRD 5-1995(Temp), f. & cert. ef. 8-4-95
WRD 1-1995, f. & cert. ef. 2-14-95
WRD 9-1992, f. & cert. ef. 7-1-92
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-077-0015 General Statements

(1) Instream water rights shall not take away or impair any permitted, certificated or decreed right to any waters or to the use of any rights vested prior to the date of the instream water right.

(2) The implementation of the instream water rights law is a means of achieving an equitable allocation of water between instream public uses and other water uses. When instream water rights are set at levels that exceed current unappropriated water available the water right not only protects remaining supplies from future appropriation but establishes a management objective for achieving the amounts of instream flows necessary to support the identified public uses.

(3) The amount of appropriation for out-of-stream purposes shall not be a factor in determining the amount of an instream water right.

(4) For state agency instream water right applications only, if natural streamflow or natural lake levels are the source for meeting instream water rights, the amount allowed during any identified time period for the water right shall not exceed the estimated average natural flow or level occurring from the drainage system, except where periodic flows that exceed the natural flow or level are significant for the applied public use. An example of such an exception would be high flow events that allow for fish passage or migration over obstacles.

(5) If the source of water for an instream water right is other than natural flow such as storage releases or inter-basin transfer, the source shall be developed or a permit for development approved prior to or coincident in priority with the instream water right. The development of environmentally sound multipurpose storage projects that will provide instream water use along with other beneficial uses shall be supported.

(6) Instream water rights in rivers and streams shall, insofar as practical, be defined by reaches of the river rather than points on the river.

(7) When instream water rights are established through instream transfers, leases, or allocations of conserved water of existing water rights, the order, and, where appropriate, the certificate shall define the appropriate point, reach or reaches to which the new instream water right shall apply. Normally, a new instream water right shall be maintained downstream to the mouth of the affected stream; however, it may be maintained farther downstream if the amount of the instream water right is a measurable portion of the flow in the receiving stream or for a point or shorter distance if needed to account for return flow or to prevent injury.

(8) Instream water right applications shall conform with state statutes and basin programs. All natural lakes and streams in the state shall be considered classified to allow all instream public uses. Any withdrawal rule or order does not withdraw a natural lake or stream for instream public uses unless:

(a) The rule or order specifically states that it is prohibiting instream public uses, or

(b) The withdrawal is for the exclusive use of a municipality.

(9) State agency instream water right applications shall be approved only if the amount, timing and location serve a public use or uses.

(10) The combination of state agency requested instream water rights, for the same reach or lake, shall not exceed the amount needed to provide increased public benefits and shall be consistent with Sections (4) and (5) of this rule.

(11) An instream water right created through the conversion of a minimum perennial streamflow shall not take precedence over any rights having an earlier priority date, including storage rights except where an individual permit or water right specifies that it shall be subordinate to future uses or appropriations. The priority date of an instream water right created through conversion of a minimum perennial streamflow is as specified in ORS 547.346(1) and (2).

(12) An instream water right created through the conversion of a minimum perennial streamflow, which consists in whole or part of waters released from storage, is enforceable only as to the waters released to satisfy the instream water right.

(13) Instream water rights created through the conversion of minimum perennial streamflows shall carry with them any and all conditions, exceptions or exemptions attached to the minimum perennial streamflow, unless modified through hearing.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 536.220, ORS 536.300, ORS 536.310, ORS 537.338 & ORS 537.356 - 537.358
Statutes/Other Implemented: ORS 536.025, ORS 536.027, ORS 536.220, ORS 536.300, ORS 536.310, ORS 537.338 & ORS 537.356 - 537.358
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 1-1995, f. & cert. ef. 2-14-95
WRD 9-1992, f. & cert. ef. 7-1-92
WRD 4-1989, f. & cert. ef. 7-11-89
WRD 1-1989(Temp), f. & cert. ef. 1-24-89
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-077-0019 State Agency Instream Water Right Applications: Process for Instream Water Right Certificate Requests

(1) Except as provided in ORS 537.343, the Department shall process a request received under 537.336 for a certificate for an instream water right in accordance with the provisions for obtaining a permit to appropriate water under 537.140 to 537.250, and the policies under 537.332 to 537.360.

(2) Pursuant to Section 46, Chapter 416, Oregon Laws 1995, for each application described under OAR 690-077-0000 that was pending or filed with the Commission or the Department on June 30, 1995, the Department shall determine an appropriate step in the process established in Chapter 416, Oregon Laws 1995 and this division at which to continue the application process for the application. The definitions and provisions of this division shall be applied as appropriate, to reflect the step determined by the Department.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 537.140 - 537.250 & ORS 537.332 - 537.360
Statutes/Other Implemented: ORS 537.332 - 537.360 & ORS 537.140
WRD 64-2026, minor correction filed 08/10/2026, effective 08/10/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 1-1996, f. & cert. ef. 1-31-96

Or. Admin. R. 690-077-0020 State Agency Instream Water Right Applications: Application Requirements

(1) Only ODFW, DEQ and Parks are authorized to submit applications to the Department to establish instream water rights. Applications may be submitted at any time.

(2) To promote coordination, ODFW, DEQ and Parks shall notify each other of the proposed applications prior to submittal to the Department. The applying agency should notify the other agencies of its intent to develop an instream water right application on a specified stream or lake. Notice should be given as early as possible and the other agencies should respond as soon as possible if they would like to incorporate the public uses each is responsible for into the application.

(3) After October 28, 1989, all applications for instream water rights shall be based on methods of determining instream flow needs that have been approved by administrative rule of the agencies submitting the applications.

(4) Applications to establish instream water rights shall be submitted in writing by hard copy or electronic transmittal and shall include the following:

(a) The name(s) and address(es) of the agency(ies) applying;

(b) The public uses to be served by the requested instream water right and the flows necessary to support the public uses;

(d) If a stream, the reach delineated by river mile and stream to which it is tributary;

(e) A map that includes, at a minimum, the following information:

(A) The applicable lake or stream reach by river mile,

(B) The upstream and downstream points identified by latitude and longitude, as established by a global positioning system or within a geographic information system;

(C) The township(s), range(s), and section(s) that cover the requested reach, along with the quarter quarters for the upstream and downstream points of the requested reach;

(D) A north arrow; and

(E) An identified scale.

(f) The instream flow requested by month or half month in cubic feet per second or acre-feet or lake elevation;

(g) A description of the technical data and methods used to determine the requested amounts;

(h) Evidence of notification of other qualified applicant agencies;

(i) If a multi-agency request, the amounts and times requested for each category of public use;

(j) Identification of affected local governments (pursuant to OAR 690-077-0010) and copies of notification to each affected local government of the intent to file the instream water right application;

(k) Documentation of how the agency applying for an instream water right has complied with the requirements contained in its own administrative rules for instream water rights, including application of the required methods to determine the requested flows.

(l) Any other information required in the application form that is necessary to evaluate the application in accordance with applicable statutory requirements.

(5) The applicant is encouraged to propose:

(a) A means and location for measuring the instream water right;

(b) The strategy and responsibility for monitoring flows for the instream right; and

(6) Any request for an instream water right to be supplied from stored water shall refer to the reservoir for a supply of water and shall show by documentary evidence that an agreement has been entered into with the owners of the reservoir for a sufficient interest in the reservoir to impound enough water for the purposes set forth in the request.

(7) Within 60 days after the applicant notifies the Department to proceed with the application as provided in OAR 690-077-0031, the Department shall complete the application review and issue a proposed final order approving or denying the application or approving the application with modifications or conditions. The Department may request the applicant to provide additional information needed to complete the review. If the Department requests additional information, the request shall be specific and shall be sent to the applicant by electronic means, unless the applicant has requested mailing or other sending in written form. The Department shall specify a date by which the information must be returned, which shall be not less than 10 days after the Department mails the request to the applicant. If the Department does not receive the information or a request for a time extension under OAR 690-077-0052(2) by the date specified in the request, the Department may reject the application. The time period specified by the Department in a request for additional information shall allow the Department to comply with the 60-day time limit established by this section.

History

Statutory/Other Authority: ORS 197, ORS 536.025, ORS 536.027, ORS 537.153, ORS 536.220, ORS 536.300, ORS 536.310, ORS 537.336, ORS 537.338 & ORS 537.356 - 537.358
Statutes/Other Implemented: ORS 537.332 - 537.360, ORS 536.045 & ORS 537.150
WRD 65-2026, minor correction filed 08/11/2026, effective 08/11/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96
WRD 9-1992, f. & cert. ef. 7-1-92
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-077-0027 Application Processing: Completeness Review

(1) Within 15 days after receiving an application, the Department shall determine whether the application contains the information required under OAR 690-077-0020(4) and is complete and not defective. If the Department determines that the application is incomplete or defective, the Department shall return the application.

(2) Upon determining that an application contains the information listed under OAR 690-077-0020(4) and is complete and not defective, the Department shall endorse on the application the date upon which the application was received for filing at the Department, which shall be the priority date for any water right issued in response to the application. All applications that comply with the provisions of law shall be recorded in a suitable book kept for that purpose. For the purposes of this section, a suitable book shall include the Department’s electronic water rights information system.

(3) If an application is complete and not defective, the Department shall determine whether the proposed use is prohibited because the source of water is specifically withdrawn from appropriation for such use under ORS 538 or by rule or order of the Water Resources Commission under ORS 536.410, if the Department has information sufficient to make the determination at the time of application intake. If the proposed use is prohibited, the Department shall return the application with an explanation of the reason for the return.

History

Statutory/Other Authority: ORS 537.150 & ORS 538
Statutes/Other Implemented: ORS 537.332 - 537.360, ORS 536.410 & ORS 537.150
WRD 43-2026, minor correction filed 07/30/2026, effective 07/30/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96

Or. Admin. R. 690-077-0029 Application Processing: Initial Review

(1) If the proposed use is not prohibited as described in OAR 690-077-0027(3), the Department shall undertake an initial review of the application and make a preliminary determination of:

(a) Whether the proposed use is restricted or limited by statute or rule;

(b) The extent to which water is available from the proposed source during the times and in the amounts requested; and

(c) Any other issue the Department identifies as a result of the initial review that may preclude approval of or restrict the proposed use.

(2) Upon completion of the initial review and no later than 30 days after determining an application to be complete and not defective as described in OAR 690-077-0027, the Department shall send the applicant by electronic means, unless the applicant has requested mailing or other sending in written form, an initial review report setting forth the Department's preliminary determinations. The applicant shall have 90 days from the date the Department sends the initial review report within which to notify the Department in writing to stop processing the application or to proceed with the application. Given that state-agency instream water right applications may be submitted in batches, a single communication can suffice for more than one application in the batch if the communication specifies which applications the applicant would like the Department to continue processing. If the applicant notifies the Department to stop processing the application or does not notify the Department whether to proceed with processing the application, the Department shall close the application file and take no further action on the application.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 537.150 & ORS 537.338
Statutes/Other Implemented: ORS 537.150, ORS 537.332 - 537.360 & ORS 536.045
WRD 44-2026, minor correction filed 07/30/2026, effective 07/30/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2012, f 1-31-12, cert. ef. 2-1-12
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96

Or. Admin. R. 690-077-0031 Application Processing: Public Notice and Comments

(1) If the applicant notifies the Department to proceed with the application as provided in OAR 690-077-0029(2), the Department shall proceed with processing the application. The Department shall give notice of the initial review in the weekly public notice of the Department and accept written public comments for 30 days. The weekly notice shall be sent to the following:

(a) Affected local, state and federal agencies, including the planning departments of affected local governments;

(b) Affected Indian Tribes; and

(2) The notice shall include a request for comments on the application, the date by which comments must be received by the Department, and information about how an interested person may obtain future notices about the application and a copy of the proposed final order. The notice also shall include the following information about the application:

(a) The name(s) and address(es) of the applicant agency(ies);

(b) County(ies) of water use;

(d) Description of the characteristics and the purpose of the proposed instream water right;

(e) Amount of proposed instream water right by month or half month in cubic feet per second (cfs), acre feet (af), or lake elevation;

(f) Common name of surface water source(s); and

(g) The stream reach by mile or geographic location.

(3) The notice shall be sent by electronic means, unless the applicant has requested mailing or other sending of the document in written form.

(4) Within 30 days after the public notice under Section (1) of this rule, any person interested in the application shall submit written comments to the Department. Any person who asks to receive a copy of the Department's proposed final order shall submit to the Department the fee required under ORS 536.050. The 30-day comment period shall commence on the day the Department sends the notice. All comments must be received by the Department on or before 5 p.m. on the last day of the 30-day comment period.

(5) If no comments or land use information is received by the Department within the 30-day comment period, the Commission and Director may presume the proposed instream water right is compatible with the comprehensive land use plans and land use regulations of affected local governments.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 536.220, ORS 537.140 & ORS 537.338
Statutes/Other Implemented: ORS 537.332 - 537.360 & ORS 536.045
WRD 50-2026, minor correction filed 07/31/2026, effective 07/31/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2012, f 1-31-12, cert. ef. 2-1-12
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-077-0024
WRD 5-1995(Temp), f. & cert. ef. 8-4-95
WRD 9-1992, f. & cert. ef. 7-1-92

Or. Admin. R. 690-077-0033 Application Processing: Public Interest Presumption

(1) The Department shall presume that a proposed water use will not impair or be detrimental to the public interest if:

(a) The proposed use is allowed in the applicable basin program established pursuant to ORS 536.300 and 536.340 or given a preference under 536.310(12);

(b) Water is available;

(d) The proposed use complies with the rules of the Commission.

(2) The public interest presumption described in Section (1) of this rule is a rebuttable presumption and may be overcome by a preponderance of the evidence that either:

(a) One or more of the criteria for establishing the public interest presumption are not satisfied; or

(b) The proposed use will impair or be detrimental to the public interest as demonstrated in comments, protests or a finding of the Department that shows:

(A) The specific public interest under ORS 537.170(7) that would be impaired or detrimentally affected; and

(B) Specifically how the identified public interest would be impaired or detrimentally affected.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 537.153 & ORS 537.338
Statutes/Other Implemented: ORS 537.332 - 537.360, ORS 536, ORS 537 & ORS 537.170
WRD 56-2026, minor correction filed 08/03/2026, effective 08/03/2026
WRD 34-2025, minor correction filed 12/22/2025, effective 12/22/2025
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 1-1996, f. & cert. ef. 1-31-96

Or. Admin. R. 690-077-0037 Application Processing: Public Interest Review

(1) Before issuing a proposed final order, the Department shall determine whether the public interest presumption is established for the proposed water use, as described in OAR 690-077-0033.

(2) If the Department determines that the public interest presumption is not established, the Department shall determine whether the proposed use will impair or be detrimental to the public interest considering the factors listed in ORS 537.170(7) and may either:

(a) Propose denial of the application upon a finding that the use will impair or be detrimental to the public interest; or

(b) Make specific findings to demonstrate that even though the presumption is not established, the proposed use will not impair or be detrimental to the public interest and propose approval of the application with appropriate modifications or conditions.

(3) If the Department determines that the public interest presumption is established or that the proposed instream use can be modified or conditioned to meet the public interest presumption criteria:

(a) The Department shall further evaluate the proposed use, any comments received, information available in its files or received from other interested agencies and any other available information to determine whether the public interest presumption is overcome. The Department may find that the presumption is overcome if a preponderance of evidence shows that the proposed use will impair or be detrimental to the public interest as demonstrated in comments or a finding of the Department that shows:

(A) The specific public interest under ORS 537.170(7) that would be impaired or detrimentally affected; and

(B) Specifically how the identified public interest would be impaired or detrimentally affected.

(b) In making any determination or finding in (3)(a) of this rule, the Department shall, at a minimum, consider the factors listed below, including any potential effects that the proposed use may have on these factors, where applicable:

(A) Threatened, endangered or sensitive species;

(B) Water quality, with special attention to sources either listed as water quality limited or for which total maximum daily loads have been set under Section 303(d) of the federal Clean Water Act and sources which the Environmental Quality Commission has classified as outstanding resource waters as defined in OAR 340-041-0002;

(D) Recreation;

(E) Economic development; and

(F) Local comprehensive plans, including supporting provisions such as public facilities plans.

(c) In making any determination or finding in (3)(a) of this rule, the Department may consult and communicate with state and federal agencies and local governments as appropriate.

(4) If the Department determines that the presumption is established and not overcome under the provisions of Section (3) of this rule, the Department shall issue a proposed final order recommending issuance of the certificate subject to any appropriate modifications or conditions. If the Department then receives a protest filed pursuant to OAR 690-077-0043, which asserts the presumption is not established or should be overcome, the Department shall evaluate the protest and supporting evidence in accordance with this Section and Sections (5)–(6) of this rule. The Department shall find that the public interest presumption is overcome if a preponderance of evidence shows that:

(a) One or more of the four public interest presumption criteria listed in OAR 690-077-0033(1)(a)–(d) are not met;

(b) The proposed use may impair or be detrimental to the public interest according to standards described in ORS 537.170(7), including:

(A) The specific public interest under ORS 537.170(7) that would be impaired or detrimentally affected; and

(B) Specifically how the identified public interest would be impaired or detrimentally affected.

(5) If the Department finds that under Section (4) of this rule the presumption is overcome, the Department shall issue a final order in accordance with OAR 690-077-0047 denying the application unless the Department makes specific findings to demonstrate that considering all of the public interest factors listed in ORS 537.170(7) the issuance of an instream water right certificate will not impair or be detrimental to the public interest.

(6) If the Department finds that under Section (4) of this rule the presumption is not overcome, the Department shall issue a final order in accordance with OAR 690-077-0047 approving the application with any appropriate modifications or conditions.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 537.153 & ORS 537.338
Statutes/Other Implemented: ORS 537.332 - 537.360
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96

Or. Admin. R. 690-077-0039 Application Processing: Proposed Final Order

(1) In developing the proposed final order, the Department shall consider all comments received under OAR 690-077-0031 and all findings of the Department, but the proposed final order need not separately address each comment received.

(2) The proposed final order shall cite findings of fact and conclusions of law and shall include but need not be limited to:

(a) Confirmation or modification of the preliminary determinations made in the initial review;

(b) A brief statement that explains the criteria considered relevant to the decision, including the applicable basin program and the compatibility of the proposed use with applicable land use plans;

(d) An assessment of whether the proposed use would result in injury to existing water rights;

(e) An assessment of whether the proposed use would impair or be detrimental to the public interest as provided in ORS 537.170;

(f) A draft certificate, including any proposed modifications, conditions, or a recommendation to deny the application;

(g) Whether the rebuttable presumption that the proposed use will not impair or be detrimental to the public interest has been established; and

(h) The dates by which protests to the proposed final order and requests for party status must be received by the Department.

(4) Within seven days after issuing the proposed final order, the Department shall publish notice of the proposed final order by publication in the weekly notice published by the Department.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 537.153 & ORS 537.338
Statutes/Other Implemented: ORS 537.153, ORS 537.332 - 537.360, ORS 536.077, ORS 183.415 & ORS 536.045
WRD 45-2026, minor correction filed 07/30/2026, effective 07/30/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2012, f 1-31-12, cert. ef. 2-1-12
WRD 4-2006, f. & cert. ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96

Or. Admin. R. 690-077-0043 Application Processing: Protests and Conduct of Contested Case; Final Orders on Default when No Protest Filed

(1) Protests of, requests for party status, and contested case proceedings concerning proposed final orders are governed by ORS 536.076, ORS 537.077, and OAR chapter 690, division 2. Proposed final orders shall become final orders if no protest is filed or by default as provided in OAR 690-002-0235.

(2) Within 60 days after the close of the period for receiving protests, if a protest was timely submitted, the Department shall:

(a) Issue a final order as provided under ORS 537.170 (1) or (2), if the applicant has not filed a protest and the director finds that there are no significant issues related to the proposed use of water;

(b) Schedule a contested case hearing if a protest has been submitted; or

(c) Provide any person who timely submitted a protest or request for party status with an estimate of the timing of referring the contested case to the Office of Administrative Hearings for a hearing and notice that parties may provide settlement proposals.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 537.153 & ORS 537.338
Statutes/Other Implemented: ORS 537.153, ORS 537.332 - 537.360, ORS 536.076 & ORS 536.077
WRD 66-2026, minor correction filed 08/11/2026, effective 08/11/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96

Or. Admin. R. 690-077-0047 Application Processing: Final Orders

(1) In developing the final order, the Department shall consider all comments and protests received and all findings of the Department, but the final order need not separately address each comment and protest received.

(2) If a protest of a proposed final order issued under ORS 537.153 is timely filed and, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Director determines that the proposed use does not comply with the standards set forth in ORS 543.017 or rules adopted by the Water Resources Commission under 543.017 or would otherwise impair or be detrimental to the public interest, the Director shall issue a final order denying the application or modifying or conditioning the proposed final order to conform to the public interest.

(3) If a protest of a proposed final order issued under ORS 537.153 is timely filed and, after the contested case hearing or, if a hearing is not held, after the close of the period allowed to file a protest, the Director determines that the proposed use would not impair or be detrimental to the public interest, the Director shall issue a final order approving the application or otherwise modifying or conditioning the proposed final order.

(4) A final order issued under Section (2) or (3) of this rule for an instream water right certificate may include any condition the Director considers necessary, but which is consistent with the intent of ORS 537.332 to 537.360. The final order may:

(a) Approve the instream water right application for the quantity of water requested;

(b) Approve the instream water right application for a lesser quantity of water; or

(5) If the Director reduces the quantity of water requested, denies the instream water right application, or conditions the instream water right, the Director shall include a statement of findings that sets forth the basis for the reduction, denial or conditions.

(6) Upon issuing a final order, or upon a proposed final order becoming a final order by default as provided in OAR 690-002-0235, the Director shall notify the applicant and each person who submitted written comments or protests or otherwise requested notice of the final order and send a copy of the final order to any person who requested a copy and paid the fee required under ORS 536.050. Within seven days after issuing the final order, the Department shall also publish notice of the final order by publication in the weekly notice published by the Department.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 537.170, ORS 537.343 & ORS 537.338
Statutes/Other Implemented: ORS 537.170, ORS 537.332 - 537.360, ORS 537.153 & ORS 536.077
WRD 48-2026, minor correction filed 07/31/2026, effective 07/31/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96

Or. Admin. R. 690-077-0048 Application Processing: Final Public Interest Determination

If the presumption of public interest under OAR 690-077-0033 is overcome in the manner described in 690-077-0037, then before issuing a final order, the Director or the Commission, if applicable, shall make the final determination of whether the proposed use, or the proposed use as modified or conditioned in the proposed final order, would impair or be detrimental to the public interest by considering the factors set forth in ORS 537.170(7).

History

Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 537.170 & ORS 537.338
Statutes/Other Implemented: ORS 537.332 - 537.360
WRD 35-2025, minor correction filed 12/22/2025, effective 12/22/2025
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96

Or. Admin. R. 690-077-0049 Application Processing: Statement of Findings

Any order or proposed order by the Director or Commission that approves, reduces, conditions or denies an instream water right application shall include a statement or findings that sets forth the basis for the approval, reduction, conditioning or denial.

History

Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
Statutes/Other Implemented: ORS 537.332 - 537.360
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-077-0044
WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0040
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-077-0051 Application Processing: Contested Case Hearing on Final Order that Modifies Proposed Final Order

If a timely protest of a proposed final order was filed by a person other than the applicant and, as described in ORS 537.153(7)(a), the Director issues a final order without holding a contested case hearing, and the final order modifies the proposed final order, the applicant, a person granted party status or a protestant may submit a protest as provided in OAR 690-002-0220 within 14 days after the Director issues the final order. The issues on which a contested case hearing may be requested and conducted under this paragraph shall be limited to issues based on the modifications to the proposed final order. The Department must refer the protest to the Office of Administrative Hearings for hearing if the protestant is an applicant, unless the applicant withdraws the protest or the protest is resolved through a settlement prior to referral.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 537.170 & ORS 537.338
Statutes/Other Implemented: ORS 537.170, ORS 537.332 - 537.360 & ORS 537.153
WRD 47-2026, minor correction filed 07/31/2026, effective 07/31/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96

Or. Admin. R. 690-077-0052 Application Processing: Time Requirements

(1) Except as provided in Section (2) of this rule, the Department shall issue a final order or schedule a contested case hearing on an application for a water right referred to in ORS 537.336 within 180 days after the Department proceeds with the application under OAR 690-077-0029(2).

(2) If the applicant requests an administrative hold on processing of the application, the Department may extend the 180-day period set forth in Section (1) of this rule for a reasonable period of time. The cumulative length of extensions requested through administrative holds shall not exceed 180 days except upon a finding by the Director that a longer extension is reasonable and necessary for the applicant to engage in collaborative conversations with interested parties that provided public comment under OAR 690-077-0031(4), and the extension does not exceed two years.

(3) If the applicant does not request an extension under Section (2) of this rule and the Department fails to issue a proposed final order or schedule a contested case hearing on an application for a water right within 180 days after the Department proceeds with the application under OAR 690-077-0029(2), the applicant may apply in the Circuit Court for Marion County for a writ of mandamus to compel the Director to issue a final order or schedule a contested case hearing on an application for a water right.

(4) The mandatory timelines set forth in division 77 for the Department to process applications shall not apply to applications filed before October 31, 1996.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 537.175 & ORS 537.338
Statutes/Other Implemented: ORS 537.175 & ORS 537.332 - 537.360
WRD 46-2026, minor correction filed 07/31/2026, effective 07/31/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96

Or. Admin. R. 690-077-0053 Application Processing: Issuance of Instream Water Right Certificate

After the Director issues a final order approving an instream water right, the Department shall issue a certificate for an instream water right according to the provisions of ORS 537.341. The instream water right shall date from the filing of the application with the Commission. The certificate shall be in the name of the Department as trustee for the people of the State of Oregon and shall be issued by the Commission according to the procedures established under ORS 537.338. The Commission shall forward a copy of each certificate issued under this rule to the state agency requesting the instream water right. A certificate for an instream water right supplied by stored water shall refer to the reservoir described in the request filed under ORS 537.336.

History

Statutory/Other Authority: ORS 536.025, 536.027, 537.338 & 537.341
Statutes/Other Implemented: ORS 537.332 - 537.360
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96

Or. Admin. R. 690-077-0054 Conversion of Minimum Perennial Streamflows to Instream Water Rights

(1) Pursuant to ORS 537.346, all minimum perennial streamflows established on any waters of this state before June 25, 1988, shall be converted to in-stream water rights. When the Department proposes to convert a minimum perennial streamflow to an in-stream water right under ORS 537.346, the Department shall issue a proposed final order reflecting the proposed conversion.

(2) Any person or agency may request a contested case hearing on any of the conversions proposed within 45 days of issuance of a proposed final order.

(3) Protests of, requests for party status, and contested case proceedings concerning proposed final orders are governed by Or Laws 2025, ch 575 and OAR chapter 690, division 002. Proposed final orders shall become final orders if no protest is filed or by default as provided in OAR 690-002-0235.

(4) Within 60 days after the close of the period for receiving protests, if a protest was timely submitted, the Department shall:

(a) Issue a final order as provided under ORS 537.170 (1) or (2), if the director finds that there are no significant issues related to the proposed conversion;

(b) Schedule a contested case hearing if a protest has been submitted; or

(5) A protest shall be filed individually for specific minimum perennial streamflows and shall be substantiated by evidence that:

(a) The conversion will take away or impair permitted, certificated or decreed water rights to the same source of water and a statement of what conditions, if any, could be attached to the conversion to avoid the problems identified, or what clarifications are necessary;

(b) The existing minimum perennial streamflow is not for a public use or exceeds the amounts necessary for the public use; and/or

History

Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 536.220, ORS 536.300, ORS 536.310, ORS 537.338 & ORS 537.356 - 537.358
Statutes/Other Implemented: ORS 537.332 - 537.360, ORS 536.076, ORS 536.077 & ORS 536.153
WRD 67-2026, minor correction filed 08/11/2026, effective 08/11/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1996, f. & cert. ef. 1-31-96, Renumbered from 690-077-0050
WRD 9-1992, f. & cert. ef. 7-1-92
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-077-0055 Disposition of Minimum Perennial Stream-flows

Following the conversion of a minimum streamflow, the Commission shall retain the original minimum streamflow until it determines through basin program amendment that no public benefit is derived by maintaining both an instream water right and a minimum streamflow.

History

Statutory/Other Authority: ORS 536 & 537
Statutes/Other Implemented: ORS 536 & 537
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-077-0065 Instream Transfers and Leases: General Provisions

(1) The Department shall promote and facilitate potential instream transfers and leases under ORS 537.348 to provide benefits for public uses.

(2) The Department encourages districts and other water purveyors to prepare single lease applications that pool individual existing water rights for lease during the same term.

(3) Department personnel shall review instream transfer or lease applications pursuant to OAR 690-077-0070 through OAR 690-077-0079, OAR 690-077-0105, and OAR 690-077-0110 to assure that they comply with these rules and, if needed, to develop conditions to prevent enlargement of the existing water right or injury to other existing water rights.

(4) Completed lease applications submitted pursuant to OAR 690-077-0076 and OAR 690-077-0105, including signatures of lessor(s) and lessee (if applicable), and all necessary attachments or exhibits, must be received by the Department's Salem office prior to July 1, or for year-round uses, must be received prior to October 1. Completed lease applications received after this date shall be returned or, at the request of the applicant, be processed to be effective for the next calendar year. At the discretion of the Director, an application may be received and processed after this date during the current year.

(5) The Department may compile descriptive information to assist all parties in addressing technical issues related to instream transfers and leases, including but not limited to describing injury and enlargement issues, setting the location of a proposed instream water right and making agreements for measuring and monitoring the instream water right. The descriptive information shall not restrict new leases, but shall offer options that have been used in earlier leases to ensure compliance with OAR chapter 690, division 77.

(6) The Department may prepare lease application forms that include the requirements listed in OAR 690-077-0076, OAR 690-077-0105, and any additional information the Department deems necessary to comply with the policies of OAR chapter 690, division 77 and to reflect the nature of the existing water rights proposed for instream lease.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.332 - 537.360
Statutes/Other Implemented: ORS 537.332 - 537.360
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01, Renumbered from 690-077-0078
WRD 1-1995, f. & cert. ef. 2-14-95

Or. Admin. R. 690-077-0070 Application for Instream Transfer

(1) As provided in ORS 537.348(1), any person may apply for an instream transfer, including a time-limited instream transfer.

(2) A holder of a water use subject to transfer that is for surface water, above-ground storage of surface water, or the use of stored surface water may change all or a portion of the right.

(3) For an instream transfer of an above-ground storage right, the applicant shall consult with the watermaster prior to submittal of the application to determine necessary measurement and reporting requirements to prevent enlargement.

(4) An application for instream transfer shall include the following information:

(a) The transfer application requirements described in OAR 690-380-3000, except that the application map for instream transfer shall be consistent with the requirements outlined under OAR 690-077-0071;

(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; and

(e) For a time-limited instream transfer, the duration or number of years for which the time-limited instream transfer is being requested and the requested provisions, if any, for early termination.

(5) For instream transfer of an above-ground storage right, in addition to the application requirements under section (4) of this rule, the application shall:

(a) Be consistent with the results of the watermaster consultation outlined in section (3) of this rule and shall include, but is not limited to, the following requirements specified by the watermaster:

(A) A description of the location(s) and type(s) of measuring device(s);

(B) A description of the frequency of the measurements; and

(b) Identify the total volume or rate authorized under the above-ground storage right;

(c) Identify the total volume or rate of the above-ground storage right that is allocated to secondary water right(s) for use of the stored water and the associated permit or certificate number(s) of the secondary water right(s);

(d) Identify the total volume or rate of the above-ground storage right proposed for instream transfer; and

(e) Include affidavits of voluntary cancellation for secondary water right(s), as applicable, if the combined total volume or rate of subsections (5)(c) and (5)(d) of this rule exceeds the volume or rate identified under subsection (5)(b) of this rule, to ensure the authorized volume or rate of water under the above-ground storage right is not exceeded.

(6) The Department may require additional information needed to complete the evaluation of the proposed conversion under this rule.

History

Statutory/Other Authority: ORS 536 & ORS 537
Statutes/Other Implemented: ORS 536, ORS 537, ORS 540 & ORS 540.520
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
Reverted to WRD 1-1995, f. & cert. ef. 2-14-95
WRD 5-1995(Temp), f. & cert. ef. 8-4-95
WRD 1-1995, f. & cert. ef. 2-14-95
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-077-0071 Map Requirements for Instream Transfer and Instream Lease Applications

(1) A map must be submitted that includes, at a minimum, the following information:

(a) North directional symbol, map scale and legend;

(b) Township, range, section and quarter-quarter (QQ), including tax lots, donation land claims and government lots, if appropriate;

(c) If an irrigation right, nursery use, or other similar uses, the number of acres to be leased or transferred in each quarter-quarter must be clearly labeled and hachured to differentiate between the acres being leased or transferred and any remaining acreage must be identified;

(d) If the place of use on the water right is broken down by more than one priority date, or source stream, and/or diversion the map must identify each with separate hachuring and clearly label what is being changed;

(e) For instream transfer application maps, identify the point(s) of diversion authorized on the water right. If the water right does not identify the point(s) of diversion, include information in the application to identify where the point of diversion is located;

(f) Provide a statement describing the proposed instream reach or point; and

(g) If more than three water rights are involved, separate maps are needed for each water right.

(2) The map described in section (1) of this rule need not be prepared by a certified water right examiner.

(3) An existing water right map that meets the requirements of this section may be used, if approved by the Department prior to submittal of the application.

(4) If the existing water right proposed for instream lease or transfer is for municipal or quasi-municipal water use, a map is not required.

History

Statutory/Other Authority: ORS 536 & ORS 537
Statutes/Other Implemented: ORS 536, ORS 537, ORS 540 & ORS 540.520
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Or. Admin. R. 690-077-0075 Processing an Instream Transfer Application

(1) A proposed instream transfer application, including a time-limited instream transfer application, shall be processed pursuant to the water right transfer rules in OAR 690-380-4000 through OAR 690-380-5000.

(2) The Department shall provide notice of the proposed instream transfer pursuant to OAR 690-380-4005, and to affected Indian tribes.

(3) In addition to the assessment described in OAR 690-380-4000, the Department’s initial review 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 existing 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, located 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(7); and

(D) Any known areas of natural loss of streamflow to the riverbed. Where an instream water right passes through an area of known natural loss, several stream reaches may be required to incorporate the reduced flows available, in accordance with paragraph (3)(c)(B) of this rule; and

(A) Return flows which shall be subtracted from the instream water right at the point of diversion, unless the return flows occur at a definite point located a substantial distance below the 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;

(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; and

(C) For instream transfers of above-ground storage rights, the total volume or rate of the above-ground storage right that is allocated to secondary water right(s), combined with the total volume or rate of the above-ground storage right proposed for instream transfer, shall not exceed the total volume or rate authorized under the above-ground storage right.

(4) The initial review described in section (3) of this rule shall also specify that if the instream application can be approved, then the approval shall include, but is not limited to, conditions specifying that the Department shall:

(a) For permanent instream transfers:

(A) Cancel the existing water right(s), or portion affected by the instream transfer application;

(B) Issue a permanent instream water right certificate(s); and

(C) Issue new remaining right certificate(s), if applicable, for the portion(s) of the existing water right(s) not involved in the instream transfer application; and

(b) For time-limited instream transfers:

(A) Specify the date of expiration or other conditions for termination of the instream water right; and

(B) Suspend the use of the existing water right during the effective period of the instream water right.

(5) In addition to the proposed final order requirements outlined in OAR 690-380-4010, for permanent instream transfer applications, the Department shall issue draft permanent instream water right certificate(s).

(6) As part of the notice of the proposed final order required under OAR 690-380-4020, the Department shall, except for time-limited instream transfer applications, also send copies of the draft permanent instream water right certificate(s) to the applicant(s) by registered or certified mail in accordance with ORS 183.415.

(7) Upon approval of an instream transfer application, the Department shall:

(a) For a permanent instream transfer, mail a copy of the instream water right certificate and the final approval order to the applicant and as appropriate, to affected Indian Tribes, ODFW, DEQ, and Parks; or

(b) For a time-limited instream transfer, mail a copy of the final approval order to the applicant and as appropriate, to affected Indian Tribes, ODFW, DEQ, and Parks.

History

Statutory/Other Authority: ORS 197, ORS 536.025, ORS 536.027, ORS 536.220, ORS 536.300, ORS 536.310, ORS 537.338, ORS 537.356 - 537.358 & ORS 537.348
Statutes/Other Implemented: ORS 197, ORS 536.025, ORS 536.027, ORS 536.220, ORS 536.300, ORS 536.310, ORS 537.338, ORS 537.356 - 537.358, ORS 537.348, ORS 540.520, ORS 540.530 & ORS 537.150
WRD 68-2026, minor correction filed 08/11/2026, effective 08/11/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1995, f. & cert. ef. 2-14-95
WRD 9-1992, f. & cert. ef. 7-1-92
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-077-0076 Application for an Instream Lease

(1) A holder of a water use subject to transfer that is for surface water, above-ground storage of surface water, or the use of stored surface water may enter into a lease to change all or a portion of the existing water right to an instream water right for a specified time period not to exceed five years.

(2) The parties to the lease application shall include, but are not limited to:

(a) The holder(s) of the subject water right(s) as the lessor(s);

(b) Any irrigation district or similar organization as defined in ORS chapters 545, 547, 552, 553, or 554 which conveys water to the subject water right and the owner of any storage facility which is the source of the water, as co-lessor(s), if applicable; and

(c) The lessee, if different than the Department. The lessee may include, but is not limited to, individuals; organizations who may assist with the lease application; or organizations who may provide compensation to the lessor(s) for the leasing of the existing water right(s) instream.

(3) For an instream lease of an above-ground storage right, the applicant shall consult with the watermaster prior to submittal of the application to determine necessary measurement and reporting requirements to prevent enlargement.

(4) An application to lease an existing water right(s) for instream uses must be filed with the Department, on a form provided by the Department, and shall include:

(a) Names, signatures, mailing addresses, and email addresses (if available) of the parties. In the case where the lessor(s) is a district or water purveyor, the lease application shall be submitted by the district or water purveyor and signed by the manager or authorized representative of the district or water purveyor. In the case where the lessee is other than the Department, the lease application shall be submitted by the individual or organization and signed by the individual or an authorized representative of the organization, as applicable;

(b) If the lessor(s) is a district, the application shall include a statement by the district’s manager or authorized representative that each district water user involved in the lease application has provided written authorizations for the lease, such authorization is on file with the district, and is available to the Department and the public upon request;

(c) A description of the existing water right(s) proposed for lease, including the point of diversion location. If only a portion of an existing water right is proposed for lease, a description of the place of use and maps consistent with OAR 690-077-0071 are required. If the lessor(s) is a district, the description shall include the name of each district water user by parcel;

(d) Rate, total volume, timing and location of the proposed instream leases;

(e) Provision ensuring the original use of the existing water right will be suspended;

(f) The term of the lease;

(g) A statement by the lessor(s) verifying that the existing water right(s) being leased instream has been used under the terms and conditions of the rights during the last five years, or as an instream water right, or an explanation why the existing water right(s) is not subject to forfeiture under ORS 540.610. As an alternative, an irrigation district or other water purveyor may provide evidence for owners, verifying delivery of water for the lands appurtenant to the rights to be leased;

(h) If the lessor(s), as identified in subsection (2)(a) of this rule, is not the deeded owner of the land to which the existing water right is appurtenant, sufficient documentation to demonstrate that the lessor(s) is authorized to pursue the instream lease. These also include what the district shall hold on file for subsection (4)(b). Such documentation shall include:

(A) A notarized statement from the landowner consenting to the lease and a copy of the recorded deed;

(B) A water right conveyance agreement(s) as defined in OAR chapter 690, division 380 and a copy of the recorded deed for the landowner at the time the water right was conveyed; or

(C) Other documentation that demonstrates to the Department’s satisfaction that the lessor(s) is authorized to pursue the lease in the absence of the consent of the landowner;

(i) A map consistent with OAR 690-077-0071; and

(j) The appropriate fee as required under ORS 536.050.

(5) For instream lease of an above-ground storage right, in addition to the application requirements under this rule, the application shall:

(A) A description of the location(s) and type(s) of measuring device(s);

(B) A description of the frequency of the measurements; and

(b) Identify the total volume or rate authorized under the above-ground storage right;

(c) Identify the total volume or rate of the storage right that is allocated to secondary water right(s) for use of the stored water;

(d) Identify the total volume or rate authorized under the above-ground storage right proposed for instream lease;

(e) If the combined total volume or rate of subsections (8)(c) and (d) of this rule exceeds the volume or rate identified under subsection (8)(b) of this rule, list the secondary water right(s) under which use of the stored water will be suspended for the term of the lease to ensure the authorized volume or rate of water under the above-ground storage right is not exceeded; and

(f) If secondary water right(s) are identified for suspension pursuant to the calculation described in subsection (8)(e) of this rule, provide sufficient documentation to demonstrate that the lessor(s) is authorized to suspend the use of stored water under the secondary water right(s) and pursue the instream lease. Such documentation shall include:

(A) A notarized statement from the landowner or water right holder of record consenting to the lease and a copy of the recorded deed; or copies of contracts or agreements for the use of a reservoir owned by a federal government; or

(B) A water right conveyance agreement(s) as defined in OAR chapter 690, division 380 and a copy of the recorded deed for the landowner at the time the water right was conveyed; or

(C) Other documentation that demonstrates to the Department’s satisfaction that the lessor(s) is authorized to pursue the lease in the absence of the consent of the landowner or water right holder of record; and

(g) Include a statement that the quantity of water proposed for instream lease will not be stored under the storage right for the term of the instream lease.

(6) Lease applications shall conform with applicable provisions of OAR 690-077-0015.

(7) If a final order was issued approving an existing instream lease, and the term of that lease has expired or is about to expire, and there are no changes to the instream use or to the water (or portion thereof) involved, an instream lease renewal application meeting the requirements set forth under OAR 690-077-0105 can be submitted.

History

Statutory/Other Authority: ORS 536.025 & ORS 536.027
Statutes/Other Implemented: ORS 537.332 – 537.360
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06

Or. Admin. R. 690-077-0077 Processing an Instream Lease Application

(1) On receipt of a complete instream lease application, the Department shall give notice of the application in its weekly public notice and accept written public comments for 21 days.

(2) An assessment shall be prepared by the watermaster or other Department field staff of whether the lease application meets the requirements of these rules to suspend water use under the existing water right and avoid injury or enlargement;

(3) The Department shall evaluate the instream lease application for injury and enlargement. The Department may consider, but is not limited to, the following factors to determine the existence of injury or enlargement as a result of the lease:

(a) Rate and duty, or total volume proposed for instream lease;

(b) Location of return flows;

(d) Priority dates of instream water rights and other existing water rights;

(e) If the existing water right proposed for instream lease is an above-ground storage right:

(A) The total volume authorized under the above-ground storage right; and

(B) The total volume of the above-ground storage right that is allocated to secondary water right(s) for use of the stored water; and

(f) Issues potentially arising from water users that share a conveyance system.

(4) If any comments are received in response to the notice under section (1) of this rule that allege injury to other existing water rights or enlargement of the existing water right proposed for instream lease, the Department shall provide the comments to the parties, and the Department shall review the comments prior to issuance of an order approving or denying the lease application.

(5) If the Department determines that the proposed lease may cause injury to other existing water rights or enlargement of the existing water right proposed for instream lease, considering issues raised under section (3) of this rule, the order approving the lease application shall be conditioned to prevent the injury or enlargement. If injury or enlargement cannot be prevented, the Department shall deny the lease application. However, if an order approving the lease application has already been issued, and the Department later finds injury or enlargement, the Department shall issue an order modifying or terminating the lease.

(6) If a lease is for more than one year, any allegations of injury or enlargement that are received through December 31 of the preceding calendar year of the lease shall be provided to the parties and reviewed by the Department to determine whether modifications of the lease order are warranted for the remainder of the term of the lease.

(7) In the event that the Department receives a claim of injury or enlargement after issuing an order approving a lease, the Department shall notify the parties. If the Department determines the claim is valid, it shall not distribute water in a way that would cause the injury or enlargement to continue. If injury or enlargement claims are valid and cannot be prevented, the Department shall issue an order terminating the lease.

(8) The description of the reach or point of an instream water right provided in response to OAR 690-077-0076(4)(d) shall conform to the provisions of OAR 690-077-0015(6) and (7) and 690-077-0075(3).

(9) Except as provided in OAR 690-077-0079, a lease involving an existing water right that is limited to a season of use or a duty of water for a season or year shall only allow the use of the existing water right or the instream right, not both, during any one season unless the source is from stored water.

(10) If the existing water right being leased has an associated primary or supplemental water right, the lessor(s) shall assure that neither right is being exercised under the existing water right during the term of the lease unless the lease is for the use of water legally stored under a supplemental water right. In the case of supplemental stored water, an order approving a lease may be issued that does not restrict the use of the primary source.

(11) If the existing water right for an instream lease is an above-ground storage right, and the storage right will be used in tandem with a secondary right to shape storage releases for instream uses, the Department may include conditions to identify the amount and timing of the release of the stored water being protected instream. If the storage right will not be used in tandem with a secondary right to shape storage releases for instream uses, the lessor(s) shall not store the quantity of water being leased instream during the term of the lease.

(12) Existing water rights for which an order has been issued approving a lease application under OAR 690-077-0077 are considered to be beneficially used for each year that the lease establishes an instream water right.

(13) A lessee has the same standing as the lessor for all purposes regarding management and enforcement of the instream water right.

(14) Copies of orders approving a lease application shall be distributed to all parties, filed with the appropriate watermaster, and tracked on the Department's water rights information system.

(15) Leases that are executed under the provisions of ORS 536.720 to 536.780 "Emergency Water Shortage Powers" shall not be subject to provisions of these rules. Those leases are covered under OAR chapter 690 division 19.

(16) Except as provided in Sections (5) and (6) of this rule, orders approving lease applications shall only be terminated by a superseding order or by specific provision of the originating order approving the lease application.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.332 - 537.360
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 1-2012, f 1-31-12, cert. ef. 2-1-12
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 1-1995, f. & cert. ef. 2-14-95

Or. Admin. R. 690-077-0079 Split Season Use Instream Leasing

(1) An application for a split season use instream lease of water shall include the information required under OAR 690-077-0076 and follow the lease process described under 690-077-0077.

(2) The applicant shall consult with the Department prior to submittal of the application to determine necessary measurement and reporting requirements to prevent enlargement. Measurement devices required by the Department as a result of this consultation shall be in place prior to water use for both the existing purpose and the proposed instream purpose.

(3) In addition to the application requirements described in OAR 690-077-0076, split season use lease applications shall:

(a) Be submitted to the Department two weeks prior to water use either for the existing purpose or for the proposed instream purpose, whichever comes first;

(b) Be submitted on a form provided by the Department;

(c) Describe when the water will be used for the existing purpose and when the water will be used for the instream purpose, in accordance with the following:

(A) The existing water use and the instream use shall not be concurrent. However, a portion of an existing 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 a different time period for split season use; and

(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;

(d) Be consistent with the results of the Department consultation outlined in section (2) of this rule and shall include, but is not limited to, the following requirements specified by the Department:

(A) A description of the location(s) and type(s) of measuring device(s);

(B) A description of the frequency of measurements and reporting; and

(e) Identify the total amount of water proposed to be used, listed by rate and duty or volume for the existing purpose and for the instream purpose, including monthly or partial season rate, duty, or volume limitations, if appropriate.

(4) Upon issuance of an order approving a split season use instream lease application, consistent with the consultation and the requirements described in sections (2) and (3)(d) of this rule, the applicant (lessor or lessee), or the designated third party to be responsible for performing the measurements, shall measure and report to the Department, the amount of water used for the existing purpose authorized under the water right(s) and for the instream purpose.

History

Statutory/Other Authority: ORS 536.025, ORS 536.027, ORS 536.220, ORS 536.300, ORS 536.310 & ORS 537.348
Statutes/Other Implemented: ORS 537.348 & ORS 537.332 - 537.360
WRD 57-2026, minor correction filed 08/03/2026, effective 08/03/2026
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01

Or. Admin. R. 690-077-0090 Miscellaneous Provisions: Drought Emergency Provisions

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.

History

Statutory/Other Authority: ORS 536 & 537
Statutes/Other Implemented: ORS 536 & 537
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-077-0100 Miscellaneous Provisions: Precedence of Future Uses

(1) The applicants for a proposed multipurpose storage project may submit a formal written request to the Department 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 submit a formal written request to the Department 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 submit a formal written request to the Department to establish precedence over an instream water right created through OAR 690-077-0020.

(4) The Department shall accept public comment on the request.. The Department shall provide notice of the public comment opportunity in its weekly public notice.

(5) After considering public comment received, the Department shall incorporate the Department’s decision on precedence into the proposed final order on the application. Based on consideration of the factors in ORS 537.170(7), the Department may decide to:

(a) Approve the requested precedence;

(b) Approve the requested precedence with conditions; or

(6) The Department shall incorporate findings that explain the basis for the decision made in Section (5) of this rule into the proposed final order on the application.

History

Statutory/Other Authority: ORS 536 & ORS 537
Statutes/Other Implemented: ORS 536 & ORS 537.352
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 4-2006, f. & cert .ef. 10-2-06
WRD 8-2001, f. & cert. ef. 12-14-01
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-077-0105 Application for Expedited Instream Lease Renewal

(1) A holder of any prior final order approving an instream lease application may submit a renewal application, provided that the prior approved final order and the instream lease renewal application meet the following criteria:

(a) The instream lease renewal application is submitted within 5 years from the date of expiration specified in the last final order approving the instream lease;

(b) The term of the prior approved final order has expired or is about to expire;

(A) The instream use authorized under the prior approved final order; or

(B) The quantity of water (or portion thereof) authorized under the prior final order for instream lease;

(d) The instream lease renewal application is complete and includes:

(A) The prior existing instream lease number (i.e., IL-XXX or SL-XX);

(B) The requested term of the renewed instream lease, being no less than one calendar year and no more than five calendar years;

(D) The name(s) of the parties to the lease application pursuant to subsection OAR 690-077-0076(2) and OAR 690-077-0076(4)(a) and (b); and

(e) The appropriate fee pursuant to ORS 536.050 is submitted.

(2) No map is required for an instream lease renewal application.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.332-537.360
Statutes/Other Implemented: ORS 537.348
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Or. Admin. R. 690-077-0110 Processing an Application for Instream Lease Renewal

(1) Upon receipt of an instream lease renewal application, the Department shall give notice of the application by publication in the Department’s weekly public notice. Any allegation of injury must be delivered in writing to the Department no later than 21 days after publication of the request in the Department’s weekly public notice.

(2) Concurrent with the waiting period described in section (1) of this rule, the Department shall:

(a) Review the renewal application to confirm all requirements outlined in OAR 690-077-0105 are satisfied; and

(b) Consult with the local watermaster to determine whether the watermaster review completed for the prior approved instream lease is sufficient. If the watermaster finds that:

(A) The prior watermaster review is sufficient, then the watermaster shall provide written or electronic mail confirmation that the review is still valid and completion of a new watermaster review will not be required; or

(B) The prior watermaster review is not sufficient, then the watermaster shall complete a new watermaster review for the instream lease renewal application.

(3) The Department shall issue an order approving the instream lease renewal application, provided that:

(a) Leasing the water right instream will not result in, or can be conditioned to prevent, injury to other existing water rights and enlargement of the water right proposed for instream lease renewal; and

(b) All the requirements outlined in section (2) of this rule are satisfied.

(4) The Department may, at any time, revoke or modify an order issued to approve an instream lease renewal if the Department later finds that the use of the water right for instream use under the lease has resulted in, or may result in, injury or enlargement.

History

Statutory/Other Authority: ORS 536.027 & ORS 537.332-537.360
Statutes/Other Implemented: ORS 537.348
WRD 3-2026, adopt filed 03/20/2026, effective 04/01/2026

Division 78 APPLICATIONS AND PERMITS FOR CHEMICAL PROCESS MINING

Or. Admin. R. 690-078-0000 Purpose

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.

History

Statutory/Other Authority: OL 735 & 1991
WRD 1-1992, f. & cert. ef. 1-15-92

Or. Admin. R. 690-078-0010 Definitions

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 dissolve 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.

History

Statutory/Other Authority: OL 735 & 1991
WRD 1-1992, f. & cert. ef. 1-15-92

Or. Admin. R. 690-078-0020 Water Use Permit Applications for Chemical Process Mining

(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.

History

Statutory/Other Authority: OL 735 & 1991
WRD 1-1992, f. & cert. ef. 1-15-92

Or. Admin. R. 690-078-0030 Information Required to File a Water Use Permit Application for Chemical Process Mining

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: Publications referenced are available from the agency.]

History

Statutory/Other Authority: OL 735 & 1991
WRD 1-1992, f. & cert. ef. 1-15-92

Or. Admin. R. 690-078-0040 Information Required to Process a Water Use Permit Application for Chemical Process Mining

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: Publications referenced are available from the agency.]

History

Statutory/Other Authority: OL 735 & 1991
WRD 1-1992, f. & cert. ef. 1-15-92

Or. Admin. R. 690-078-0050 Information Required to Process an Application for Storing Water and Constructing a Reservoir for Chemical Process Mining

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 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: Publications referenced are available from the agency.]

History

Statutory/Other Authority: OL 735 & 1991
WRD 1-1992, f. & cert. ef. 1-15-92

Or. Admin. R. 690-078-0060 Processing Incomplete Applications for Chemical Process Mining

(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.

(2) The Department’s correspondence shall state a time within which the application or requested information must be returned to the Department. The time allowed shall not be less than 30 days nor more than 60 days from the date on the correspondence. Failure to return the application within the time specified shall result in the loss of the tentative priority date. Failure to return the application or the requested information may result in the rejection of the application.

(3) Upon written request of the applicant, the Department may grant an extension of time, up to one year, for the applicant to complete the application or supply the requested information:

(a) The request shall state the reasons for the proposed extension;

(b) The request shall indicate the amount of time needed to complete the application or supply the requested information.

(4) The Department shall respond within 10 working days to the request indicating if the extension has/has not been granted and the date the information is due.

History

Statutory/Other Authority: OL 735 & 1991
WRD 1-1992, f. & cert. ef. 1-15-92

Or. Admin. R. 690-078-0070 Process for Amending Applications for Chemical Process Mining

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.

History

Statutory/Other Authority: OL 735 & 1991
WRD 1-1992, f. & cert. ef. 1-15-92

Or. Admin. R. 690-078-0080 Map to Accompany an Application for Water Use Permit for Chemical Process Mining

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 = one mile. Small area maps may be more easily and clearly drawn to a larger scale, such as one 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;

(d) The scale to which the map is drawn, the section number, township, and range, and a north directional symbol.

History

Statutory/Other Authority: OL 735 & 1991
WRD 1-1992, f. & cert. ef. 1-15-92

Or. Admin. R. 690-078-0090 Processing an Application for Use of Water in Chemical Process Mining

(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.

(4) The Director shall review all applications for chemical process mining to determine if the proposed use:

(a) Complies with Water Resources Commission policies, rules and basin programs;

(b) Does not harm vested and inchoate rights;

(d) Is not the subject of a request for review by a public agency or person;

(e) Is allowable under the comprehensive plans of affected local governments, and if applicable local land use approvals have been received or are pending based upon the land use information submitted pursuant to OAR 690-078-0040(7) and 690-078-0050(5), or other input from the affected jurisdiction(s);

(f) Does not raise any substantial public interest issues.

(5) If subsections (4)(a) through (f) of this rule are satisfied, the Director shall prepare a draft permit.

(6) If one or more of subsections (4)(a) through (f) of this rule is not satisfied, the Director shall work with the applicant and any person or agency raising the concern to determine whether the issues can be resolved through mutually agreeable conditions, provisions of the permit, or modifications of the application.

(7) If the issue cannot be resolved through negotiation, the Director shall prepare a denial document or draft a permit based on information in the file and the Department’s policies, rules and basin programs.

(8) In the event of a land use dispute, as defined in OAR 690-005-0015 (Definitions), the Commission or Director shall follow procedures provided in 690-005-0040 (Resolution of Land Use Disputes).

(9) The Department shall provide a draft permit with conditions or a denial document to the Department of Geology and Mineral Industries within 225 days from the date the consolidated application and environmental evaluation is determined to be complete:

(a) The Department shall include a written explanation of any condition that is inconsistent with the environmental evaluation;

(b) The explanation shall set forth the findings of the agency that support the conditions set forth in the draft permit;

(c) The permit shall be conditioned such that additional conditions may be added when a water right certificate is issued.

(10) The Director and Commission shall address the requirements of OAR 690-005-0045 (Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans) in evaluating and taking action on permit applications.

(11) Based upon information received at the consolidated public hearing held by DOGAMI (Section 19(2), Chapter 735, 1991 Session Laws), the Department shall, within 45 days after the hearing or any timeline set by a federal agency (whichever is earlier), approve, deny, or modify the permit with appropriate changes or conditions.

(12) The applicant or any person who testified at the consolidated public hearing may, within 30 days from the date the permit was issued, file with DOGAMI a written request for a contested case hearing:

(a) The water use permit shall be suspended until completion of the hearing process;

(b) Each permitting agency whose permit was appealed may appoint a hearings officer to participate in the hearing or with consent of all agencies, DOGAMI may appoint a single hearings officer;

(d) A party may file with the Department written exceptions to a proposed order on a water use permit;

(e) If the Department determines that additional information may be included in the record, the proposed order shall be returned to the appropriate hearings officer for further consideration;

(f) After receiving exceptions and hearing argument on the exception, the appropriate hearings officer shall adopt as a final order the proposed order or issue a new order.

(13) Proceedings for review of the issuance or denial of a permit is with the Supreme Court. The petition shall be filed within 60 days following the date the permit is issued or denied. Filing the petition for review shall stay the permit during judicial review for a period of up to six months. The Supreme Court can extend the stay.

(14) The Department shall take final action on the permit within one year from the date of the notice to proceed as referenced in OAR 690-011-0080(3)(b). This may be postponed with agreement of the applicant.

History

Statutory/Other Authority: OL 735 & 1991
WRD 1-1992, f. & cert. ef. 1-15-92

Or. Admin. R. 690-078-0100 Modification of a Permit for Use of Water for Chemical Process Mining

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.

History

Statutory/Other Authority: OL 735 & 1991
WRD 1-1992, f. & cert. ef. 1-15-92

Or. Admin. R. 690-078-0110 Miscellaneous Provisions

(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;

(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.

History

Statutory/Other Authority: OL 735 & 1991
WRD 1-1992, f. & cert. ef. 1-15-92

Division 79 RESERVATIONS OF WATER FOR FUTURE ECONOMIC DEVELOPMENT

Or. Admin. R. 690-079-0010 Purpose

(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.

History

Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.170, 537.249, 537.338 & 537.356 - 537.358
Statutes/Other Implemented: ORS 536.220, 536.310, 537.249, 537.356 & 537.358
WRD 3-2016, f. & cert. ef. 4-19-16
WRD 7-2015(Temp), f. & cert. ef. 12-2-15 thru 5-29-16
WRD 7-1993, f. & cert. ef. 11-30-93
WRD 9-1992, f. & cert. ef. 7-1-92

Or. Admin. R. 690-079-0020 Definitions

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 690, division 1.

(4) “Department” means the Water Resources Department.

(5) “Director” means the Director of the Water Resources Department.

History

Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
WRD 9-1992, f. & cert. ef. 7-1-92

Or. Admin. R. 690-079-0030 Request for Reservation

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.

History

Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-079-0040 Priority Date

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.

History

Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-079-0050 Term of Reservation and Extensions

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 690, division 11.

History

Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-079-0060 Information Requirements

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.

History

Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-079-0070 Notice of Reservation Request

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.

History

Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-079-0080 Copies of Reservation Request

Upon request from any governmental entity or other party, the Department shall provide a complete copy of the request for reservation.

History

Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
WRD 9-1992, f. & cert. ef. 7-1-92

Or. Admin. R. 690-079-0090 Comment Period and Land Use Compatibility

(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).

History

Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-079-0100 Review by Director

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 690, division 11.

History

Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
WRD 9-1992, f. & cert. ef. 7-1-92

Or. Admin. R. 690-079-0110 Appeal of Director’s Decision

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.

History

Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
WRD 9-1992, f. & cert. ef. 7-1-92

Or. Admin. R. 690-079-0120 Contested Case Proceeding

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.

History

Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
WRD 9-1992, f. & cert. ef. 7-1-92

Or. Admin. R. 690-079-0130 Public Interest Review

The Director shall apply any applicable public interest standards set out in OAR 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.

History

Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-079-0140 Conditions on a Reservation

When approving a reservation, the Commission shall include any conditions deemed necessary to protect and promote the public interest.

History

Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-079-0150 Applications for Use of Reserved Water

Applications for the use of reserved water shall comply with and be processed under provisions of OAR 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.

History

Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.358
WRD 9-1992, f. & cert. ef. 7-1-92, Renumbered from 690-077-0200
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 20-1988, f. & cert. ef. 11-4-88

Or. Admin. R. 690-079-0160 Extension of Reservations

(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.

History

Statutory/Other Authority: ORS 536 & 537
Statutes/Other Implemented: ORS 536.220, 536.310, 537.249, 537.356 & 537.358
WRD 3-2016, f. & cert. ef. 4-19-16
WRD 7-2015(Temp), f. & cert. ef. 12-2-15 thru 5-29-16

Or. Admin. R. 690-079-0170 Information Requirements to Request Extension of Reservations in Rule

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.

History

Statutory/Other Authority: ORS 536 & 537
Statutes/Other Implemented: ORS 536.220, 536.310, 537.249, 537.356 & 537.358
WRD 3-2016, f. & cert. ef. 4-19-16

Division 80 PROGRAMS FOR AND WITHDRAWALS FROM CONTROL AND USE OF STATE’S WATER RESOURCES

Or. Admin. R. 690-080-0010 Resume of Withdrawals by the Water Resources Commission of Unappropriated Water From Future Appropriation

(1) Under the provisions of ORS 536.410, the Water Resources Commission may withdraw unappropriated waters from further appropriation. While an order of withdrawal is in effect, no applications for permits to appropriate the waters withdrawn may be received for filing by the Water Resources Director.

(2) The waters of the streams and lakes listed below have been withdrawn by order of the Water Resources Commission:

(a) Church Lake: WRB 31, f. 5-7-65; WRD 5, f. 6-15-77; Rescinded by WRD 14-1988, f. 8-11-88;

(b) Deschutes River Basin — Trout Creek: WRD 8-1980, f. 11-24-80;

(d) Fort Rock Basin: WRD 3-1987, f. 3-13-87; Repealed by WRD 2-1990, f. 2-23-90;

(e) Goose & Summer Lakes Basin — Dutchy Lake:WRB 31, f. 5-7-65; WRD 5, f. 6-15-77; Rescinded by WRD 14-1988, f. 8-11-88;

(f) Hood River Basin:

(A) Priest Rapids Aquifer: WRD 4-1988, f. 5-17-88;

(B) Pomona Aquifer: WRD 4-1988, f. 5-17-88.

(g) No Name Lake & Tributaries: WRB 31, f. 5-7-65; WRD 5, f. 6-15-77; Rescinded by WRD 14-1988, f. 8-11-88;

(h) Roberts Creek: WRD 8-1985, f. 8-2-85;

(i) Thomas Creek & Tributaries: WRB 31, f. 5-7-65; WRD 5, f. 6-15-77; Rescinded by WRD 14-1988, f. 8-11-88;

(j) Umpqua River Basin:

(A) South Umpqua River: WRD 4-1985, f. 5-15-85;

(B) Lookingglass Creek: WRD 9-1985, f. 8-2-85;

(k) Walla Walla River: WRD 1-1986, f. 2-20-86;

(l) Willamette River System: WRB 32, f. 7-27-65.

History

Statutory/Other Authority: ORS 536
WRD 2-1990, f. & cert. ef. 2-23-90
WRD 3-1987, f. & cert. ef. 3-13-87
WRD 14-1988, f. & cert. ef. 8-11-88
WRD 14-1988, f. & cert. ef. 8-11-88
WRD 4-1988, f. 5-17-88, cert. ef. 5-13-88
WRD 1-1986, f. cert. ef. 2-20-86
WRD 14-1985, f. & cert. ef. 12-20-85
WRD 9-1985, f. & cert. ef. 8-2-85
WRD 8-1985, f. & cert. ef. 8-2-85
WRD 4-1985, f. & cert. ef. 5-15-85
WRD 8-1980, f. & cert. ef. 11-24-80
WRD 5-1977, f. & cert. ef. 6-15-77
WRB 32-1965, f. & cert. ef. 7-27-65
WRB 31-1965, f. & cert. ef. 5-7-65

Division 82 ACCEPTANCE OF APPLICATIONS FOR WATER USES IN ADDITION TO CLASSIFIED USES

Or. Admin. R. 690-082-0010 Purpose

These rules authorize the Director of the Water Resources Department to accept applications to appropriate water for a use in addition to the uses for which particular waters are classified in the applicable basin program. These rules apply in all basins for which the Water Resources Commission has adopted a basin program.

History

Statutory/Other Authority: ORS 183 & 536
WRD 2-1988, f. & cert. ef. 1-19-88

Or. Admin. R. 690-082-0020 Definitions

The following definitions apply to OAR 690-082-0010 through 690-082-0080:

(1) “Affected Local Government”: Any local government as defined in OAR 690-005-0015, within who jurisdiction water is or would be diverted, conveyed, or used under a proposed or approved permit or certificate.

(2) “Basin Program”: An administrative rule described in OAR 690-080-0000, adopted by the Water Resources Commission under ORS Chapter 536.

(3) “Classified Uses”: Beneficial uses of water designated in the basin programs for which water use applications may be accepted.

(4) “Commission”: The Water Resources Commission.

(5) “Department”: The Water Resources Department.

(6) “Director”: The Director of the Water Resources Department.

History

Statutory/Other Authority: ORS 183, 197 & 536
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 2-1988, f. & cert. ef. 1-19-88

Or. Admin. R. 690-082-0030 Application Filing

(1) An application for a permit to appropriate water under these rules must be accompanied by a letter to the Director showing:

(a) The use will be of short duration during each year or for a continuous use period of no longer than five years; or

(b) The use is of an unusual nature not likely to recur in the basin, and unlikely to have been within the uses considered by the Commission in adopting present basin classifications.

(2) The application must also include land use information as provided in the Department’s Land Use Planning Procedures Guide or a receipt signed and dated by a local government official as evidence that the request for land use information was received by the local planning department. If land use information is not postmarked, or received by the Department, within 60 days of request, as evidenced by a receipt, the Department shall conclude that the requirement for obtaining land use information has been met and may proceed with processing the permit.

History

Statutory/Other Authority: ORS 183, 197 & 536
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 2-1988, f. & cert. ef. 1-19-88

Or. Admin. R. 690-082-0040 Special Application Process

When the Department receives a complete application form and letter under OAR 690-082-0030, notice that the Director proposes to accept the application under these rules shall be provided to the Commission, appropriate state and federal agencies, affected local government planning department, appropriate Indian Tribes, others believed to have any interest in the proposed use and anyone requesting notice. The notice shall set the time and manner for filing objections to the proposed use. Objections shall be filed within 60 days of the date of agency mailing of the notice unless otherwise specified. The Director may presume that the application is allowed by and compatible with the plans and regulations of notified agencies and tribes unless informed otherwise within the comment period specified in the notice except as provided to local governments under 690-082-0030(2). In the event of a land use dispute as defined in 690-005-0015 (Definitions), the Director shall follow procedures outlined in 690-005-0040 (Resolution of Land Use Disputes).

History

Statutory/Other Authority: ORS 183, 197, 536.025 & 536.027
WRD 5-1991, f. & cert. ef. 4-26-91
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 2-1988, f. & cert. ef. 1-19-88

Or. Admin. R. 690-082-0050 Acceptance of Application

The Director shall accept the application if after full consideration of all the comments and objections received within the prescribed period the Director concludes that:

(1) Any valid objections to the proposed use could be fully satisfied by appropriate conditions on any permit or certificate issued.

(2) The proposed use is unlikely to create adverse impacts on other water uses.

(3) The proposed use is unlikely to adversely impact future appropriations for classified uses.

(4) The proposed use has been evaluated in accordance with requirements established OAR 690-005-0045 (Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans).

(5) The source of water has not been withdrawn from further appropriation.

History

Statutory/Other Authority: ORS 183, 197 & 536
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 2-1988, f. & cert. ef. 1-19-88

Or. Admin. R. 690-082-0060 Priority Date

The date of priority for all applications received under OAR 690-082-0040 shall be the date the application is accepted by the Director after review and approval of the proposed water use under 690-082-0050.

History

Statutory/Other Authority: ORS 183 & 536
WRD 2-1988, f. & cert. ef. 1-19-88

Or. Admin. R. 690-082-0070 Normal Application Process

Any application accepted for filing under these rules shall be processed in the same manner as all other applications to appropriate water, as provided in OAR 690, divisions 1 and 11.

History

Statutory/Other Authority: ORS 183 & 536
WRD 2-1988, f. & cert. ef. 1-19-88

Or. Admin. R. 690-082-0080 Right to Petition

No action taken under these rules shall affect an applicant’s right to petition the Commission under the provisions of OAR 137-001-0070 for a change in a basin program to allow specific water uses.

History

Statutory/Other Authority: ORS 183 & 536
WRD 2-1988, f. & cert. ef. 1-19-88

Division 85 ANNUAL REPORTS AND SERIOUS WATER MANAGEMENT PROBLEM AREAS

Or. Admin. R. 690-085-0005 Purpose

These rules establish procedures and requirements for the annual reporting of water use by governmental entities pursuant to ORS 537.099. These rules also establish procedures for designation of serious water management problem areas pursuant to ORS 540.435.

History

Statutory/Other Authority: ORS 537 & 540
WRD 13-1988, f. & cert. ef. 8-10-88

Or. Admin. R. 690-085-0008 Definitions

As used in OAR 690-085-0010 and 690-085-0015:

(1) “Change in channel conditions” includes but is not limited to scour, siltation, accumulation of debris, accumulation of aquatic growth, and the removal of aquatic growth.

(2) “Commission” means the Water Resources Commission.

(3) “Control” means a natural constriction of the channel, a long reach of the channel, a stretch of rapids, or an artificial structure downstream from the gage that determines the stage-discharge relation at the gage.

(4) “Continuous stage recorder” means any device that accurately and continuously records the rise and fall of a water surface with respect to time.

(5) “Department” means the Oregon Water Resources Department.

(6) “Director” means the Director of the Water Resources Department.

(7) “Economic hardship” means a financial burden of an extraordinary nature. Examples of situations causing such a burden include, but are not limited to, the following: the entity is required to report on an unusually large number of diversions or locations, the costs of measuring and reporting for a diversion or location greatly exceed the normal costs associated with a similar volume of water, or the costs of measuring and reporting threaten the entity’s fiscal ability to continue operating.

(8) “Flume” means a specially shaped open channel flow section which may be installed in a canal, lateral, or ditch to form a control.

(9) “Governmental entity” includes any state or federal agency, local government as defined in ORS 294.004, irrigation district formed under ORS Chapter 545, water control district formed under ORS Chapter 553, and any other special purpose district organized under state law.

(10) “Open channel flow measurement” means a series of velocity, depth, and width measurements taken across an open channel using a velocity meter and a calibrated tape measure as described in references listed in OAR 690-085-0015(4)(f).

(11) “Point of diversion” means the point at which water is appropriated from its source.

(12) “Shift” means a correction that is derived from a flow measurement and applied to the gage height to obtain a true flow or discharge throughout a specific time sequence.

(13) “Staff gage” means a device constructed for the measurement of water depth. It shall allow accurate reading to 1/100th of a foot.

(14) “Velocity meter” means a device designed and constructed to the specifications cited in the reference listed in OAR 690-085-0015(4)(f)(C) for measuring stream velocity in open channels.

(15) “Water use” means water diverted or pumped from the source, or in the case of non-diverted water, the water available to satisfy the right.

(16) “Weir” means an overflow structure built across an open channel to form a control.

History

Statutory/Other Authority: ORS 537 & 540
WRD 7-1991, f. & cert. ef. 8-7-91

Or. Admin. R. 690-085-0010 Governmental Entities to Submit Annual Water-use Reports

(1) By December 31 of each year, any governmental entity holding water rights shall submit to the Department a report detailing monthly water use under the rights for each point of diversion. Reporting shall be for the previous water year (October 1 to September 30). A governmental entity shall not be required to submit a report under this rule for water rights held because of default in repayment of loans or other debts owed to the state.

(2) The report shall be submitted on forms supplied by, or in a format acceptable to the Department. It shall include:

(a) The name and address of the reporting entity;

(b) The monthly volume of water diverted or pumped from natural flow and/or stored water for each major category of use at each point of diversion listed on the water rights, except as noted in subsections (2)(c), (d), and (e) of this rule. The volume of water diverted or pumped shall be determined as prescribed in OAR 690-085-0015;

(d) For instream water rights, the monthly volume of water flowing through the channel for at least one point covered by the water right;

(e) For instream uses supplied from storage, the volume of stored water released every month.

(3) Except as provided in section (4) of this rule, the reported monthly volumes of water shall be accurate within plus or minus 15 percent by October 1992.

(4) The governmental entity may assume the volume of water used each month, if any, is the maximum quantity allowed under the right and report that volume if:

(a) The water right is for storage of less than 9.2 acre-feet of water for in-reservoir use or specifies a rate less than 0.1 cfs; or

(b) The Director has approved a time extension for compliance with section (3) of this rule or the Commission has waived compliance with any of the requirements of OAR 690-085-0015.

(5) The Director may grant a time extension for compliance with section (3) of this rule:

(a) To qualify for an extension, the governmental entity shall:

(A) Show that compliance with section (3) of this rule would cause an economic hardship;

(B) Show that an allowance of additional time would enable it to meet the accuracy standards prescribed in section (3) of this rule; and

(C) Submit a compliance schedule detailing the steps, including the implementation time of those steps, it will take to meet section (3) of this rule.

(b) Once the time extension is approved, the governmental entity shall submit a progress report on the compliance schedule in conjunction with each annual water use report;

(d) The Director may modify the terms of any compliance schedule under this rule at the request of the governmental entity.

(6) The Commission may waive compliance with section (3) of this rule and/or any of the requirements of OAR 690-085-0015. The qualify for a waiver, the governmental entity shall show that:

(a) Complying with the rule(s) would cause an economic hardship on the governmental entity; and

(b) The information to be collected would not materially aid water management because:

(A) The regulation for or of the use is unlikely due to the absence of other water rights; or

(B) Use of water is unlikely to materially affect water availability from the source since the quantity of water allowed by the right in relation to the quantity of water available from the source is deminimis; or

History

Statutory/Other Authority: ORS 537 & 540
WRD 7-1991, f. & cert. ef. 8-7-91
WRD 13-1988, f. & cert. ef. 8-10-88

Or. Admin. R. 690-085-0015 Methods for Measuring and Computing Water Use

(1) Beginning October 1992, methods shall be approved in advance by the Department except those prescribed in sections (4) and (5) of this rule which are approved by the Department. The methods prescribed in sections (4) and (5) of this rule are designed to meet OAR 690-085-0010(3). Alternate methods will be accepted by the Department if the conditions specified in section (6) of this rule are met. Any method is subject to review by the Department.

(2) In Critical Groundwater and Serious Water Management Areas measuring requirements may be different. In such cases the more stringent measuring requirements will take precedence.

(3) Where practical, water use shall be measured at each point of diversion. However, measurements may be taken at a reasonable distance from the point of diversion if the following conditions are met:

(a) The measured flow shall be corrected to reflect the flow at the point of diversion. The correction will be based on periodic flow measurements at the point of diversion taken in conjunction with flow measurements at the usual measuring point;

(b) If the measured flow includes flow contributions from more than one point of diversion, the measured flow shall be proportioned to reflect the flow at each point of diversion using the method prescribed in subsection (a) of this section;

(c) A description of the correction method shall be submitted with the annual report the first time it is used and any time it is changed, or once every five years, whichever is shorter.

(4) Approved methods for measurements made in open channels are as follows:

(a) The following requirements apply for all approved methods of measurement in open channels:

(A) Copies of all measurement notes, rating curves, and calculations shall be retained for three years and made available to the Department upon request. For each method of measurement, installation, and measurement procedures shall be as described in the references listed in subsection (4)(f) of this rule;

(B) Channels shall be equipped with a staff gage and/or a continuous stage recorder which shall be installed in a location that provides an accurate reading of the control crest depth at all elevations and as described in the references listed in subsection (4)(f) of this rule. If only a staff gage is installed, an observer shall read the staff gage and record the reading at uniform intervals, and as close as practical before and after the time regulation of the diversion flow rate occurs. At no time shall the periodic interval be greater than three days. A continuous stage recorder may be used in lieu of periodic staff gage readings;

(C) The method of measurement shall conform with the U.S. Geological Survey method for velocity-area measurements as described in the references listed in subsection (4)(f) of this rule;

(D) Where practical, the rate of flow may be determined by measuring the amount of time needed to fill a container of known capacity;

(E) For very low flows that cannot be measured by any of the above methods, the rate of flow may be determined by setting a portable weir or flume in the channel. The weir or flume shall be installed as described in the references listed in subsection (4)(f) of this rule;

(F) Once a rating curve has been established, computation of reported monthly volume shall be as described by references listed in subsection (4)(f) of this rule with additional information available from the Department.

(b) The Velocity-area Method:

(A) A rating curve for the control shall be established and maintained as described in references listed in subsection (4)(f) of this rule. The distribution of open channel flow measurements shall be sufficient to establish a full range of values for the entire stage-discharge relation. Close attention shall be given to the upper end (high flows) and the lower end (low flows) of the curve;

(B) Open channel flow measurements shall be taken at least once every six weeks, and at any time there is a change in channel conditions which may alter flow conditions across the control;

(A) A weir shall be installed and maintained as described in the references listed in subsection (4)(f) of this rule. Upstream from the weir a staff gage and/or continuous stage recorder shall be installed in a location that measures static head above the weir crest at all elevations and in accordance with the references listed in subsection (4)(f) of this rule;

(B) When only a staff gage is installed, reading of the staff gage shall be consistent with paragraph (4)(a)(B) of this rule;

(C) A rating curve shall be established for the weir as prescribed for the Velocity-area Method in paragraph (4)(b)(A) of this rule;

(D) Open channel flow measurements shall be taken at least once every eight weeks, and at any time there is a change in channel conditions which may alter flow conditions across the weir.

(d) The Flume Method:

(A) A flume shall be installed and maintained as described in the references listed in subsection (4)(f) of this rule. A staff gage and/or continuous stage recorder shall be installed upstream from the flume in a location that measures static head and in accordance with the references listed in subsection (4)(f) of this rule;

(B) When only a staff gage is installed reading of the staff gage shall be consistent with paragraph (4)(a)(B) of this rule;

(C) A rating curve shall be established for the flume as prescribed for the Velocity-area Method in paragraph (4)(b)(A) of this rule;

(D) Open channel flow measurements shall be taken at least once every eight weeks, and at any time there is a change in channel conditions which may alter flow conditions through the flume.

(e) For a diversion monitored by the Department or a U.S. Geological Survey gaging station, it is sufficient to report:

(A) The gaging station number if the station is at the point of diversion; or

(B) The gaging station number and the appropriate correction, per section (3) of this rule, for adjustment back to the point of diversion, if the station is a reasonable distance from the point of diversion;

(C) The current operation of any station by the Department or U.S. Geological Survey does not guarantee the continued operation or usage of the station for water use reporting purposes.

(f) The following references provide guidance and requirements for the methods and installations prescribed in this rule:

(A) “Measurement and Computation of Streamflow,” Volumes 1 and 2, 1982, USGS WSP 2175;

(B) “Techniques of Water-Resources Investigations of the United States Geological Survey,” Book 3, Chapters A6–A8, A10, A13, and A14;

(5) Approved methods for measurements made in pipes are as follows:

(a) The Flow Meter Method:

(A) The flow meter shall be capable of recording cumulative volume;

(B) The flow meter shall be capable of measuring the full range of discharge from the source of water for which it is to be used;

(C) The flow meter shall be installed and maintained according to the manufacturer’s specifications and in such a manner that there shall be a full pipe of water at all times during which water is being pumped;

(D) There shall be no diversions of water between the source of water and the flow meter installation;

(E) The manner in which the flow meter has been installed is subject to inspection and approval by the Director;

(F) In the case of flowing artesian wells with pumps, the flow meter shall be installed in a manner which will allow measurement of both pumped and flowing discharge.

(b) The Power Consumption Method:

(A) This method shall not be used for flowing artesian wells;

(B) A power meter shall be dedicated to one pump only;

(C) The ratio of electric power consumption per quantity of water pumped shall be determined annually by physically measuring the volume of water pumped during a two-hour test. The test shall be conducted under normal operating conditions;

(D) A record of the method and equipment used to determine the ratio of power consumption to volume of water pumped, and the monthly power readings for each well shall be retained for three years. The record shall be made available to the Department upon request.

(A) This method shall not be used for flowing artesian wells;

(B) A meter that accumulates operating time of the pump shall be installed and dedicated to one pump only;

(C) The volume of water pumped per unit time shall be determined annually by physically measuring the flow during a two-hour test. This test shall be conducted under normal operating conditions;

(D) A record of the method and equipment used to determine the volume of water pumped per unit time and the monthly accumulated operating times shall be retained for three years. The record shall be made available to the Department upon request.

(6) Alternate methods for reporting water use:

(a) An alternate method may be used if a registered professional engineer certifies to the Department that the method will report water use within an accuracy of plus or minus 15 percent. The governmental entity shall submit a description of the method and the certification by the registered professional engineer to the Department;

(b) The Department may review any alternate method at any time and may require modification to the method if the Department determines that the method does not accurately report water use as required in OAR 690-085-0010(3).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 537 & 540
WRD 7-1991, f. & cert. ef. 8-7-91

Or. Admin. R. 690-085-0020 Serious Water Management Problem Areas

(1) The Commission may adopt a rule to designate an area as having serious water management problems and may order any affected water right holders to submit annual water use reports if it finds that:

(a) Ground water decline in the area is of such magnitude that the aquifer does not recover annually;

(b) There are frequent water management disputes between water users in the area that cannot be privately resolved;

(d) The exercise of ground water rights interferes with flow of water in a nearby stream, to the detriment of senior surface water rights;

(e) The diversion of water from streams is in such quantities that interference with nearby wells occurs; or

(f) There are frequent occurrences of surface or ground water shortages caused by use of water from streams or wells. Shortages may be evidenced by complaints from water right holders, requests to regulate water use, degraded water quality, or failure to meet administrative restrictions or minimum streamflows.

(2) The Commission may direct that a hearing be held to determine if an area has serious water management problems upon receipt of a complete petition with sufficient evidence of a serious management problem from a water right holder in the area, or from the director of a state or federal agency. The Commission may also hold a hearing to determine if an area has serious water management problems on its own motion.

(3) A petition for hearing shall include recommended boundaries of the area proposed for designation, a description of the water management problems in the area, a summary of data on water availability and use for the area, and a proposed water management and annual water use reporting program. This proposed program should include a description of any measuring devices to be required, information which would be submitted on any annual water use reports and proposed procedures for regulation of water use. The Commission shall review the data and recommendations in the petition and determine if a hearing shall be held.

(4) The hearing shall be held in the area proposed for designation as having serious water management problems. Notice of the hearing shall be published in a local newspaper at least two weeks before the hearing. Additionally, the Department shall mail notice of the hearings to water rights holders in the area when feasible.

(5) Alternative proposals for measuring devices, methods of obtaining data, or formats for reporting data may be presented to the Department within 30 days after the hearing date.

(6) If the Commission determines there is a serious water management problem, it shall adopt a rule which specifies the nature of the problem, the boundaries of the area involved, who is required to install measuring devices, specifications for the types of measuring devices and annual reports, and timelines for implementation.

(7) The Commission may consider amendment of a rule designating a serious water management problem area upon receipt of a petition to initiate rulemaking or on the Commission’s own motion.

History

Statutory/Other Authority: ORS 537 & 540
WRD 13-1988, f. & cert. ef. 8-10-88

Or. Admin. R. 690-085-0030 Failure to Report

(1) The Director may order regulation or termination of deliveries of water to and use of water by any water right holder who fails to satisfactorily install or maintain a measuring device or to submit a report required by OAR 690-085-0020. Notice of intended regulation shall be served on the person by certified mail, return receipt requested. Regulation shall become effective not earlier than 30 days after the date of mailing of the notice. Regulation shall not become effective if the person satisfactorily complies within 30 days from the date of mailing of the notice or if the person is granted an extension of time under section (2) of this rule.

(2) A water right holder required under OAR 690-085-0010 or 690-085-0020 to submit an annual water use report may request in writing a 60-day extension of time to submit the report. The Director may grant the extension upon finding that the additional time is needed by the person or government entity to compile and submit accurate and complete information.

History

Statutory/Other Authority: ORS 537 & 540
WRD 13-1988, f. & cert. ef. 8-10-88

Division 86 WATER MANAGEMENT AND CONSERVATION PLANS

Or. Admin. R. 690-086-0010 Purpose

(1) The Water Resources Commission has adopted a statewide policy on Conservation and Efficient Water Use (OAR 690-410-0060). The policy requires major water users and suppliers to prepare water management and conservation plans. These rules provide a process to ensure the efficient use of the state's water resources and to facilitate water supply planning consistent with water supplier and Department capabilities. The Department shall update the Commission on the implementation and effectiveness of these rules every five years.

(2) Many regions of Oregon face periodic and increasingly frequent water shortages during summer periods. It is increasingly important to the state's economy to maintain adequate stream flows to support aquatic life, provide recreational opportunities and maintain water quality. The continued implementation of conservation measures can help restore streamflows, stabilize water supplies and provide for future needs for economic development and growth.

(3) Pursuant to ORS 540.610(3) the use of water at a rate or duty which is less than the maximum amount allowed under a water right that is achieved through improved water management practices is not forfeiture under certain circumstances. However, conserved water may only be used on additional acres or for other purposes not included in the original right after allocation of conserved water under ORS 537.455 to 537.500 or under other specific statutory authorizations.

(4) Effective water management requires an evaluation of the adequacy of water supplies to meet current and future needs, identification of planned modifications in water systems, and development of new water supplies. However, the approval of a water management and conservation plan shall not substitute for compliance with Statewide Planning Goals or any other comprehensive land use planning requirement or constitute approval of applications for water rights, water reservations, water storage facilities, transfers, permit amendments, or extensions of time for permits.

(5) Water management and conservation plans provide information important in water resources planning and management. In addition, the plans may provide support for applications for water use permits and water right transfers, permit amendments, and requests for extensions of permits, approvals of exchanges, and reservations of water. Due regard shall be given to any relevant approved water management and conservation plan during Department consideration of these applications and requests.

(6) Regional cooperation will improve water management and help to facilitate implementation of conservation measures. Water suppliers required under OAR 690-086-0010 to 690-086-0920 to prepare water management and conservation plans, and any other suppliers or users, may jointly submit a single plan that addresses the suppliers' conservation opportunities and water development needs.

(7) A water management and conservation plan that has been approved under these rules may, at the option of the water supplier, be submitted to satisfy a provision requiring preparation of a conservation or curtailment plan pursuant to OAR Chapter 690, Division 19, and ORS 536.780. The Department shall make the determination of whether the plan meets the applicable standards at the time of submittal in accordance with those provisions.

(8) Many water use permits that have been issued to water suppliers include conditions requiring preparation of water conservation, long-term water supply, and other water management plans. These rules provide standards for the preparation of such plans. Unless other more specific or stringent requirements are included in a permit, water management and conservation plans that have been approved under OAR 690-086-0915 shall be deemed to meet the permit condition.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0020 General Definitions

As used in OAR 690-086-0010 to 690-086-0920:

(1) "Affected Local Governments" means any local government as defined in OAR 690-005-0015, within whose jurisdiction the diversion, conveyance, or use of water is established or proposed within the context of the water management and conservation plan.

(2) "Commission" means the Water Resources Commission.

(3) "Conservation" has the meaning given to that term in OAR 690-400-0010(5).

(4) "Department" means the Water Resources Department.

(5) "Director" means the Director of the Water Resources Department or designee.

(6) "Waste" has the meaning given to that term in OAR 690-400-0010(16).

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0030 Definitions for Municipal Water Suppliers

(1) "Alternate Municipal WMCP" means a water management and conservation plan submitted by a Small Municipal Water Supplier in accordance with OAR 690-086-0300 to OAR 690-086-0370 in lieu of submitting a plan pursuant to OAR 690-086-120 to OAR 690-086-0170.

(2) "Authorized Consumption" means all water uses known and approved by a Municipal Water Supplier. These uses include all metered uses and any other approved uses such as fire-fighting, fire training, system operation needs, reuse, or miscellaneous uses.

(3) "Benchmark" means the specific incremental activities that a Municipal Water Supplier plans to have completed in implementing conservation measures.

(4) "Extended Permit" means a municipal or quasi-municipal water use permit conditioned by an extension order under OAR chapter 690, division 315 or 320 to provide that diversion of water beyond the maximum rate diverted under the permit or previous extension(s) shall only be authorized upon issuance of a final order approving a water management and conservation plan.

(5) "Metering" means using water meters or other continuous recording devices to measure and to maintain a record of all water diverted and delivered.

(6) "Municipal Water Supplier" means a publicly or privately owned water distribution system that provides potable water for community needs, either to individual customers or another distribution system, or that provides water primarily for commercial or industrial uses.

(7) "Municipal WMCP" means a water management and conservation plan submitted by a Municipal Water Supplier pursuant to OAR 690-086-0120 to OAR 690-086-0170.

(8) "Small Municipal Water Supplier" means a Municipal Water Supplier that:

(a) Serves a population of less than 1000 people or has less than 300 Water Service Connections; and

(b) Within the previous 5 years, the water distribution system’s maximum daily demand or maximum instantaneous rate, including but not limited to, the amount of water appropriated under its water rights, contracts, and/or interties, has not exceeded 2 million gallons per day (mgd) or 3.1 cubic feet per second (cfs).

(9) "Water Losses" means a comparison of all water that enters into the Municipal Water Supplier’s or Small Municipal Water Supplier’s system and the Municipal Water Supplier’s total Authorized Consumption.

(10) "Water Audit" means an analysis of a municipal water supply system that includes a thorough accounting of all water that enters and exits the system.

(11) "Water Curtailment Element" means a program to accomplish a specific reduction in the amount of water used or lost within a specific time in response to an emergency or other short-term shortage.

(12) "Water Service Connections" means water supply connections to the water delivery system, including the water supplier's own connections, but does not include connections for uses such as fire hydrants, fire sprinkler systems with flow alarms or detector-checks, water line blow-offs and drains, stand-by emergency interties, valve controlled drinking fountains or other similar intermittently used equipment or facilities.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02, Renumbered from 690-086-0110
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0040 Definitions for Agricultural Water Suppliers

As used in OAR 690-086-0210 to 690-086-0270 and OAR 690-086-0900 to 690-086-0920:

(1) "Agricultural Water Supplier" means any public or private organization, including but not limited to an irrigation district formed under ORS Chapter 545, a drainage district formed under ORS Chapter 547, a water improvement district formed under ORS Chapter 552, a water control district formed under ORS Chapter 553, a corporation organized under ORS Chapter 554, an unincorporated private association or a ditch company, the primary purpose of which is to supply water to others for agricultural uses.

(2) "Agricultural Water Measurement" means using measuring devices, including but not limited to weirs, flumes, submerged orifices, gaging stations, and meters, to quantify the rate of flow and the volume of water in a water delivery system.

(3) "Water Allocation/Curtailment Element" means a program to equitably allocate, under existing priorities, a reduced water supply among the water right holders dependent on the supply in response to an emergency or other short-term shortage.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02, Renumbered from 690-086-0210
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0100 Municipal Water Management and Conservation Plans: Applicability

(1) Municipal Water Suppliers are encouraged to prepare water management and conservation plans, but are not required to do so unless a plan is prescribed by a condition of a water use permit; a permit extension; or another order or rule of the Commission.

(2) Water management and conservation plans submitted in order to comply with a permit extension order issued after November 1, 2002, are subject to the requirements pursuant to OAR 690-086-120 to 690-086-0170.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02

Or. Admin. R. 690-086-0120 Municipal Water Management and Conservation Plans: General Provisions

(1) Each Municipal Water Supplier required to submit a water management and conservation plan shall exercise diligence in implementing the approved plan and shall update and resubmit a plan consistent with the requirements of OAR 690-086-0120 to 690-086-0170 as prescribed during plan approval.

(2) Benchmarks and implementation schedules for conservation measures or other actions and other water supply development activities may be modified through the subsequent approval of an updated plan.

(3) Progress reports submitted by Municipal Water Suppliers will be used in determining whether five-year Benchmarks are being met, whether the Department will authorize additional diversion of water under Extended Permits, or if schedule changes proposed in updated plans are reasonable and appropriate.

(4) Progress reports submitted by Municipal Water Suppliers shall include:

(a) A list of the Benchmarks established pursuant to OAR 690-086-0150 and a description of the progress of the Municipal Water Supplier in implementing the associated conservation measures or other actions;

(b) Average monthly and daily diversions under each right held by the water supplier for the previous five years;

(d) A comparison of quantities of water used in each sector as identified and described in OAR 690-086-0140(6) with the quantities of water used in each sector for the previous five years.

(5) Upon receipt of a progress report the Department shall provide public notice in the weekly Public Notice published by the Department and provide an opportunity for written public comment for 30 days following publication of the notice. The Department shall provide copies of any comments received to the Municipal Water Supplier.

(6) A water master plan that meets the requirements of OAR Chapter 333, Division 61 or the water supply element of a public facilities plan that meets the requirements of OAR Chapter 660, Division 11 that the Department has determined substantially meets the requirements of OAR 690-086-0120 to 690-086-0170 may be submitted to meet the requirements of these rules.

(7) In the development of a water management and conservation plan, each Municipal Water Supplier is encouraged to consult with the planning departments or appropriate officials of Affected Local Governments to obtain information related to demand projections in comprehensive land use plans early in the development of the plan.

(8) At least 30 days prior to submitting a draft plan to the Department, a Municipal Water Supplier shall make the draft plan available for review by each Affected Local Government along with a request for comments relating to consistency with the local government's comprehensive land use plan.

(9) Each Municipal Water Supplier preparing a water management and conservation plan is encouraged to develop and implement a program to involve the supplier's customers in the preparation of the plan. Recommendations include making the plan available for public inspection and conducting public meetings to provide information and gather input on the plan.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0125 Municipal WMCP Elements

A Municipal WMCP submitted by a Municipal Water Supplier shall include:

(1) A Municipal Water Supplier description as described under OAR 690-086-0140;

(2) A municipal water conservation element as described under OAR 690-086-0150;

(3) A municipal Water Curtailment Element as described under OAR 690-086-0160;

(4) A municipal water supply element as described under OAR 690-086-0170;

(5) A list of the Affected Local Governments to whom the draft plan was made available pursuant to OAR 690-086-0120(8) and a copy of any comments on the plan provided by the local governments;

(6) A proposed date for submittal of an updated plan within no more than 10 years after submittal of the plan based on the proposed schedule for implementation of conservation measures or other actions, any relevant schedules for other community planning activities, and the rate of growth and other changes expected by the water supplier; or an explanation of why submittal of an updated plan is unnecessary and should not be required by the Department; and

(7) If the Municipal Water Supplier is requesting additional time to implement Metering as required under OAR 690-086-0150(4)(b) or a Benchmark established in a previously approved plan, documentation showing additional time is necessary to avoid unreasonable and excessive costs.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02

Or. Admin. R. 690-086-0130 Criteria for Approval of a Municipal WMCP

In order to approve a Municipal WMCP under OAR 690-086-0915, the Department must find that:

(1) The plan includes each of the required elements under OAR 690-086-0125;

(2) The projections of future water need in the water management and conservation plan are reasonable and consistent with available land use plans and the Municipal Water Supplier has demonstrated a need for the quantity of water to be diverted during the next 20 years under each permit held by the water supplier;

(3) For each of the water conservation measures required under OAR 690-086-0150(4) and, as applicable, OAR 690-086-0150(5), the plan includes a reasonable and appropriate schedule with five year Benchmarks for implementation of conservation activities;

(4) If applicable, for each of the water conservation measures required under OAR 690-086-0150(5), the plan includes:

(a) A reasonable and appropriate schedule with five year Benchmarks for implementation of conservation activities; or

(b) Documentation to demonstrate that implementation of the measure is neither feasible nor appropriate to ensure efficient use of water and the prevention of waste and the supplier has used a suitable methodology in evaluating the measure;

(5) The identification of resource issues under OAR 690-086-0140(5)(i) is accurate and complete;

(6) The Water Curtailment Element required under OAR 690-086-0160 satisfactorily promotes water curtailment practices and the coordination of usage regulation, taking into account state water law and local conditions, or is substantially the same as a curtailment plan prepared pursuant to ORS 536.780 and OAR 690-019-0090 and approved by the Department within the previous five years;

(7) If during the next 20 years the maximum rate of water diverted under an Extended Permit will be greater than the maximum rate authorized for diversion under the extension or previously approved water management and conservation plan:

(a) The plan includes a schedule for development of any conservation measures that would provide water at a cost that is equal to or lower than the cost of other identified sources, unless the supplier has provided sufficient justification for the factors used in selecting other sources for development;

(b) Increased use from the source is the most feasible and appropriate water supply alternative available to the supplier; and

(c) If mitigation is legally required to address limitations or restrictions on the development of permits for which resource issues are identified under OAR 690-086-0140(5)(i), the plan contains documentation that the supplier is complying with the mitigation requirements. The Department may consult with federal and state agencies in making this determination.

(8) For review of water management and conservation plans that propose to increase the maximum rate of water diverted under an Extended Permit, after January 1, 2042, that the additional diversion of water will not impair or be detrimental to the public interest.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02

Or. Admin. R. 690-086-0140 Municipal Water Supplier Description for a Municipal WMCP

The water supplier description element of a Municipal WMCP shall include at least the following information:

(1) A description of the supplier's source(s) of water including diversion, storage and regulation facilities, exchange agreements, intergovernmental cooperation agreements, and water supply or delivery contracts;

(2) A delineation of the current service areas and an estimate of the population served and a description of the methodology(ies) used to make the estimate;

(3) An assessment of the adequacy and reliability of the existing water supply considering potential limitations on continued or expanded use under existing water rights resulting from existing and potential future restrictions on the community's water supply;

(4) A quantification of the water delivered by the water supplier that identifies current and available historic average annual water use, peak season of use, average day use, and peak day use;

(5) A tabular list of water rights held by the Municipal Water Supplier that includes the following information:

(a) Application, permit, transfer, and certificate numbers (as applicable);

(b) Priority date(s) for each right;

(d) Type(s) of beneficial uses specified in each right;

(e) Maximum instantaneous and annual quantity of water allowed under each right;

(f) Maximum instantaneous and annual quantity of water diverted under each right to date;

(g) Average monthly and daily diversions under each right that is conveyed through the supplier’s distribution system for the previous year, and if available for the previous five years;

(h) Currently authorized date for completion of development under each right; and

(i) Identification of any streamflow-dependent species listed by a state or federal agency as sensitive, threatened or endangered that are present in the source, any listing of the source as water quality limited and the water quality parameters for which the source was listed, and any designation of the source as being in a critical ground water area.

(6) A description of customers served including other water suppliers and the estimated numbers for each sector; general water use characteristics of residences, commercial and industrial facilities, and any other uses; and a comparison of the quantities of water used in each sector with the quantities reported in the water supplier's previously submitted water management and conservation plan and progress reports;

(7) Identification and description of interconnections with other water supply systems;

(8) A schematic of the system that shows the sources of water, storage facilities, treatment facilities, major transmission and distribution lines, pump stations, interconnections with other water supply systems, and the existing and planned future service area; and

(9) A quantification and description of the system’s Water Losses that includes any available information regarding the sources of significant losses and, to the extent possible, identification of those losses as either real or apparent losses.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0150 Municipal Water Conservation Element for a Municipal WMCP

The water conservation element of a Municipal WMCP shall include at least the following:

(1) A progress report on the conservation measures scheduled for implementation in a water management and conservation plan previously approved by the Department, if any;

(2) A description of the water supplier's water use measurement and reporting program and a statement that the program complies with the measurement standards in OAR Chapter 690, Division 85, that a time extension or waiver has been granted, or that the standards are not applicable;

(3) A description of other conservation measures, if any, currently implemented by the water supplier, including any measures required under water supply contracts;

(4) A description of the specific activities, along with a schedule that establishes five-year Benchmarks, for implementation of each of the following conservation measures that are required of all Municipal Water Suppliers:

(a) An annual Water Audit that includes a systematic and documented methodology for estimating any un-metered authorized and unauthorized uses, and an analysis of the water supplier’s own water use to identify alternatives to increase efficiency;

(b) If the system is not fully metered, a program to install meters on all un-metered Water Service Connections. The program shall start immediately after the plan is approved and shall identify the number of meters to be installed each year with full Metering completed within five years of approval of the water management and conservation plan;

(d) A rate structure under which customers' bills are based, at least in part, on the quantity of water metered at the service connections;

(e) If the annual Water Audit indicates that the system’s Water Losses exceed 10 percent:

(A) Within two years of approval of the water management and conservation plan, the water supplier shall provide a description and analysis identifying potential factors for the loss and selected actions for remedy;

(B) If actions identified under subsection (A) do not result in the reduction of Water Losses to 10 percent or less, within five years of approval of the water management and conservation plan, the water supplier shall:

(i) Develop and implement a regularly scheduled and systematic program to detect and repair leaks in the transmission and distribution system using methods and technology appropriate to the size and capabilities of the Municipal Water Supplier or a line replacement program detailing the size and length of pipe to be replaced each year; or,

(ii) Develop and implement a water loss control program consistent with American Water Works Association’s standards.

(f) A public education program commensurate to the size of the Municipal Water Supplier to encourage efficient indoor and outdoor water use that includes regular communication of the supplier's water conservation activities and schedule to customers;

(5) If the Municipal Water Supplier serves a population greater than 1,000 and proposes to expand or initiate diversion of water under an Extended Permit for which resource issues have been identified under OAR 690-086-0140(5)(i), or if the Municipal Water Supplier serves a population greater than 7,500, a description of the specific activities, along with a schedule that establishes five-year Benchmarks, for implementation of each of the following measures; or documentation showing that implementation of the measures is neither feasible nor appropriate for ensuring the efficient use of water and the prevention of waste:

(a) Technical and financial assistance programs commensurate to the size of the Municipal Water Supplier to encourage and aid residential, commercial and industrial customers in implementation of conservation measures;

(b) Supplier financed retrofitting or replacement of existing inefficient water using fixtures, including distribution of residential conservation kits and rebates for customer investments in water conservation;

(c) Adoption of rate structures, billing schedules, and other associated programs that support and encourage water conservation;

(d) Water reuse, recycling, and non-potable water opportunities; and

(e) Any other conservation measures identified by the water supplier that would improve water use efficiency.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
Renumbered from 690-086-0140,WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0160 Municipal Water Curtailment Element for a Municipal WMCP

The Water Curtailment Element of a Municipal WMCP shall include at least the following:

(1) A description of the type, frequency and magnitude of supply deficiencies within the past 10 years and current capacity limitation. The description shall include an assessment of the ability of the water supplier to maintain delivery during long-term drought or other source shortages caused by a natural disaster, source contamination, legal restrictions on water use, or other circumstances;

(2) A list of three or more stages of alert for potential shortage or water service difficulties. The stages shall range from a potential or mild alert, increasing through a serious situation to a critical emergency;

(3) A description of pre-determined levels of severity of shortage or water service difficulties that will trigger the curtailment actions under each stage of alert to provide the greatest assurance of maintaining potable supplies for human consumption; and

(4) A list of specific standby water use curtailment actions for each stage of alert ranging from notice to the public of a potential alert, increasing through limiting nonessential water use, to rationing or loss of service at the critical alert stage.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
Renumbered from 690-086-0140, WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0170 Municipal Water Supply Element of a Municipal WMCP

The water supply element of a Municipal WMCP shall include at least the following:

(1) A delineation of the current and future service areas consistent with state land use law that includes available data on population projections and anticipated development consistent with relevant acknowledged comprehensive land use plans and urban service agreements or other relevant growth projections;

(2) An estimated schedule that identifies when the water supplier expects to fully exercise each of the water rights and water use permits currently held by the supplier;

(3) Based on the information provided in section (1) of this rule, an estimate of the water supplier's water demand projections for 10 and 20 years, and at the option of the Municipal Water Supplier, longer periods;

(4) A comparison of the projected water needs and the sources of water currently available to the Municipal Water Supplier and to any other suppliers to be served considering the reliability of existing sources;

(5) If any expansion or initial diversion of water allocated under existing permits is necessary to meet the needs shown in section (3) of this rule, an analysis of alternative sources of water that considers availability, reliability, feasibility and likely environmental impacts. The analysis shall consider the extent to which the projected water needs can be satisfied through:

(a) Implementation of conservation measures identified under OAR 690-086-0150;

(b) Interconnection with other municipal supply systems and cooperative regional water management; and

(c) Any other conservation measures that would provide water at a cost that is equal to or lower than the cost of other identified sources.

(6) If any expansion or initial diversion of water allocated under existing permits is necessary to meet the needs shown in section (3) of this rule, a quantification of the maximum rate and monthly volume of water to be diverted under each of the permits;

(7) For any expansion or initial diversion of water under existing permits, a description of mitigation actions the water supplier is taking to comply with legal requirements including but not limited to the Endangered Species Act (ESA; 16 U.S.C. § 1531 et seq.), Clean Water Act (CWA; 33 U.S.C. § 1251 et seq.), and Safe Drinking Water Act (SDWA; 42 U.S.C. § 300f); and

(8) If acquisition of new water rights will be necessary within the next 20 years to meet the needs estimated in section (3) of this rule, an analysis of alternative sources of the additional water that considers availability, reliability, feasibility and likely environmental impacts and a schedule for development of the new sources of water. The analysis shall consider the extent to which the need for new water rights can be eliminated through:

(a) Implementation of conservation measures identified under OAR 690-086-0150;

(b) Interconnection with other municipal supply systems and cooperative regional water management; and

(c) Any other conservation measures that would provide water at a cost that is equal to or lower than the cost of other identified sources.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
Renumbered from 690-086-0140, WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0220 Agricultural Water Supplier Water Management and Conservation Plans: General Provisions

(1) Certain agricultural water suppliers must have approved conservation plans to transfer water rights within the boundaries of the districts to other land within the districts (ORS 540.572 to 540.578). These rules provide the standards for those conservation plans.

(2) Each agricultural water supplier required to submit a water management and conservation plan shall exercise diligence in implementing the approved plan and shall update and resubmit a plan consistent with the requirements of OAR 690, division 86 as prescribed during plan approval.

(3) Any agricultural water supplier participating in the water transfer provisions in ORS 540.572 to 540.578 and OAR 690-385-5000 to 690-385-5900 shall submit an annual report describing progress-to-date in implementing a water management and conservation plan.

(4) Water management and conservation plans submitted by agricultural water suppliers shall meet the requirements listed in OAR 690-086-0225 to 690-086-0270.

(5) A water conservation plan prepared in accordance with criteria of the Bureau of Reclamation and substantially meeting the requirements of OAR 690-086-0225 to 690-086-0270 may be submitted to meet the requirements of these rules.

(6) At least 30 days prior to submitting a draft plan to the Department, an agricultural water supplier shall make the draft plan available for review by each affected local government.

(7) Each agricultural water supplier preparing a water management and conservation plan is encouraged to develop and implement a program to involve the supplier's patrons in the preparation of the plan. Recommendations include making the plan available for public inspection and conducting public meetings to provide information and gather input on the plan.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0225 Agricultural Water Supplier Plan Elements

A water management and conservation plan submitted by an agricultural water supplier shall include:

(1) An agricultural water supplier description as described under OAR 690-086-0240;

(2) An agricultural water conservation element as described under OAR 690-086-0250;

(3) An agricultural water allocation/curtailment element as described under OAR 690-086-0260;

(4) An agricultural water supply element as required under OAR 690-086-0270;

(5) A list of the affected local governments to whom the draft plan was made available pursuant to OAR 690-086-0220(6) and a copy of any comments on the plan provided by the local governments;

(6) A proposed date for submittal of an updated plan based on the proposed schedule for implementation of conservation measures, any relevant schedules for other community planning activities, and the rate of growth of or other changes expected by the water supplier; or an explanation of why submittal of an updated plan is unnecessary and should not be required by the Department.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 4-2002, f. & cert. ef. 11-1-02

Or. Admin. R. 690-086-0240 Agricultural Water System Description

The description of the water system shall include at least the following information:

(1) General location of water right acreage, numbers of the associated water right certificates and permits and a description of relevant conditions of the water rights including the seasons of use and the uses of any other permitted withdrawals by the supplier;

(2) Source(s) of water; storage and regulation facilities; and a summary of any transfer, rotation, exchange or intergovernmental cooperation agreements;

(3) A schematic of the system showing storage and distribution facilities, drainage systems, measurement stations, generalized district boundaries, points of diversion and locations of major operational spills;

(4) Current water use, including peak and average annual diversions and, when available, water reuse and return flows;

(5) A summary of major classifications of user accounts showing water right acreages, the number of accounts of each classification, and the beneficial uses for which water is provided (irrigation, frost protection, temperature control, agricultural use, livestock, domestic, etc.);

(6) Types of on-farm irrigation systems common within the supplier’s accounts;

(7) A general characterization of crops commonly grown and the estimated average and peak consumptive use of the crops; and

(8) A description of the operation and maintenance program.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0250 Agricultural Water Conservation Element

The water conservation element shall include at least the following:

(1) A progress report on the conservation measures scheduled for implementation in the water management and conservation plan previously approved by the Department, if any;

(2) A description of the water supplier’s agricultural water measurement program and a statement that the program complies with the measurement and reporting standards in OAR 690, division 85, that a time extension or waiver has been granted, or that the standards are not applicable;

(3) A description of other conservation measures currently implemented by the water supplier;

(4) Short- and long-term goals of the water supplier to improve water management;

(5) An evaluation of the opportunities for improving water use efficiency which includes:

(a) A description of losses of water from canals, pipelines, and laterals, including any operational spills;

(b) An assessment of the extent to which water deliveries are insufficient to meet crop needs;

(c) A list of alternative conservation measures to reduce the losses of water identified in subsection (a) of this section and address any insufficiencies of water deliveries identified in subsection (b) of this section; and

(d) An assessment of existing and future alternatives to finance conservation measures including an analysis of the possibility of applying for the allocation of conserved water (ORS 537.455 to 537.500 and OAR 690-018-0010 to 690-018-0090).

(6) For each of the following conservation measures not currently being implemented, an evaluation of whether implementation of the measure is feasible and appropriate for ensuring the efficient use of water and the prevention of waste:

(a) Promotion of energy audits offered through local electric utilities for district water users;

(b) Conversion to metered, pressurized deliveries to all parcels of one acre or less;

(d) Modifying distribution facilities and district policies to increase the flexibility of water deliveries;

(e) Provision of on-farm irrigation scheduling assistance;

(f) Construction of re-regulating reservoirs;

(g) Adoption of rate structures that support and encourage water conservation;

(h) Each of the conservation measures listed in OAR 690-086-0250(5)(c); and

(i) Any other conservation measures identified by the water supplier that would improve water use efficiency.

(7) A description and estimated schedule for implementation of each of the following conservation measures:

(a) An information and education program aimed at improving the efficiency of the use of water delivered. The program should address all types of uses served and include voluntary water use audits; and

(b) Any other conservation measures identified as feasible and appropriate under section (6) of this rule.

(8) A program to monitor and evaluate the effectiveness of the conservation measures which are implemented.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 1-2019, minor correction filed 02/20/2019, effective 02/20/2019
Renumbered from 690-086-0240, WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94
WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0260 Agricultural Water Allocation/Curtailment Element

The water allocation/curtailment element shall include at least the following:

(1) A description of the frequency and magnitude of past supply deficiencies and current capacity limitation(s). The description shall include an assessment of the ability of the water supplier to maintain delivery during drought or other source shortages.

(2) A description of the water supply situation(s) that cause the water allocation/curtailment element to be implemented, including identification of the supply situations which trigger warnings to users or public notice of impending shortage;

(3) A description of the procedure used to allocate water during water shortages.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 2-2019, minor correction filed 02/20/2019, effective 02/20/2019
Renumbered from 690-086-0240, WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94
WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0270 Agricultural Water Supply Element

The long-range water supply element shall include at least the following:

(1) An estimate of the water supplier’s long-range water demand projections for 20 years;

(2) A comparison of the projected water needs and the size and reliability of water rights permits or other current water supply contracts held by the water supplier;

(3) A list of potential sources of water, including conservation and reuse, to supply the long-range needs;

(4) A comparison among the potential sources of additional water considering costs, availability, reliability, and likely environmental impacts;

(5) An evaluation of the effects of the following factors on long-range water needs:

(a) Regional options for meeting future water needs;

(b) Urbanization and other land-use trends;

(c) Provisions in affected local governments’ comprehensive plans relating to agricultural lands, urbanization, water resources, water supply, public facilities and services, and any other pertinent plan element or ordinance relating to uses or lands served, or proposed to be served, under the long-term water supply plan.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
Renumbered from 690-086-0240, WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94
WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0300 Alternate Municipal Water Management and Conservation Plans for Small Municipal Water Suppliers: Applicability

(1) A Small Municipal Water Supplier may submit an Alternate Municipal WMCP pursuant to OAR 690-086-0325 to 690-086-0370 in lieu of submitting a Municipal WMCP pursuant to OAR 690-086-0125 to 690-086-0170, if the Small Municipal Water Supplier has documented and submitted findings that the following would not be necessary to meet current or projected demand within the next 10 years:

(a) Acquisition of a new water right (as described in OAR 690-086-0170(8)); or

(b) Expand or initiate diversion of water allocated under an Extended Permit (as described in OAR 690-086-0170(5)).

(2) The Department shall determine if the Small Municipal Water Supplier meets the requirements described in section (1) of this rule at the time the plan is submitted. If the Department determines that the Small Municipal Water Supplier does not meet the requirements as defined in section (1) of this rule, the Department shall:

(a) Return the Alternate Municipal WMCP to the Small Municipal Water Supplier; and

(b) Require the Small Municipal Water Supplier to submit a Municipal WMCP that meets the requirements of OAR 690-086-0125.

(3) If the acquisition of a new water right, as described in OAR 690-086-0170(8), occurs after the submittal and approval of an Alternate Municipal WMCP, the Small Municipal Water Supplier shall submit an updated Municipal WMCP pursuant to OAR 690-086-0125 as required by a final order approving a previous plan or by any other order of the Department.

(4) A Small Municipal Water Supplier may submit an Alternate Municipal WMCP pursuant to OAR 690-086-0325 to meet the requirements of OAR Chapter 690, Division 315 so long as section (1) of this rule is met at the time the plan is submitted.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 690-086-0320 Alternate Municipal WMCP for Small Municipal Water Suppliers: General Provisions

(1) Each Small Municipal Water Supplier that submits an Alternate Municipal WMCP shall exercise diligence in implementing the approved plan and shall update and resubmit a plan consistent with the requirements of these rules as prescribed during plan approval.

(3) Progress reports submitted by Small Municipal Water Suppliers will be used in determining whether five-year Benchmarks are being met and/or if schedule changes proposed in updated plans are reasonable and appropriate.

(4) Progress reports submitted by Small Municipal Water Suppliers shall include:

(a) A list of the Benchmarks established under OAR 690-086-0350 and a description of the progress of the Small Municipal Water Supplier in implementing the associated conservation measures or other actions;

(b) Average monthly diversions and average daily diversions under each right held by the Small Municipal Water Supplier for the previous five years; and

(6) A water master plan that meets the requirements of OAR Chapter 333, Division 61 or the water supply element of a public facilities plan prepared that meets the requirements of OAR Chapter 660, Division 11 which substantially meets the requirements of OAR 690-086-0320 to 690-086-0370 may be submitted to meet the requirements of these rules.

(7) In the development of an Alternate Municipal WMCP, each Small Municipal Water Supplier is encouraged to consult with the planning departments or appropriate officials of Affected Local Governments to obtain information related to demand projections in comprehensive land use plans early in the development of the plan.

(8) At least 30 days prior to submitting a draft plan to the Department, a Small Municipal Water Supplier shall make the draft plan available for review by each Affected Local Government along with a request for comments relating to consistency with the local government's comprehensive land use plan.

(9) Each Small Municipal Water Supplier preparing an Alternate Municipal WMCP is encouraged to develop and implement a program to involve the supplier's customers in the preparation of the plan. Recommendations include making the plan available for public inspection and conducting public meetings to provide information and gather input on the plan.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 690-086-0325 Alternate Municipal WMCP: Water Supplier Plan Elements for Small Municipal Water Suppliers

An Alternate Municipal WMCP submitted by a Small Municipal Water Supplier shall include:

(1) A water supplier description for Small Municipal Water Suppliers as described under OAR 690-086-0340;

(2) A water conservation element for Small Municipal Water Suppliers as described under OAR 690-086-0350;

(3) A Water Curtailment Element for Small Municipal Water Suppliers as described under OAR 690-086-0360;

(4) A water supply element for Small Municipal Water Suppliers as described under OAR 690-086-0370;

(5) A list of the Affected Local Governments to whom the draft plan was made available pursuant to OAR 690-086-0320(8) and a copy of any comments on the plan provided by the local governments;

(6) A proposed date for submittal of an updated plan within no more than 10 years after submittal of the plan based on the proposed schedule for implementation of conservation measures, and as available, any relevant schedules for other community planning activities, the rate of growth, and any other changes expected by the water supplier; or an explanation of why submittal of an updated plan is unnecessary and should not be required by the Department; and

(7) If the Small Municipal Water Supplier is requesting additional time to implement Metering as required under OAR 690-086-350(4)(b) or a Benchmark established in a previously approved plan, documentation showing additional time is necessary to avoid unreasonable and excessive costs.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 690-086-0330 Criteria for Approval of an Alternate Municipal WMCP Submitted by Small Municipal Water Suppliers

In order to approve an Alternate Municipal WMCP under OAR 690-086-0915, the Department must find that:

(1) The plan includes each of the required elements under OAR 690-086-0325;

(2) For each of the water conservation measures required under OAR 690-086-0350(4), the plan includes a reasonable and appropriate schedule with five year Benchmarks for implementation of conservation activities;

(3) The Water Curtailment Element required under OAR 690-086-0360 satisfactorily promotes water curtailment practices and the coordination of usage regulation, taking into account state water law and local conditions, or is substantially the same as a curtailment plan prepared pursuant to ORS 536.780 and OAR 690-019-0090 and approved by the Department within the previous five years; and

(4) If mitigation is legally required to address limitations or restrictions on the development of permits for which resource issues are identified under OAR 690-086-0340(5)(i), the plan contains documentation that the supplier is complying with the mitigation requirements. The Department may consult with federal and state agencies in making this determination.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 690-086-0340 Alternate Municipal WMCP: Water Supplier Description for Small Municipal Water Suppliers

The Small Municipal Water Supplier description element of an Alternate Municipal WMCP shall include at least the following information:

(1) A description of the supplier's source(s) of water, including diversion, storage and regulation facilities, exchange agreements, intergovernmental cooperation agreements, and water supply or delivery contracts;

(2) A delineation of the current service areas, an estimate of the population served, and a description of how the estimate was calculated;

(3) An assessment of the adequacy and reliability of the existing water supply considering system reliability and redundancy. The Department may, at the request of the Small Municipal Water Supplier, assist with identifying potential limitations on continued use under existing water rights resulting from existing and potential future restrictions.

(4) A quantification of the water delivered by the Small Municipal Water Supplier that identifies current and available historic average annual water use, average day use, and peak day use;

(5) A tabular list of water rights held by the Small Municipal Water Supplier that includes the following information:

(a) Application, permit, transfer, and certificate numbers (as applicable);

(b) Priority date(s) for each right;

(d) Type(s) of beneficial uses specified in each right;

(e) Maximum instantaneous and annual quantity of water allowed under each right;

(f) Maximum instantaneous and annual quantity of water diverted under each right to date;

(g) Average monthly and average daily diversions under each right that is conveyed through the supplier’s distribution system for the previous year, and if available for the previous five years;

(h) Currently authorized date for completion of development under each right; and

(6) Identification and description of interconnections with other water supply systems; and

(7) A schematic of the system that shows the sources of water, storage facilities, treatment facilities, major transmission and distribution lines, pump stations, interconnections with other water supply systems, and the existing and planned future service area.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 690-086-0350 Alternate Municipal WMCP: Water Supplier Conservation Element for Small Municipal Water Suppliers

The water conservation element of an Alternate Municipal WMCP shall include at least the following:

(1) A progress report on the conservation measures or other actions scheduled for implementation in a water management and conservation plan previously approved by the Department, if any;

(2) A statement that the Small Municipal Water Supplier’s water use measurement and reporting program complies with the measurement standards in OAR Chapter 690, Division 85, that a time extension or waiver has been granted, or that the standards are not applicable;

(3) A description of other conservation measures, if any, currently implemented by the Small Municipal Water Supplier, including any measures required under water supply contracts; and

(a) An annual Water Audit that compares the quantity of water that enters and exits the system;

(b) If the system is not fully metered, a program to install meters on all un-metered Water Service Connections. The program shall start immediately after the plan is approved and shall identify the number of meters to be installed each year with full Metering completed within ten years of approval of the water management and conservation plan;

(d) A rate structure under which customers’ bills are based, at least in part, on the quantity of water metered at the service connections;

(e) If the annual Water Audit indicates that Water Losses exceed 15 percent and the Small Municipal Water Supplier serves a population greater than 300 people or has more than 100 service connections:

(A) Within two years of approval of the water management and conservation plan, the water supplier shall provide a description identifying potential factors for the loss and possible actions for remedy;

(B) If actions identified under subsection (A) do not result in the reduction of water loss to less than 15 percent, within five years of approval of the water management and conservation plan, the water supplier shall develop and implement a program to detect and repair leaks in the transmission and distribution system using methods and technology appropriate to the size and capabilities of the Small Municipal Water Supplier, a line replacement program detailing the size and length of pipe to be replaced each year, or a similar program that will result in a reduction of Water Losses.

(f) If the annual Water Audit indicates that Water Losses exceed 15 percent and the Small Municipal Water Supplier does not meet either the population or service connection criteria listed in OAR 690-086-0350(4)(e), the water supplier shall provide a description of how the supplier will identify potential factors for the loss and decrease Water Losses over time by implementing a leak detection program, a line replacement program, or other methodology that will result in a reduction of Water Losses; and

(g) A public education program to encourage efficient water use that, at a minimum, distributes conservation materials prepared by the Department or other existing sources to all customers prior to July 1st of each year.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 690-086-0360 Alternate Municipal WMCP: Water Supplier Curtailment Element for Small Municipal Water Suppliers

The Water Curtailment Element of an Alternate Municipal WMCP shall include at least the following:

(1) A description of any supply deficiencies experienced within the past 10 years and current capacity limitation(s);

(2) A list of two or more stages of alert for potential source shortage or water service difficulties;

(3) A description of pre-determined levels of severity of source shortage or water service difficulties that will trigger the curtailment actions under each stage of alert; and

(4) A list of specific standby water use curtailment actions for each stage of alert.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 690-086-0370 Alternate Municipal WMCP: Water Supply Element for Small Municipal Water Suppliers

The water supply element of an Alternate Municipal WMCP shall include the following:

(1) A description of the current and future service areas, including population projection estimates or other relevant growth projections;

(2) Based on the information provided in section (1) of this rule, an estimate of the water supplier’s water demand projections for 10 and 20 years; and

(3) A comparison of the projected water needed and the quantity of water currently available to the Small Municipal Water Supplier, and a description of how the Small Municipal Water Supplier will meet future system demand.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 690-086-0900 Water Management and Conservation Plan Review, Approval, and Enforcement

(1) The rules in OAR 690-086-0900 to 690-086-0920 set out the process and criteria for the Department's review, approval, and enforcement of Municipal WMCPs, water management and conservation plans submitted by, Agricultural Water Suppliers, and Alternate Municipal WMCPs. The rules apply to the submittal and review of draft plans, proposed final plans, and subsequent updates.

(2) The Department may allow additional time for a Municipal Water Supplier (under OAR 690-086-0150(4)(b)) or Small Municipal Water Supplier (under OAR 690-086-0350(4)(b)) to implement water Metering or a Benchmark established in a previously approved plan if the water supplier shows that additional time is necessary to avoid unreasonable and excessive costs.

(3) Notwithstanding any of the requirements of these rules, except OAR 690-086-0150(2), 690-086-0250(2), and 690-086-0350(2), the Department may approve a water management and conservation plan if the plan is generally consistent with the applicable criteria and includes a schedule for completion within five years of any additional work necessary to satisfy the requirements.

(4) Any Municipal WMCP approval that contains a requirement that a Municipal Water Supplier complete additional work under section (3) of this rule shall preclude additional diversion of water under an Extended Permit beyond the need quantified for the next two years.

History

Statutory/Other Authority: ORS 536.025 & 536.027
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02

Or. Admin. R. 690-086-0905 Notice of Submittal of a Draft Plan or Updated Plan

(1) The Department shall notify Affected Local Governments, affected Indian tribes, and all persons on the Department's weekly Public Notice mailing list that a draft water management and conservation plan prepared under the requirements of OAR 690-086-0125, 690-086-0225, or 690-086-0325 has been submitted to the Department and is available for review.

(2) Any person may review and submit written comments on the draft plan within 30 days of the notification in section (1) of this rule. Written comments submitted under this subsection must cite specific provisions of concern in the draft plan, describe how each of the provisions cited do or do not satisfy the requirements of OAR Chapter 690, Division 086, suggest any modification in each provision that would be necessary to satisfy the relevant requirement, and include information to support any suggested modifications.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
Renumbered from 690-086-0910, WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0910 Preliminary Review of Draft Plans

(1) The Department shall undertake a preliminary review of the draft plan and the comments received pursuant to OAR 690-086-0905 to determine whether the plan includes the required elements of OAR 690-086-0120 to 690-086-0170 for a Municipal WMCP,OAR 690-086-0220 to 690-086-0270 for a water management and conservation plan submitted by an Agricultural Water Supplier, or OAR 690-086-0320 to 690-086-0370 for an Alternate Municipal WMCP, as applicable.

(2) For a Municipal WMCP submitted by a Municipal Water Supplier, the Department shall review the plan to determine if the information and analyses in the plan are sufficient for the Department to make the determination required under OAR 690-086-0130.

(3) For a water management and conservation plan submitted by an agricultural water supplier the Department shall review the plan to determine whether:

(a) The plan includes the information required in OAR 690-086-0240;

(b) The water supplier has complied with the requirements of OAR 690-086-0250 and has included a description of the actions to be taken in the implementation of water conservation measures that are feasible and appropriate for ensuring the efficient use of water delivered and the prevention of waste; considering:

(A) The economic feasibility of the measures for the water supplier;

(B) Any likely adverse environmental impacts of implementation of the measures;

(D) The time needed to implement the measures;

(E) The effects of local variations in soil type and weather on the potential for successful implementation of the measures; and

(F) Whether the measures are consistent with other relevant water management plans and subbasin conservation plans.

(c) The water allocation/curtailment element prepared under OAR 690-086-0260 satisfactorily promotes water curtailment practices and the coordination of usage regulation, taking into account state water law and local conditions, or is substantially the same as a curtailment plan prepared pursuant to ORS 536.780 and OAR 690-019-0090 and approved by the Department within the previous five years; and

(d) The water supplier has included the information required in OAR 690-086-0270, and, in the list of potential sources of water to meet projected demands, included the development of any conservation measures which are available at a cost which is lower than the cost of other identified sources or has provided sufficient justification for the factors used in selecting other sources for development.

(4) For an Alternate Municipal WMCP submitted by Small Municipal Water Supplier that meets the applicability requirements of OAR 690-086-0300, the Department shall review the plan to determine if the information and analyses in the plan are sufficient for the Department to make the determination required under OAR 690-086-0330.

(5) Upon completion of the preliminary review and no later than 90 days after receipt of a draft plan, the Department shall:

(a) After considering public comments, provide the Department's written comments on the plan to the water supplier and any person who submitted comments pursuant to OAR 690-086-0905; or

(b) After considering public comments if the Department determines that the draft plan includes:

(A) The required plan elements under OAR 690-086-0125 for a Municipal WMCP,OAR 690-086-0225 for a water management and conservation plan submitted by an Agricultural Water Supplier, or OAR 690-086-0325 for an Alternate Municipal WMCP; and

(B) For a Municipal WMCP, that the plan meets the criteria under OAR 690-086-0130; or

(c) The Department shall issue a final order approving the plan pursuant to OAR 690-0086-0915(4), (5), or (7) and notify any person who submitted comments pursuant to OAR 690-086-0905 of the issuance of the order.

(6) The Department shall include in its written comments prepared under section (5) of this rule:

(a) For any deficiency identified in the review, a citation of the relevant statute or rule;

(b) To the extent necessary and possible, identification of any constraints to implementation of the water management and conservation plan and recommendations on appropriate actions to conserve water or to secure any identified new sources of water;

(c) An evaluation of the extent to which a request for additional time under OAR 690-086-0900(2) satisfies the relevant requirements of the rules;

(d) A period of time of not less than 60 days for the water supplier to respond to the Department's review;

(e) A period of time of not more than 120 days for the water supplier to submit a final plan to the Department; and

(f) Copies of any written comments received pursuant to OAR 690-086-0905.

(7) If the water supplier fails to submit a final plan to the Department within 120 days after receipt of the Department's preliminary review, the Department may:

(a) Issue a final order denying approval of the plan; or

(b) Issue a final order approving the plan as it is understood by the Department at the time of preliminary review as defined under section (1) of this rule.

(8) If the Department does not meet the 90-day deadline for preliminary review in section (5) of this rule:

(a) For purposes of ORS 540.572 to 540.578, a water management and conservation plan submitted by an Agricultural Water Supplier is deemed approved for the period from the expiration of the 90-day deadline until 120 days after the Department provides written comments under section (5) of this rule; and

(b) For Municipal Water Supplier s whose additional diversion of water under an Extended Permit is only authorized upon issuance of a final order approving a water management and conservation plan, notwithstanding OAR chapter 690, division 315, the Director may by order authorize diversion of an additional specified quantity of water as necessary to prevent harm to public welfare, safety and health.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0915 Final Review of Plans

(1) Upon receipt of a proposed final plan, the Department shall evaluate the plan to determine if it includes the required elements of OAR 690-086-0125 to 690-086-0170 for a Municipal WMCP, OAR 690-086-0225 to 690-086-0270 for a water management and conservation plan submitted by an Agricultural Water Supplier-, or OAR 690-086-0325 to 690-086-0370 for an Alternate Municipal WMCP. The evaluation shall be limited to a review of modifications in the plan and issues that were identified in the Department's written comments provided under OAR 690-086-0910 and, if any deficiencies are identified, the Department's review shall cite the relevant statute or rule.

(2) If the Department determines that the final plan does not include the required elements of OAR 690-086-0120 to 690-086-0170 for a Municipal WMCP, OAR 690-086-0220 to 690-086-0270 for a water management and conservation plan submitted by an Agricultural Water Supplier, or OAR 690-086-0325 to 690-086-0370 for an Alternate Municipal WMCP, the Department shall consult with the water supplier and may provide additional time to correct any discrepancies.

(3) For a Municipal WMCP submitted by a Municipal Water Supplier, the Department shall review the plan to determine if the information and analyses in the plan are sufficient for the Department to make the determination required under OAR 690-086-0130.

(4) For a Municipal WMCP submitted by a Municipal Water Supplier, if the Department determines that the proposed final plan includes the required elements under OAR 690-086-0120 to 690-086-0170 and meets the applicable criteria under OAR 690-086-0130, the Department shall issue a final order approving the plan and notify the water supplier and any person who submitted comments pursuant to 690-086-0905 of the approval. The Department's order shall include the following:

(a) A quantification of the maximum amount of water to be diverted during the next 20 years under each Extended Permit, or for a longer period as specified for an extended reservoir permit;

(b) The date on which an updated plan shall be submitted to the Department. A Municipal Water Supplier may submit an updated plan at any time prior to the date specified if necessary to accommodate unanticipated events. The Department shall not require submittal of an updated plan earlier than five years after issuance of the order approving the plan; and

(c) Provided the date specified in subsection (b) for submittal of an updated plan is greater than 5 years, a schedule for submittal of a five-year progress report on implementation of the water conservation and supply measures described in the plan.

(5) For a water management and conservation plan submitted by an Agricultural Water Supplier, if the Department determines that the proposed final plan satisfies the relevant requirements or if the water supplier satisfactorily corrects any identified discrepancies, the Department shall issue a final order approving the plan and notify the water supplier and any person who submitted comments pursuant to OAR 690-086-0905 of the approval. The Department shall specify in the order approving the plan if an updated plan shall be required and, if so, the date on which the updated plan shall be submitted to the Department. The Department shall not require submittal of an updated plan earlier than five years after issuance of the order approving the plan.

(6) For an Alternate Municipal WMCP submitted by a Small Municipal Water Supplier, the Department shall review the plan to determine if the information and analyses in the plan are sufficient for the Department to make the determination required under OAR 690-086-0330.

(7) For an Alternate Municipal WMCP submitted by a Small Municipal Water Supplier, if the Department determines that the proposed final plan includes the required elements under OAR 690-086-0320 to 690-086-0370 and meets the applicable criteria under OAR 690-086-0330, the Department shall issue a final order approving the plan and notify the water supplier and any person who submitted comments pursuant to OAR 690-086-0905 of the approval. The Department's order shall include the following:

(a) A quantification of the maximum amount of water to be diverted during the next 20 years under each Extended Permit, or for a longer period as specified for an extended reservoir permit (not to exceed existing development limitations established by a final order(s) issued by the Department);

(b) The date on which an updated plan shall be submitted to the Department. A Small Municipal Water Supplier may submit an updated plan at any time prior to the date specified if necessary to accommodate unanticipated events. The Department shall not require submittal of an updated plan earlier than five years after issuance of the order approving the plan; and,

(c) Provided the date specified in subsection (b) for submittal of an updated plan is greater than 5 years, a schedule for submittal of five-year progress reports on implementation of the water conservation and supply measures described in the plan.

(8) The Department shall issue a final order denying approval of the plan and notify the water supplier and any person who submitted comments pursuant to OAR 690-086-0905 of the issuance of the order if:

(a) The Department determines that the proposed final plan does not contain the plan elements required under OAR 690-086-0125 for a Municipal WMCP,690-086-0225 for a water management and conservation plan submitted by an Agricultural Water Supplier, or 690-086-0325 for an Alternate Municipal WMCP;

(b) The plan does not meet the criteria under OAR 690-086-0130 for a Municipal WMCP or under 690-086-0330 for an Alternate Municipal Water WMCP;

(c) The Municipal Water Supplier has failed to adequately justify a request for additional time to implement water Metering under OAR 690-086-0150(4)(b) for a Municipal WMCP, or a Benchmark established in a previously approved plan; or

(d) The Small Municipal Water Supplier has failed to adequately justify a request for additional time to implement water Metering under OAR 690-086-0350(4)(b) for an Alternate Municipal WMCP, or a Benchmark established in a previously approved plan; or

(e) The work plan submitted under OAR 690-086-0900(3) is insufficient for completing the additional work necessary to satisfy the requirements of these rules.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
Renumbered from 690-086-0910, WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 4-2002, f. & cert. ef. 11-1-02
WRD 11-1994, f. & cert. ef. 9-21-94

Or. Admin. R. 690-086-0920 Enforcement

If the Director determines that a water supplier has failed to submit a water management and conservation plan as required under OAR 690-086-0010 to 690-086-0370 or has failed to satisfactorily implement an approved water management and conservation plan, the Director may proceed with one or more of the following actions:

(1) Initiate an evaluation of the supplier's water management practices and facilities to determine if the use of water is wasteful;

(2) Initiate regulation of water use under OAR 690-250-0050 to eliminate waste;

(3) Rescind a previous approval of a water management and conservation plan; and

(4) If the submittal of the water management and conservation plan is required under a condition of a permit or an extension approved under OAR Chapter 690, Division 315 or 320, assess a civil penalty under OAR 690-260-0005 to 690-260-0110 or cancel the permit.

History

Statutory/Other Authority: ORS 536.027, 537.211 & 540.572
Statutes/Other Implemented: ORS 537.230, 537.630 & 539.010
WRD 7-2018, amend filed 12/21/2018, effective 12/21/2018
WRD 11-1994, f. & cert. ef. 9-21-94

Division 90 WATER DEVELOPMENT LOAN FUND

Or. Admin. R. 690-090-0005 Purpose

(1) The Water Development Fund, referred to in these rules as the Water Development Loan Fund, was created to provide loans to develop the water resources of the state. The fund was established in the Water Development Act, Chapter 246, 1977 Laws and approved by a general election in November, 1977. The Act was subsequently amended to authorize loans for community water supply projects which benefit communities of less than 30,000 population, fish protection projects, and watershed enhancement projects. The Act is codified in ORS 541.700 to 541.855.

(2) These rules provide instructions for the administration of the loan program.

History

Statutory/Other Authority: ORS 183 & 541
Statutes/Other Implemented: ORS 541.845
WRD 3-1997, f. & cert. ef. 4-15-97
WRD 15-1988, f. & cert. ef. 9-20-88
WRD 9-1982, f. & ef. 8-9-82
WRD 1-1982, f. & ef. 1-11-82
WRD 1-1978, f. & ef. 2-13-78

Or. Admin. R. 690-090-0010 Definitions

As used in these rules and forms to be prepared by the Water Resources Commission, the following definitions apply:

(1) “Applicant” means a loan program applicant or borrower.

(2) “Commission” means the Water Resources Commission.

(3) “Community” means an incorporated or unincorporated town or locality with more than three service connections and a population of less than 30,000.

(4) “Community water supply project” means an undertaking, in whole or in part, in this state for the purpose of providing water for municipal use, which may include safe drinking water, including dams, storage reservoirs, wells or well systems, pumping plants, treatment facilities, pipelines, canals, canal lining and restoration, ditches, revetments, and all other structures, facilities, real property and methods necessary or convenient for supplying water.

(5) “Department” means the Water Resources Department or its staff.

(6) “Director” means the director of the Water Resources Department or designee.

(7) “Drainage project” means facilities installed to provide for the removal of excess water and thereby increase soil versatility and productivity. These facilities may include ditching, tiling, piping, channel improvement, pumping plants or other agronomically approved methods.

(8) “Family farm unit” means land devoted primarily to agriculture under the ownership of a resident Oregon family.

(9) “Fish protection project” means an undertaking, in whole or in part, in this state for the purpose of fish protection, including fish screening or by-pass devices, fishways, passage, and all other structures and facilities necessary or convenient for providing fish protection.

(10) “Irrigation project” means facilities designed to provide water to land for the purpose of irrigation. Projects may include dams, storage reservoirs, wells or well systems, pumping plants, pipelines, canals, canal lining and restoration, ditches, revetments and all other structures, facilities, real property and methods necessary or convenient for supplying lands with water for irrigation purposes.

(11) “Loan advisory board” means a board appointed by the director to review applications made under ORS 541.700 through 541.855 and make recommendations thereon to the director.

(12) “Loan contract” means the loan agreement, supplemental loan agreement, promissory note, mortgage and other documents relating to the construction, operation and maintenance of the project, and repayment of the loan.

(13) “Loan funds” means moneys loaned by the department to finance water development projects.

(14) “Multipurpose project” means a water development project in this state which provides more than one use. To be eligible for funding, the primary use of the project shall be irrigation, drainage, community water supply, fish protection or watershed enhancement projects. Secondary uses may include other water uses which are compatible with the primary use. Secondary uses are:

(a) Any water-related recreational use;

(b) Any wildlife or natural resource conservation use;

(d) Water quality enhancement directly related to the development of a new water development project;

(e) Any flood control use;

(f) Any power generation use;

(g) Any water supply system utilized for the purpose of agricultural temperature control;

(h) Any water supply system utilized for the maintenance of livestock;

(i) Any water supply system utilized as a domestic water system for the benefit of an individual residence related to the operation of the water development project.

(15) “Personal property” means movable property or possessions not permanently affixed to and a part of the real estate.

(16) “Principal income” means a major source of income as stated in the applicant’s federal tax returns for the three years previous to filing the Water Development Loan Fund application or such other evidence acceptable to the director.

(17) “Real property” means land, buildings, and other permanent improvements to the land.

(18) “Resident” means an individual living in the State of Oregon for the six months immediately preceding the date of filing an application.

(19) “Water developer” means:

(a) Any individual resident of this state;

(b) Any profit-making partnership subject to the provisions of ORS Chapter 68 or 70 whose principal income is from farming in Oregon;

(c) Any profit-making corporation subject to the provisions of ORS Chapter 60, whose principal income is from farming in Oregon;

(d) Any nonprofit corporation subject to provisions of ORS Chapter 65, whose principal income is from farming in Oregon;

(e) Any cooperative subject to the provisions of ORS Chapter 62, whose principal income is from farming in Oregon;

(f) Any irrigation district organized under or subject to the Irrigation District Act, as defined in ORS Chapter 545;

(g) Any water improvement district organized under ORS Chapter 552;

(h) Any water control district organized under ORS Chapter 553;

(i) Any irrigation or drainage corporation organized under or subject to ORS Chapter 554;

(j) Any drainage district organized under ORS Chapter 547 or subject to all or part of ORS Chapter 545;

(k) Any corporation, cooperative, company, or other association formed prior to 1917 for the purpose of distributing water for irrigation purposes;

(l) Any port district organized under ORS Chapter 777.005 to 777.725, 777.915 to 777.953 and 777.990;

(m) Any city or county;

(n) Any organization formed for the purpose of distributing water for community water supply; or

(o) Any local soil and water conservation district organized under ORS 568.210 to 568.808 and 568.900 to 568.933.

(20) “Water development project” means an undertaking, in whole or in part, in Oregon with the primary purpose of irrigation, drainage, community water supply, fish protection, or watershed enhancement, including acquisition of water for instream flow.

(21) “Watershed enhancement project” means an undertaking, in whole or in part, in this state for the purpose of watershed enhancement including methods and materials to restore, maintain and enhance the biological, chemical and physical integrity of the riparian zones and associated uplands of the state’s river, lake and estuary systems.

History

Statutory/Other Authority: ORS 183, 197, 536 & 541
Statutes/Other Implemented: ORS 541.700 - 541.855
WRD 3-1997, f. & cert. ef. 4-15-97
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 15-1988, f. & cert. ef. 9-20-88
WRD 8-1986, f. & ef. 6-18-86
WRD 9-1982, f. & ef. 8-9-82
WRD 1-1982, f. & ef. 1-11-82
WRD 1-1978, f. & ef. 2-13-78

Or. Admin. R. 690-090-0015 Eligibility: Applicant and Project

(1) To be eligible, applicants shall meet the definition of water developer, as stated in OAR 690-090-0010.

(2) To be eligible, projects shall meet the definition of a drainage project, irrigation project, community water supply project, fish protection project, watershed enhancement project or multipurpose project, as defined in OAR 690-090-0010.

History

Statutory/Other Authority: ORS 541
Statutes/Other Implemented: ORS 541.700 - 541.855
WRD 3-1997, f. & cert. ef. 4-15-97
WRD 8-1986, f. & ef. 6-18-86
WRD 9-1982, f. & ef. 8-9-82
WRD 1-1982, f. & ef. 1-11-82
WRD 1-1978, f. & ef. 2-13-78

Or. Admin. R. 690-090-0016 Eligible Costs

Subject to these rules, a loan may be approved to pay costs relating to the project including:

(1) The costs of buying or otherwise acquiring, building, installing, rehabilitating or reconstructing a water development project as defined in OAR 690-090-0010;

(2) Costs of obtaining a loan;

(3) Design, engineering and license costs;

(4) Reserves, interest costs relating to construction or interim financing, staff training, and site costs; and

(5) Grant matching funds or other costs of funds needed for the project.

History

Statutory/Other Authority: ORS 541
Statutes/Other Implemented: ORS 541.700, 541.705, 541.750, 541.770 & 541.835
WRD 3-1997, f. & cert. ef. 4-15-97

Or. Admin. R. 690-090-0017 Preferences

To satisfy the preference set in ORS 541.703 and providing that the guidelines and criteria set forth in 541.700 through 541.855 and these rules are met, the director shall give priority to those projects required to be undertaken as a result of a proceeding under 222.840 to 222.915 or 431.705 to 431.760 to alleviate conditions constituting a danger to public health. Priority, as used here, shall mean moving such loan applications ahead of other applications that may have been previous in time and, to the extent funds are inadequate to meet demands of pending applications, priority in funding.

History

Statutory/Other Authority: ORS 541
Statutes/Other Implemented: ORS 541.703
WRD 3-1997, f. & cert. ef. 4-15-97

Or. Admin. R. 690-090-0018 Authority of Director

(1) The director is authorized by the commission to approve, deny, or amend loans, establish loan interest rates, and to execute bond and loan contracts. The director shall refer decisions on loan requests greater than three million dollars, or such other amount as may be established by order of the commission, to the commission with a written loan recommendation when discretionary authority allowed under OAR 690-090-0025 is exercised. The director may, at the director’s discretion, refer any loan decision to the commission along with a written loan recommendation.

(2) The director may:

(a) Contract with regulated lenders, state or federal agencies or others to provide services, subsidies or grants to the program.

(b) Take such steps as are needed to recover loan funds and prevent their misuse, or to prevent project funds from being diverted from the originally approved purpose.

(c) Delegate to staff, in writing, authority to approve, deny, or amend loans and to execute bond and loan contracts consistent with these rules.

(d) Take any action allowed by law to comply with federal codes and rules on bonding or to assure the payment of program bonds.

History

Statutory/Other Authority: ORS 536 & 541
Statutes/Other Implemented: ORS 541.700 - 541.855
WRD 3-1997, f. & cert. ef. 4-15-97

Or. Admin. R. 690-090-0019 Loan Advisory Board

(1) The director shall appoint a loan advisory board to review applications made under ORS 541.700 through 541.855 and pursuant to these rules and make recommendations thereon to the director. The members appointed to the board shall be subject to the approval of the commission.

(2) At least five but not more than seven members shall be appointed to the loan advisory board. The board shall be composed of individuals with expertise in and representing interests of one or more of the following: instream flow and watershed enhancement, finance or banking, project development, agriculture, and local government operations.

(3) Before appointing a member to the board, the director shall mail notice to all persons and organizations which have filed with the department a written request to be included on the mailing list maintained for the Water Development Loan Fund program.

(4) Appointments to the board are not limited to individuals submitted for consideration as a result of the solicitation process set forth in (3) above.

(5) Each member shall serve at the pleasure of the director and be appointed to serve a two-year term. The term may exceed two years, at the discretion of the director, until such time as a successor is appointed and qualified. The director may provide administrative facilities and services for the board.

(6) The director shall annually appoint a chair of the board. The chair or chair’s designee shall preside over all board meetings. An affirmative act of the majority of the appointed members shall be required to act on a loan recommendation.

(7) The director shall select a department employee to serve as secretary to the board.

(8) The board shall hold public meetings at the call of the director. The chair and secretary shall set the date, time and place of meetings. The agenda for each meeting shall be prepared by the secretary and the chair and shall include all matters to come before the board at the meeting. The secretary shall send the agenda, the staff loan recommendation and any related material to members and the applicant at least one week prior to a meeting.

(9) Meetings may be run informally by the chair. The chair or chair’s designee shall sign all board documents unless a member or the secretary is allowed by a board vote to do so.

(10) The director shall make public notice of each loan advisory board meeting as provided in OAR 690-090-0035.

(11) The board shall hear comments on any matter before it. The board may set time limits on comments.

(12) After its review, the board shall advise the director in writing whether the project complies with OAR 690, division 090 and recommend the amount in which any loan should be made. The director may accept, modify or reject the recommendation of the board.

History

Statutory/Other Authority: ORS 541
Statutes/Other Implemented: ORS 541.700 - 541.855
WRD 3-1997, f. & cert. ef. 4-15-97

Or. Admin. R. 690-090-0020 Application Procedure

(1) It is recommended that potential applicants contact the director for a pre-application conference prior to submitting an application. The director or delegated staff may advise applicants whether the project appears to comply with these rules, whether funds are available and which costs may be eligible. No advice, opinion or statements of any nature rendered pursuant to this subsection shall constitute a loan approval or any other form of representation or binding commitment.

(2) The application shall be made on forms and in a manner set by the director. Application forms shall be completed and filed with the director in order to be considered eligible for funds from the Water Development Loan Fund.

(3) The level of detail of the information provided in the application shall be commensurate with the size and scope of the project. The director may reject incomplete applications. All applications for water development projects shall:

(a) Describe the nature, purpose and location of the proposed water development project. The location shall be described in reference to the public land survey.

(b) State the amount and term of loan requested.

(d) Include a statement describing the reason why the project would be in the public interest.

(e) Include information the applicant has that describes the effect, if any, of the proposed project on fish and wildlife, including endangered, threatened or sensitive species; water quality; water use conservation or efficiency; economic development; public uses of the affected surface waters, including recreation; and any other anticipated environmental impact.

(f) Provide the legal description of the real property to be used as security for the loan.

(g) Include a feasibility study for the construction, operation, and maintenance of the proposed water development project; cost estimates and material specifications; and construction schedule for completion of the project.

(h) State whether any moneys other than those in the Water Development Loan Fund are proposed to be used for the construction of the proposed water development project and whether any other moneys are available or have been sought for the construction.

(i) Show that the applicant holds or can acquire all real property and interests therein and water rights necessary for the construction, operation and maintenance of the proposed water development project.

(j) Include land use information as outlined in the department’s Land Use Planning Procedures Guide.

(k) Provide a fiscal impact statement as to any impact that the proposed project may have on small businesses, including Oregon family farm units.

(l) Contain information demonstrating that the applicant is a qualified, creditworthy and responsible water developer who is willing and able to enter into a contract for loan repayment and who has financial resources adequate to operate and maintain the project including, but not limited to, an itemization of assets and liabilities and credit references.

(m) Include written consent from the applicant and guarantors allowing the department to complete a full credit investigation, including a credit report.

(n) Include evidence of sufficient income to meet loan repayment. This evidence may include, but is not limited to, the prior three years tax returns, audited financial statements, cash flow projections, current year budget information or other evidence deemed satisfactory by the director. The director may require such financial information dating back further than three years if, in the director’s judgment, it is deemed necessary.

(o) Include a narrative description of the applicant’s management personnel, board or council members and any contracted personnel. This information should include the names, titles, experience, specialized training and expertise of personnel that will be responsible for decision making, general management responsibilities, technical responsibilities, and internal operations including fiscal and accounting responsibilities.

(p) Include a brief history of the applicant’s business or operation, including the number of years in operation, population or customers served, economic trends and significant operational or management changes made in the last three years.

(q) Except for an individual or sole proprietorship, include evidence satisfactory to the director of legal authority to borrow and enter into a loan contract with the department.

(4) The director may require specific additional information be included with the application forms to determine that:

(a) The applicant is qualified to operate and maintain the project;

(b) The applicant has a history of responsible credit management;

(d) The applicant’s project is economically feasible in that income from the enterprise will support the loan payments.

(5) An application for irrigation or drainage projects shall also:

(a) State whether any purposes other than irrigation or drainage will be served by the proposed project and the nature of other such purposes;

(b) Include an evaluation of the agricultural potential of the land from any competent public agency;

(d) Include a statement from the applicant that the proposed project is, or will be built and operated in compliance with all state and federal, as applicable, laws and permitting requirements.

(6) An application for community water supply projects shall also:

(a) State whether any purposes other than supplying water for community use will be served by the proposed project and the nature of other such purposes;

(b) Include a schedule of the annual net revenues available to meet the debt servicing requirements of the loan; and

(c) Include a statement from the applicant that the proposed water project is, or will be, in compliance with all state and federal, as applicable, laws and permitting requirements, in addition to federal community water standards.

(7) An application for fish protection projects shall also:

(a) Include an assessment and a recommendation from the Oregon Department of Fish and Wildlife on the proposed project; and

(b) Include a statement from the applicant that the proposed project is, or will be built and operated, in compliance with all state and federal, as applicable, laws and permitting requirements.

(8) An application for a watershed enhancement project shall also:

(a) Include a recommendation from the Governor’s Watershed Enhancement Board for the project;

(b) State whether any purposes other than watershed enhancement will be served by the proposed project and the nature of other such purposes; and

(c) Include a statement from the applicant that the proposed project is, or will be built and operated, in compliance with all state and federal, as applicable, laws and permitting requirements.

(9) All applications for water development projects shall include fees as set forth in OAR 690-090-0036.

(10) All applications for water development projects shall include an assessment and a recommendation from the Oregon Department of Fish and Wildlife on the proposed project.

History

Statutory/Other Authority: ORS 183, 197, 536 & 541
Statutes/Other Implemented: ORS 541.705
WRD 3-1997, f. & cert. ef. 4-15-97
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 15-1988, f. & cert. ef. 9-20-88
WRD 8-1986, f. & ef. 6-18-86
WRD 9-1982, f. & ef. 8-9-82
WRD 1-1982, f. & ef. 1-11-82
WRD 1-1978, f. & ef. 2-13-78

Or. Admin. R. 690-090-0025 Criteria For Granting a Loan

(1) No application for loan funds may be approved by the director unless the director makes findings required by ORS 541.720 and additional findings as follows:

(a) The proposed water development project is feasible and a reasonable risk from practical and economic standpoints;

(b) The plan for the construction, operation and maintenance of the proposed water development project is satisfactory and, if the primary purposes of the project include irrigation or drainage, the agricultural potential is confirmed;

(d) The applicant is a qualified, credit-worthy and responsible water developer and is willing and able to enter into a contract with the commission for construction and repayment as provided in ORS 541.730;

(e) Moneys in the Water Development Fund are or will be available for the construction of the proposed water development project;

(f) There is a need for the proposed project;

(g) The proposed project is in the public interest;

(h) The applicant’s financial resources are adequate to provide the working capital needed to operate and maintain the project;

(i) The construction cost associated with any secondary use does not exceed the construction cost of the primary use of the water development project;

(j) The project will not be in conflict with any state or federal agency statutes or administrative rules; and

(k) The project meets the requirements established in OAR 690-005-0045 (Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans).

(2) The director may deny any loan request or set such terms and conditions as needed to assure a sound loan or to protect the program funds.

(3) In order to maximize the number of users of the Water Development Loan Fund, the director may, at the director’s discretion, deny a loan if granting the loan would deplete the Water Development Loan Fund and preclude the granting of loans to a greater number of borrowers.

(4) The director shall require the applicant to obtain insurance coverage adequate to protect the State’s interest during and after construction of the project and for the life of the loan, in amounts and terms deemed satisfactory to the director.

(5) The director may require borrowers to submit audited financial statements or other annual financial information pertaining to the loan annually.

(6) For any water development project requiring the filing of a water right application, the director shall make any loan approval conditioned upon issuance of a permit or approved transfer in accordance with ORS Chapter 536, 537, and 540.

(7) For any community water supply project, the director shall make any loan approval conditioned upon the project complying with the standards of the Oregon Health Division.

(8) Unless the director finds financial factors warrant otherwise, an applicant that is a sole proprietorship, profit-making partnership, corporation or cooperative shall meet the following conditions:

(a) Have been in existence and operating for at least three years.

(b) Have made a profit after taxes for the last three years before loan application.

(A) Have a ratio of current assets to current debt of at least 1.75 to 1;

(B) Have a ratio of quick assets, consisting of cash, marketable securities, accounts and notes receivable, and other assets readily convertible to cash, to current debt of at least 1 to 1; and

(D) The director may exempt an applicant from this rule if the applicant shows that financially sound entities of the same type and under similar size and circumstance do not normally meet these standards.

(d) Provide a personal or corporate guarantee or other acceptable credit enhancement satisfactory to the director.

(e) Demonstrate, to the director’s satisfaction, compliance with all outstanding loan obligations and agreements in the last five years, all required reserve accounts are fully funded and all other loan covenants are being met.

(f) A publicly traded entity must demonstrate they have received unqualified audit opinions from their Certified Public Accountant, completed in accordance with Generally Accepted Auditing Standards covering the last three years financial statements. The director may, at the director’s discretion, accept a qualified audit opinion if the opinion does not indicate material deficiencies in the applicant’s financial position, management or internal controls, or compliance with loan or bond obligations.

(9) Unless the director finds financial factors warrant otherwise, an applicant that is a non-profit corporation or non-profit cooperative shall meet the following conditions:

(a) Have been in existence and operating for at least three years.

(b) Demonstrate adequate income to fund all expenses, debt obligations and a reserve for unforeseen contingencies, for at least the last three years before loan application;

(A) Have a ratio of current assets to current debt of at least 1.75 to 1;

(B) Have a ratio of quick assets, consisting of cash, marketable securities, accounts and notes receivable, and other assets readily convertible to cash, to current debt of at least 1 to 1; and

(d) Demonstrate, to the director’s satisfaction, compliance with all outstanding loan obligations and agreements in the last five years, all required reserve accounts are fully funded and all other loan covenants are being met.

(e) Demonstrate they have received unqualified audit opinions from their Certified Public Accountant, completed in accordance with Generally Accepted Auditing Standards, covering the last three years financial statements. The director may, at the director’s discretion, accept a qualified audit opinion if the opinion does not indicate material deficiencies in the applicant’s financial position, management or internal controls, or compliance with loan or bond obligations.

(f) Demonstrate there is professional management in place, including a manager with experience in water delivery systems, satisfactory to the director.

(10) An applicant that is an irrigation district, water improvement district, water control district, drainage district, or port district shall meet the following conditions:

(a) Unless the director finds financial factors warrant otherwise, have been in existence and operating for at least three years.

(b) Have a loan to value ratio of all real property within the district which is served by the water development project or which is served by a water source enhanced or restored by the water development project, including new debt and outstanding debt of the district, that does not exceed 1 to 10.

(c) Collect assessments or user charges which, together with other available funds on hand for each fiscal year, are sufficient to generate coverage by revenues net of operation and maintenance expenses of 125 percent of annual debt service from property owners. The director, at the director’s discretion, may allow establishment of a rate or collection stabilization fund to satisfy this condition.

(d) Demonstrate, to the satisfaction of the director, compliance with all outstanding loan obligations and agreements in the last five years, all required reserve accounts are fully funded and all other loan covenants are being met.

(f) Demonstrate a percentage of collection of assessments or user charges that is satisfactory to the director and either have in place or adopt a standard package of delinquency and foreclosure policies acceptable to the director prior to receiving a loan.

(g) Districts with less than 100 members may be required to provide additional financial information, guarantees or other form of credit enhancement as required by the director.

(h) Demonstrate there is professional management in place, including a manager with experience in water delivery systems, satisfactory to the director.

(i) In any case of a loan to, or the purchase of bonds issued by, a district to which the judicial confirmation procedure authorized by ORS 548.105 is available and in which subject matter jurisdiction exists under 548.105, no loan agreement shall be executed unless the district first has delivered to the director a certified copy of the circuit court judgment confirming the regularity and legality of the proceedings and order or other determination providing for the issue of the district’s bonds.

(11) An applicant that is a city or county shall meet the following conditions:

(a) Except when the city or county offers a general obligation, collect assessments or user charges which, together with other available funds on hand for each fiscal year, are sufficient to generate coverage by revenues net of operation and maintenance expenses of 125 percent of annual debt service from property owners. The director, at the director’s discretion, may allow establishment of a rate or collection stabilization fund to satisfy this condition.

(b) Demonstrate, to the satisfaction of the director, compliance with all outstanding loan obligations and agreements in the last five years, all required reserve accounts are fully funded and all other loan covenants are being met.

(c) Demonstrate they have received unqualified audit opinions from their Certified Public Accountant, completed in accordance with Generally Accepted Auditing Standards, covering the last three years financial statements. The director may, in the director’s judgment, accept a qualified audit opinion if the opinion does not indicate material deficiencies in the applicant’s financial position, management or internal controls, or compliance with loan or bond obligations.

(d) Demonstrate a percentage of collection of assessments, user charges or other revenue pledged for repayment that is satisfactory to the director and either have in place or adopt a standard package of delinquency and foreclosure policies acceptable to the director prior to receiving a loan.

(e) Demonstrate there is professional management in place, including a manager with experience in water delivery systems, satisfactory to the director.

(12) The director may require applicants to establish a reserve fund, if not prohibited or unduly restricted by federal tax law as determined at the discretion of the director, up to the maximum annual debt service or maximum allowed by federal law, or pledge other reserve funds the director deems acceptable as loan security. The director shall establish conditions for use of the fund and its duration in the loan contract.

(13) The director may place additional conditions on the applicant in the loan contract limiting additional borrowing.

(14) Findings under this rule and ORS 541.720 are for lending purposes only. Such findings do not endorse the project, its design, or its parts and provide no assurances of any kind for any other purpose.

History

Statutory/Other Authority: ORS 183, 197, 536 & 541
Statutes/Other Implemented: ORS 541.710
WRD 3-1997, f. & cert. ef. 4-15-97
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 15-1988, f. & cert. ef. 9-20-88
WRD 8-1986, f. & ef. 6-18-86
WRD 9-1982, f. & ef. 8-9-82
WRD 1-1982, f. & ef. 1-11-82
WRD 1-1978, f. & ef. 2-13-78

Or. Admin. R. 690-090-0030 Loan Security

(1) For individual residents, profit-making partnerships or corporations and non-profit corporations subject to ORS Chapter 65, whose principal income is from farming in Oregon, the security for the loans shall be a mortgage or security agreement upon real property of the water developer. Any personal property acquired with loan funds will also be held as security for the loan with the filing of the appropriate documents and security agreements. This property need not be directly benefited by the project. Existing liens shall be released or subordinated of record before any Water Development Fund loan proceeds will be advanced. The amount of security shall be sufficient to recover the amount of the loan. Unless the director finds financial factors warrant otherwise, the maximum amount of loan, including amounts loaned for reserves and loan fees, shall not exceed 60 percent of the current appraised value of the security for the loan. In no event shall the amount of loan exceed 70 percent of the appraised value of the security for the loan.

(2) For water developers not covered by OAR 690-090-0030(1), security for the loan includes but is not limited to a first lien to the state of Oregon attached to the real property of the water developer, and the user charges owed to or received by the water developer. At the discretion of the director, the lien may attach to all real property, whether owned by the water developer or other persons, which is served by the water development project or which is served by a water source enhanced or restored by the water development project. Except as otherwise provided in 690-090-0025(c) and (9)(a), the water developer shall enter into a written agreement with the director that assessments, user charges or other revenue pledged for repayment used for security shall be maintained at no less than 125 percent of the debt service on the loan.

(3) Real property used for securing the loan shall have been appraised by a licensed appraiser, county assessor, or department appraiser, at the discretion of the director, within six months prior to the date of the loan commitment.

(4) There will be no advance first lien documents required at the time of application. Applicants should consult anyone who holds an existing lien against property to be used as security for the loan to be sure that applicant can meet the first lien requirement.

(5) Where the applicant is a water developer described in ORS 541.700(7)(e) through (o), the water developer shall represent and warrant in the loan agreement that it is fully authorized to, and does, grant the State of Oregon, the liens required under 541.740(1) and that the granting of a lien of the type required under 541.740 will not violate or conflict with any other agreement, pledge or contract to which the water developer is a party, or with any decree, order or judgment of any competent tribunal to which the water developer is subject.

(6) A partial release of lien may be granted by the director upon written request of an individual, partnership, or corporation borrower if the remaining property provides adequate security as required by law and these Administrative Rules.

History

Statutory/Other Authority: ORS 183 & 541
Statutes/Other Implemented: ORS 541.740 & 541.770
WRD 3-1997, f. & cert. ef. 4-15-97
WRD 15-1988, f. & cert. ef. 9-20-89
WRD 8-1986, f. & ef. 6-18-86
WRD 9-1982, f. & ef. 8-9-82
WRD 1-1982, f. & ef. 1-11-82
WRD 1-1978, f. & ef. 2-13-78

Or. Admin. R. 690-090-0035 Notice and Public Meetings

(1) The director shall make public notice of each application within one week of receipt and at least 14 days prior to the public meeting as provided in OAR 690-090-0019. The notice shall contain a summary of the application including the names of the applicants, the location, nature and any new water appropriations required by the proposed project.

(2) The notice shall be mailed to all persons and organizations which have filed a written request for notices with the department and shall be posted at the department.

(3) Individuals or groups wishing to comment on an application shall do so to the director in writing within 14 days following the date of mailing the notice if they wish their comments to be considered.

(4)(a) The director shall call a public meeting on an application as provided in OAR 690-090-0019.

(b) Such meeting shall be conducted according to procedures described in ORS Chapter 192 and OAR 690-090-0019.

History

Statutory/Other Authority: ORS 183 & 541
Statutes/Other Implemented: ORS 541.700 - 541.855
WRD 3-1997, f. & cert. ef. 4-15-97
WRD 15-1988, f. & cert. ef. 9-20-88
WRD 8-1986, f. & ef. 6-18-86
WRD 9-1982, f. & ef. 8-9-82
WRD 1-1982, f. & ef. 1-11-82
WRD 1-1978, f. & ef. 2-13-78

Or. Admin. R. 690-090-0036 Fees and Charges

In accordance with ORS 541.710(2) and 541.730(2), the applicant shall pay the commission for costs incurred in connection with the application and administrative expenses incurred in operating the loan program. Applicants shall pay the following charges:

(1) An application fee as fixed by statute. As used in this rule, “application” shall include requests to assume, transfer or increase an existing loan.

(2) A loan processing fee initially set at $1,000 or one percent of the loan request, whichever is greater, up to $10,000, or such other amount as may be established by order of the commission. The fee shall be used to reimburse the director for costs incurred in connection with processing the loan request but may not constitute the full amount due. Such costs shall include, but are not limited to, loan processing cost including staff time, credit reports, appraisal fees, technical reviews, expert advice, legal fees, inspections and disbursement costs. After the director has been reimbursed for all costs related to processing the loan, the applicant shall be reimbursed any funds remaining without interest. In the event the loan processing fee and the application fee referred to in this subsection are inadequate to cover the cost of processing the loan, the director shall advise the applicant of the additional amounts needed to complete loan processing and the applicant shall submit that amount at such time as the director specifies.

(3) Administrative expenses incurred in administering the loan, in excess of any fees and charges, shall be collected through interest and any other charges specified in the loan contract executed by the applicant and the director in accordance with ORS 541.730(2).

(4) The interest rate on a loan shall be that rate in effect for the type and size of loan on the date of the note or other evidence of indebtedness. However, an interest rate set in an executed loan commitment shall not be increased without either the applicant’s consent or provisions therefore in the loan contract. Revolving loan contracts may provide for rates to be changed upon issue of permanent bonds.

History

Statutory/Other Authority: ORS 541
Statutes/Other Implemented: ORS 541.710 & 541.730
WRD 3-1997, f. & cert. ef. 4-15-97

Or. Admin. R. 690-090-0038 Appeal Process

(1) If the director rejects a loan application or approves a loan amount different than that requested by the applicant, the applicant may file an appeal to the commission. The commission may reverse, modify or affirm the director’s action on the loan application.

(2) An appeal of the director’s action shall be initiated by the applicant no later than 30 days after the applicant receives notice of the director’s action under ORS 541.710 or 541.720.

History

Statutory/Other Authority: ORS 541
Statutes/Other Implemented: ORS 541.710 & 541.720
WRD 3-1997, f. & cert. ef. 4-15-97

Or. Admin. R. 690-090-0040 Closing of the Loan

(1) Arrangements for repayment of a loan shall be made by the applicant and the director.

(2) The loan contract shall set forth the repayment schedule. The repayment schedule shall:

(a) Include the amortization of the principal plus interest and provide for full repayment of the loan within 30 years or the life of the project, from the date of the first payment, whichever occurs first; and

(b) Provide for commencement of repayment by the applicant of moneys used for construction and interest thereon not later than two years after the date of the loan contract or at such other time as the director may provide.

(3) The loan contract shall be a binding legal document between the applicant and the director stating the terms of the loan including:

(a) The purpose of the loan describing the project and location;

(b) The amount of the loan and payment schedule;

(d) A statement allowing the director to inspect the project to ensure that the developer complies with conditions for which the money was loaned. This shall remain in effect for the length of the contract.

(e) Agreement by the borrower to provide all information necessary to conform to the Federal Secondary Market Disclosure Rules or any other federal rules or regulations, including payment of any penalty for noncompliance, and to the full extent permitted by law, payment of compensation to the program for any costs, expenses or liability incurred by the program as a result of the borrower’s noncompliance.

(4) In loans to irrigation districts that are effected through the department’s purchase of bonds issued by a district, the loan contract shall:

(a) Contain a covenant that the district shall not redeem, call or otherwise retire the purchased bonds prior to the agreement date or dates of maturity without the prior written consent of the director, which the director may grant or withhold at the director’s sole discretion.

(b) Contain a covenant by which the district agrees to make, levy and collect annual assessments under ORS 545.381 and other applicable law, and to charge and collect revenues, as applicable, sufficient to pay when due all indebtedness or obligations of the district, including those owed to the department.

(c) Require a written opinion of the irrigation district’s legal counsel, addressed to the director, that the district is authorized to make covenants required by this subsection and that the covenants are valid obligations of the district, enforceable in accordance with their terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium or other laws generally affecting creditor’s rights, by the application of judicial discretion and principles of equity in appropriate cases, and common law and statutes affecting the enforceability of contractual obligations generally.

(d) Contain a covenant by which the district expressly waives, as authorized with respect to bonds of the district by ORS 545.683, any requirement that the director shall submit to the district a voucher or accept any performance of the district’s obligations that is different from that required under the bonds and loan contract.

(e) Provide that in the case of default or delinquency of the district in the performance of any of its obligations under the bonds and/or loan contract, the director need not make any claim or demand as a condition to the institution of appropriate enforcement proceedings and that the district shall submit to the jurisdiction of the circuit court for the County of Marion in any such action, including but not limited to any application for a writ of mandamus to require the district’s board of directors to make, levy and collect sufficient annual assessments to satisfy the district’s obligations.

(5) The loan contract shall include provisions for early prepayment of the loan that are consistent with the terms of the bonds and related bond documents used to fund the loan, comply with the State Treasurer’s debt management policies and do not expose the commission or program to undue risk of financial loss.

(6) If the water developer is unable to continue the existing loan contract due to temporary hardship, the director may agree to a modification of the loan contract, at the discretion of the director and within the limitations imposed by statute and bond issue documents.

(7) The ownership of a water development project shall not be assigned or transferred without the prior written approval of the director and the loan security filed pursuant to OAR 690-090-0030 shall remain in full force and effect notwithstanding any subsequent assignment or transfer without such prior written approval. The director may, in exchange for granting an assignment or transfer, increase the rate of interest charged on the loans as provided by ORS 541.730.

(8) The borrower may not, in any manner, assign, cancel or transfer any interest in any water right associated with the project without the written consent of the director.

History

Statutory/Other Authority: ORS 183 & 541
Statutes/Other Implemented: ORS 541.730 & 541.770
WRD 3-1997, f. & cert. ef. 4-15-97
WRD 15-1988, f. & cert. ef. 9-20-88
WRD 8-1986, f. & ef. 6-18-86
WRD 9-1982, f. & ef. 8-9-82
WRD 1-1982, f. & ef. 1-11-82
WRD 1-1978, f. & ef. 2-13-78

Or. Admin. R. 690-090-0045 Issuance of Bonds

(1) Requests to issue bonds to finance water development loans may be made to the State Treasurer by the commission as the commission finds necessary.

(2) The director shall act on behalf of the commission at bond sales to accept or reject bid offerings on bonds to finance water development loans.

History

Statutory/Other Authority: ORS 183 & 541
Statutes/Other Implemented: ORS 541.780 - 541.815
WRD 3-1997, f. & cert. ef. 4-15-97
WRD 15-1988, f. & cert. ef. 9-20-88
WRD 8-1986, f. & ef. 6-18-86

Or. Admin. R. 690-090-0050 Loan Servicing

(1) The director or the director’s designee may conduct periodic inspections of water projects.

(2) The director shall issue to the borrower satisfactions of mortgage or liens as appropriate when the accounts or liens are paid in full.

(3) The director may negotiate for the release and exchange of security as required to maintain the solvency of the project and program.

(4) The director may purchase personal property insurance as needed to protect security and may add the cost of such insurance to the borrowers’ account to the extent allowed in the loan documents.

History

Statutory/Other Authority: ORS 183 & 541
Statutes/Other Implemented: ORS 541.730 - 541.740
WRD 3-1997, f. & cert. ef. 4-15-97
WRD 15-1988, f. & cert. ef. 9-20-88

Or. Admin. R. 690-090-0055 Collection of Delinquencies

The director may use any of the following methods to collect delinquent accounts, unless otherwise precluded by specific loan contract provisions:

(1) Establish and impose a late charge as provided for in the individual loan agreements, contracts, or as negotiated in extension agreements.

(2) Enter into extension agreements as allowed by the loan agreement, bond indentures, and opinions of the Attorney General.

(3) Issue a demand letter at default as determined by the loan agreement or the note and mortgage. At expiration of the demand letter the director may:

(a) Refer the file to the Oregon Department of Justice for legal action; and

(b) Accept an estoppel deed in lieu of foreclosure after determining that it is in the best interest of the State to do so.

(4) Enter bids at sheriff’s sales to purchase real and personal property in order to protect the State’s interest.

(5) Refer the account to the Oregon Department of Justice for action in bankruptcy proceedings.

(6) Enter into agreements for receivership as recommended by the Attorney General’s Office.

(7) Assign to the Oregon Department of Justice the pursuit of a writ of mandamus requiring the borrower to increase assessments, user charges or other revenue pledged for repayment to adequately facilitate repayment of the loan or bond obligation.

(8) Nothing in this section shall limit the authority granted to the commission by ORS 541.740.

History

Statutory/Other Authority: ORS 183 & 541
Statutes/Other Implemented: ORS 541.740
WRD 3-1997, f. & cert. ef. 4-15-97
WRD 15-1988, f. & cert. ef. 9-20-88

Or. Admin. R. 690-090-0060 Property Management

The Director may initiate any of the following actions in order to protect the State’s interest in property owned by the Fund:

(1) Enter into service contracts to establish value of security for the management of farm operations, servicing, repairing and securing personal property.

(2) Enter into federal subsidy contract programs.

(3) Advertise state-owned property for sale in the appropriate media.

(4) Accept or reject offers to purchase property held by the Fund and extend counteroffers.

(5) Provide warranty deeds, bargain and sale deeds, or satisfactions of mortgage, as appropriate.

(6) Establish interest rates that will be required on contracts of sale of state-owned property.

(7) Negotiate Commodity Certificates issued by federal subsidy programs.

(8) Reserve mineral rights as defined in ORS 273.775(1) and geothermal rights as defined in 273.775(2).

(9) Make claims of risk management as appropriate for losses to state-owned property under Department of General Services guidelines.

(10) Enter into lease, lease purchase, or rent agreements.

(11) Sell or release property as necessary to provide for the solvency of the Fund.

(12) Apply for, transfer, abandon, or sell water rights on state-owned property as allowed by governing statutes and rules.

(13) Extend a grace period as appropriate for late payments.

History

Statutory/Other Authority: ORS 183 & 541
WRD 15-1988, f. & cert. ef. 9-20-88

Division 93 WATER SUPPLY DEVELOPMENT GRANT AND LOAN PROGRAM

Or. Admin. R. 690-093-0010 Purpose

The purpose of OAR 690-093 is to establish a means for state government to support the development of water resource projects having economic, environmental and community benefits. The rules establish procedures and requirements for the funding of water resources projects from the Water Supply Development Account established in ORS 541.656.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0020 Definitions

The following definitions apply to this division of the rules:

(1) “Collateral” means the security pledged for the payment of a loan.

(2) “Commission” means the Water Resources Commission.

(3) “Conserved Water” means that amount of water that results from conservation measures, measured as the difference between:

(a) The smaller of the amount stated on the water right or the maximum amount of water that can be diverted using the existing facilities; and

(b) The amount of water needed after implementation of conservation measures to meet the beneficial use under the water right certificate.

(4) “Director” means the director of the Oregon Water Resources Department or the director’s designee.

(5) “Expanded Storage” means the quantity of water authorized by a new water storage permit that adds to the capacity of an already-existing storage facility.

(6) “Indian Tribe” as defined by ORS 391.802 means a federally recognized Indian tribe in Oregon that has members residing on a reservation or tribal trust lands in Oregon.

(7) “Instream Use” means water that remains in or is released into the natural stream channel or lake bed or where water naturally flows or occurs that provides a benefit including but not limited to recreation, conservation, maintenance and enhancement of aquatic and fish life, wildlife, fish and wildlife habitat, other ecological values, pollution abatement or navigation.

(8) “Newly Developed Water” means the new increment of water:

(a) Stored for a project providing new or expanded storage;

(b) Allocated to a use under a secondary water right for a project involving the allocation of previously uncontracted water stored by the United States Army Corps of Engineers under an existing water right; or

(9) “Non-Profit Organizations” means an organization that uses surplus revenues to achieve its goals rather than distributing them as profit or dividends.

(10) “Perennial Stream” means a continuous stream flow year around.

(11) “Persons” as defined by ORS 536.007 means individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agencies thereof, and the federal government and any agencies thereof.

(12) “Project Materials” means documents or media materials that are published or produced to describe or market the project.

(13) “Protected Instream” means water that remains in or is released into the natural channel and is legally protected by the state.

(14) “Seasonally Varying Flows” means the duration, timing, frequency and volume of flows, identified for the purpose of determining conditions for a new or expanded storage project, that must remain in-stream outside of the official irrigation season in order to protect and maintain the biological, ecological and physical functions of the watershed downstream of the point of diversion, with due regard given to the need for balancing the functions against the need to store water for multiple purposes.

(15) “Secondary Water Right” as used in OAR 690-093-0020 (8)(b) means a water right permit issued for the beneficial use of stored water.

(16) “Technical Review Team” means the group consisting of representatives from Water Resources Department, the Department of Environmental Quality, the State Department of Fish and Wildlife, the State Department of Agriculture, Oregon Business Development Department, affected Indian tribes, any collaborative body established by the Governor to address challenges, opportunities and priorities for the region affected by the project and additional experts as determined by the Water Resources Department.

(17) “Water Supply Development Account” is the account established in the State Treasury under ORS 541.656.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0030 Authorized Use of Funds

(1) The Department may expend moneys from the Water Supply Development Account for:

(a) Subject to subsection (3) of this section, making loans and grants to evaluate, plan and develop instream and out-of-stream water development projects approved by the Water Resources Commission, including but not limited to projects that:

(A) Repair or replace infrastructure to increase the efficiency of water use;

(B) Provide new or expanded water storage;

(D) Create new, expanded, improved or altered water distribution, conveyance or delivery systems in connection with newly developed water;

(E) Allocate federally stored water;

(F) Promote water reuse;

(G) Promote water conservation;

(H) Provide streamflow protection or restoration;

(I) Provide for water management or measurement in connection with newly developed water; and

(J) Determine seasonally varying flows in connection with newly developed water.

(b) Paying the necessary administrative and technical costs of the Department in carrying out OAR 690-093.

(2)(a) In addition to any other permissible uses of moneys in the account, the Department may expend moneys from the account to support:

(A) Ongoing studies conducted by the United States Army Corps of Engineers to allocate stored water; and

(B) Comprehensive basin studies conducted by the United States Bureau of Reclamation.

(b) Expenditures described in this subsection are not subject to any grant or loan procedures, public benefit scoring or ranking or other requirements or restrictions for grants or loans established under this administrative rule.

(3) The Department may expend account moneys under subsection (1) of this section for loans and grants to develop instream and out-of-stream water development projects only if the Department determines under ORS 540.530 that any transfer of water rights for the project will not injure existing water rights.

(4) The Commission is not required to obligate all available account moneys during a funding cycle. Any available account moneys that are not obligated during a funding cycle shall be carried forward and be made available for projects in future funding cycles.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0040 Loan and Grant Applicant Eligibility

(1) Parties eligible for a loan or grant under these rules include persons, Indian tribes, and non-profit organizations.

(2) If an applicant is required to have a water management and conservation plan as prescribed by a condition of a water use permit; a permit extension; or another order or rule of the Commission, the plan must be submitted to the Water Resources Department and receive approval prior to Department acceptance of an application for a loan or grant from the account.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0050 Pre-Application Conferences

(1) A pre-application conference may be requested by prospective applicants.

(2) The Department may request, and the applicant must provide 14 days prior to the conference, adequate project information to prepare for the pre-application conference.

(3) At the pre-application conference, the Department shall inform the prospective applicant of:

(a) The procedural and substantive requirements of a loan or grant application;

(b) The scoring system used to evaluate loan and grant requests; and

(4) The prospective applicant may request additional pre-application consultation with the Department.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0060 Application Submission Periods

(1) The Department shall accept an application for a loan or grant at any time, but shall establish a yearly deadline for the consideration of a pool of applications.

(2) The Department will conduct a preliminary review of the application for completeness, eligibility and for sufficiency of information to determine benefits and outcomes as listed in OAR 690-093-0090 Scoring and Ranking and OAR 690-093-0100 Project Selection.

(3) Applications not funded during one annual period may be resubmitted in a future period.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0070 Application Requirements

(1) Applications for a loan or grant from the Water Supply Development Account must be in a form prescribed by the Water Resources Department and must include the following:

(a) A description of the need, purpose and nature of the project, including what the applicant intends to complete and how the applicant intends to proceed;

(b) Sufficient information to allow evaluation of the application based upon the public benefit scoring and ranking of the project;

(d) For applications involving physical changes or monitoring on private land, evidence that landowners are aware of and agree to the proposal and are aware that monitoring information is a public record;

(e) The location of the proposed project, using public land survey reference points, latitude and longitude, county, watershed, river and stream mile, if appropriate;

(f) An itemized budget for the project, including fiscal and administrative costs;

(g) A description of funds, services or materials available to the project;

(h) A project schedule, including beginning and completion dates;

(i) Any conditions that may affect the completion of the project;

(j) A completed feasibility analysis if appropriate;

(k) Suggestions for interim and long-term project performance benchmarks;

(l) If the application is for a grant, demonstrated in-kind and cash cost match of not less than 25 percent of the amount of the grant sought from the account;

(m) If the application is for a loan, evidence demonstrating ability to repay the loan and provide collateral;

(n) Letters of support for the proposed project;

(o) If required by the Department, a description of consultations with affected Indian tribes regarding the project; and

(p) Any other information required by the Department.

(2) Applications determined to be ineligible, incomplete or that provide insufficient information shall be returned to the applicant.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0080 Public Comment

(1) The Department shall provide public notice and a 60-day period for public comment prior to initial scoring by the Technical Review Team by posting applications passing an initial review on the Department’s website.

(2) Additional public comment will be sought by the Commission after rankings are published and prior to a final decision on an application.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0090 Scoring and Ranking; Funding Decisions

(1) The primary elements in the process of scoring and ranking of applications include the following:

(a) Initial review for completeness by the Department;

(b) Public comment;

(c) The Technical Review Team conducts the initial scoring and ranking for the projects, considers comments from applicants and the public and makes loan and grant funding recommendations to the Commission; and

(d) The Commission determines the final scoring and ranking of projects, provides for additional public comment, and makes the final decision regarding which projects are awarded loans or grants from the account.

(2) The Technical Review Team scoring methodology shall rank applications based upon the public benefits of the project and additional considerations set forth in ORS 541.677 subsection (1)(b), (1)(d) and (1)(e). The Technical Review Team shall use a score sheet provided by the Department. Each of the three public benefit categories shall be given equal importance in the evaluation and will have scoring sublevels including but not limited to the following:

(a) The evaluation of economic benefits for a project based on the changes in economic conditions expected to result from the project related to:

(A) Job creation or retention;

(B) Increases in economic activity;

(D) Enhancement of infrastructure, farmland, public resource lands, industrial lands, commercial lands or lands having other key uses;

(E) Enhanced economic value associated with tourism or recreational or commercial fishing, with fisheries involving native fish of cultural significance to Indian tribes or with other economic values resulting from restoring or protecting water in-stream; and

(F) Increases in irrigated land for agriculture.

(b) The evaluation of environmental benefits for a project based on the changes in environmental conditions expected to result from the project related to:

(A) A measurable improvement in protected streamflows that:

(i) Supports the natural hydrograph;

(ii) Improves floodplain function;

(iii) Supports state or federally listed sensitive, threatened or endangered fish species;

(iv) Supports native fish species of cultural importance to Indian tribes; or

(v) Supports riparian habitat important for wildlife;

(B) A measurable improvement in groundwater levels that enhances environmental conditions in groundwater restricted areas or other areas;

(D) Water conservation;

(E) Increased ecosystem resiliency to climate change impacts; and

(F) Improvements that address one or more limiting ecological factors in the project watershed.

(c) The evaluation of the social or cultural benefits for a project based on the changes in social or cultural conditions expected to result from the project related to:

(A) The promotion of public health and safety and of local food systems;

(B) A measurable improvement in conditions for members of minority or low-income communities, economically distressed rural communities, tribal communities or other communities traditionally underrepresented in public processes;

(D) Contribution to the body of scientific data publicly available in this state;

(E) The promotion of state or local priorities, including but not limited to the restoration and protection of native fish species of cultural significance to Indian tribes; and

(F) The promotion of collaborative basin planning efforts, including but not limited to efforts under the state Integrated Water Resources Strategy.

(3) Scoring sublevels shall have a numeric point scale that accounts for positive and negative effects of the project. Sublevel scores shall be summed to a public benefit category level. The Department shall set a minimum score for the application to proceed.

(4) The Technical Review Team will use the total score from the score sheet provided by the Department to rank all applications and make loan and grant funding recommendations to the Commission.

(5) The Commission shall determine the final scoring and ranking of projects and make the final decision regarding which projects are awarded loans or grants from the account based on criteria in OAR 690-093-0100.

(6) The Department shall document the ranking of all applications and make the application ranking publicly available after the funding decisions by the Commission have been published.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0100 Project Selection

(1) The Commission shall select projects for funding which have the greatest public benefit and will achieve the outcomes listed in subsection (3) of this section.

(2) Project evaluation shall include:

(a) The public benefit in three categories:

(A) Economic;

(B) Environmental; and

(b) Equal importance of each of the three categories of public benefit; and

(3) The Commission will consider the following in its determination of eligible projects that will receive funding:

(a) The issuance of grants or loans only to projects that provide benefits in each of the three categories of public benefit described in (2)(a) of this section;

(b) Preference for partnerships and collaborative projects;

(d) If a project proposes to divert water, preference for projects that provide a measurable improvement in protected streamflows; and

(e) If a project proposes to increase efficiency, preference for projects that provide a measurable increased efficiency of water use.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0110 Water Dedicated Instream for Certain Above-Ground Storage Facilities

(1) For the purposes of this section “dedicated instream” has the same meaning as “protected instream” as defined in OAR 690-093-0020(13).

(2) The recipient of a grant for the development of a new or expanded above-ground storage facility (reservoir) that impounds surface water on a perennial stream; diverts water from a stream that supports state or federally listed sensitive, threatened or endangered fish species; or diverts more than 500 acre-feet of water annually must dedicate 25 percent of the newly developed water to instream use.

(3) To meet the requirements of subsection (2) of this section, dedicated water from projects may come from any combination of newly developed water and other sources and may be released or transferred instream at other locations in the tributary if the Department determines as provided under ORS 540.530 that the alternate location would not injure existing water rights and, in consultation with the State Department of Fish and Wildlife, determines that the alternate location would provide greater or equal environmental benefit. The Water Resources Department, in consultation with the State Department of Fish and Wildlife, shall determine the timing of the flows to maximize instream benefits in a manner consistent with public health and safety.

(a) Other sources of water as identified in this subsection include but are not limited to water released from another reservoir and protected under a secondary water right for instream use or a water right transferred instream under OAR chapter 690 Division 77 through a permanent instream transfer or a time limited instream transfer that has a term that is consistent with subsection 3(c) of this section.

(b) To establish that a project complies with subsection (2) of this section, the grant recipient may include water dedicated to instream use as a result of the conditions of federal, state or local permits for the project.

(c) Other sources of water to meet the requirement of subsection (2) of this section shall be legally protected instream for the life of the project for which grant funds were used.

(d) The Department shall protect water dedicated to instream use under this subsection consistent with the priority of the dedicated water source.

(4) A storage water right that is using stored water releases to meet the requirement of subsection (2) of this section, shall be conditioned to achieve the following:

(a) Meet the dedication requirement with stored water releases that are protected under a separate secondary water right;

(b) Annually report, on a schedule determined by the Department, the maximum volume of newly developed water stored in the funded reservoir, including newly developed water present in the reservoir during the immediate past storage season. Twenty-five percent of this volume equals the dedication requirement;

(c) If the dedication requirement is not fully met from other sources, the funded reservoir shall release and the Department shall protect the balance of the water necessary to meet the dedication requirement; and

(d) Demonstrate that the dedication requirement has been met.

(5) For an existing storage permit subject to the requirements of subsection (2) of this section, the grant agreement shall be conditioned to meet the requirements of subsections (3) and (4) of this section.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0120 Demonstration of Public Benefits of Project

(1) A project that receives a loan or grant from the Water Supply Development Account must:

(a) Demonstrate social or cultural benefits and economic benefits sufficient to qualify the project under the scoring and ranking system described in OAR 690-093-0090; and

(b) Except as otherwise provided in ORS 541.681, demonstrate environmental benefits:

(A) By dedicating 25 percent of conserved water or newly developed water, that will be protected by the Department, to instream use; or

(B) By demonstrating environmental benefits that are sufficient to qualify the project under the scoring and ranking system described in OAR 690-093-0090.

(2) To establish that a project complies with subsection (1)(b) of this section, the loan or grant recipient may include water dedicated to instream use as a result of the conditions of federal, state or local permits for the project.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0130 Seasonally Varying Flows

(1) For the purposes of this section “sufficient” information means enough scientific information collected using standard biological, hydrologic, or hydraulic methods to develop the recommended flow prescription.

(2) The Department shall make a determination as provided under subsection (3) of this section if an application for a loan or grant is for a project that requires a water storage or aquifer recharge permit or limited license for the storage of water outside of the official irrigation season and:

(a) Impounds surface water on a perennial stream;

(b) Diverts water from a stream that supports state or federally listed sensitive, threatened or endangered fish species; or

(3) The Department shall review a completed application to determine whether the applicable seasonally varying flows have been established for the stream of interest. If the Department determines that the applicable seasonally varying flows have not been established, the Department shall establish the seasonally varying flows before issuing a loan or grant. The establishment of the seasonally varying flows by the Department shall occur after an application has been selected for funding based on the criteria of OAR 690-093-0100. The Department may use Water Supply Development Account moneys to pay the cost of establishing a seasonally varying flow and to pay other costs directly related to project development.

(4) The Department shall establish any seasonally varying flows under subsection (3) of this section in consultation with the State Department of Fish and Wildlife and any affected Indian tribes. The Department may rely upon existing scientific data and analysis or may fund new data and analysis. The Department shall determine the method for development of a seasonally varying flow prescription using the matrix provided in Appendix OAR 690-093.

(5) If the Department establishes applicable seasonally varying flows for the stream of interest, the Department shall make the seasonally varying flows a condition of:

(a) The new or existing water storage or aquifer recharge permit or limited license for the storage of water issued for any project described in subsection (2) of this section that receives a loan or grant from the account; and

(b) The new or existing water storage or aquifer recharge permit or limited license for the storage of water issued for any subsequent project that:

(A) Receives a loan or grant from the account;

(B) Is for the storage of water outside of the official irrigation season; and

(6) The applicant for a permit or license described in subsection (5)(b) of this section may request that seasonally varying flows established under subsection (3) of this section for the stream of interest be altered based upon new information. There is, however, a rebuttable presumption that existing applicable seasonally varying flows protect and maintain the biological, ecological and physical functions of the stream to the extent required by Commission rules.

(7) The Department shall condition a water storage permit and resulting certificate, aquifer recharge permit and resulting certificate or limited license for a project that receives a grant or loan from the account and meets the other conditions described in subsection (5) of this section to protect the seasonally varying flow in effect at the time the loan or grant is issued for the project.

(8) For purposes of any project that receives a loan or grant and meets the other conditions described in subsection (5) of this section, the Department shall use the matrix provided in Appendix OAR 690-093 for determining the seasonally varying flow prescription.

(9) The matrix in Appendix OAR 690-093 contains the following considerations:

(a) The level of ecological impact of the proposed project including:

(A) Whether the project is diverting water from a stream supporting sensitive, threatened, or endangered species;

(B) Whether the impoundment is located in-channel;

(D) Whether the project is proposing to divert more than half of the remaining available water in the basin;

(E) Whether the majority of water is already developed in the basin.

(b) The type of information already available including:

(A) Whether there is sufficient long-term data to understand the natural hydrograph;

(B) Whether there is sufficient information to understand climate driven shifts to the flow regime;

(D) Whether there is sufficient information about all species present at/below the point of diversion and their lifecycle needs;

(E) Whether there are habitat studies that provide sufficient information to understand the relationship between selected habitat features and streamflow;

(F) Whether there are geomorphological studies or data that provide sufficient information to understand the relationship between sediment transport and streamflow;

(G) Whether there is sufficient stream data available to describe stream complexity and floodplain connectivity; and

(H) Whether there is sufficient water quality data available, particularly related to temperature.

(10) Subsections (1) through (9) of this section do not eliminate or alter any applicable standard for department review of an application to determine whether water is available for purposes of reviewing an application for a new water storage or aquifer recharge permit or a limited license for the storage of water.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0150 Agreements and Conditions

(1) Before loan or grant moneys are expended from the Water Supply Development Account for the construction of a project, the recipient must obtain all applicable local, state and federal permits.

(2) Project materials must include a notation indicating that Water Resources Department funding was used for the project.

(3) The loans or grants may be conditioned to require that the recipient complete and operate the funded project as described in the loan or grant application. The Department may require that before commencing the operation of a project funded with account moneys, the funding recipient demonstrate that the public benefits identified for the project, including any environmental benefits proposed at a location other than the project site, will be realized in a timely fashion.

(4) At regular intervals, and upon completion of the project, the loan or grant recipient must submit updates to the Department that describe the completed work, the public benefits achieved and project expenditures.

(5) The recipient must regularly measure and report the water diverted and used from the project. The Department shall make the final determination regarding the method, timing, frequency and location of measurement.

(6) The recipient must monitor, evaluate and maintain the project for the life of the loan, or for a specified number of years for a grant, and provide annual progress reports to the Department.

(7) The Department may impose other project specific conditions by noting the conditions during project evaluation and including the condition in the funding agreement for the project.

(8) The Department may terminate, reduce or delay funding for a project if the loan or grant recipient fails to comply with any provision of subsections (1) to (7) of this section.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0160 Authority of the Director

(1) The Director is authorized by the Commission to enter into agreements with applicants who have been awarded a grant or loan by the Commission.

(2) The Director may:

(a) Contract with regulated lenders, state or federal agencies or others to provide services to the program.

(b) Take such steps as are needed to:

(A) Ensure repayment or recovery of loan funds; and

(B) Prevent project funds from being diverted from the originally approved purpose.

(3) The Director or the Director's designee may conduct periodic inspections of water projects with reasonable notice.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0170 Loan Interest Rates and Terms

(1) Interest on loans shall be at reasonable rates as determined by the Commission.

(2) Loan repayment terms shall be for no more than 50 years and shall not exceed the estimated lifespan of the project.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0180 Loan Closing

(1) If the Commission approves a loan, the Department and the applicant or applicants shall enter into an agreement for repayment; arrangements for repayment shall be made by the applicant and the Director.

(2) The loan agreement shall set forth the repayment schedule. The repayment schedule shall:

(a) Include the amortization of the principal plus interest and provide for full repayment of the loan within 50 years or the life of the project, from the date of the first payment, whichever occurs first; and

(3) The loan agreement shall be a binding legal document between the applicant and the Director stating the terms of the loan, including but not limited to:

(a) The purpose of the loan describing the project and location;

(b) The amount of the loan and payment schedule;

(d) A statement allowing the Director to inspect the project to ensure that the developer complies with conditions for which the money was loaned. This shall remain in effect for the length of the agreement.

(4) The loan agreement shall include provisions for early prepayment of the loan.

(5) The ownership of a project shall not be assigned or transferred during the term of the loan without the prior written approval of the Director; such approval shall not be unreasonably withheld.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0190 Standards for Security of Loans

Loans shall not be approved unless:

(1) The applicant demonstrates and the Department finds that the loan will comply with all requirements of the Department and any applicable federal and state requirements.

(2) The Director determines that the applicant meets the following standards:

(a) Demonstrated revenues or other resources available to:

(A) Repay the loan in accordance with its terms; and

(B) Provide for the continued operation and maintenance of the project.

(b) The applicant is qualified, credit-worthy and responsible as demonstrated by a satisfactory credit history or rating from a rating agency; or

(d) The project plan assures timely completion and includes schedules with measurable performance benchmarks.

(3) The application requirements and qualifications are met.

(4) The proposed water development project is feasible and a reasonable risk from practical and economic standpoints.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Or. Admin. R. 690-093-0200 Program Review

(1) The Water Resources Department shall review the loan and grant program on a biennial basis to assess to what extent the outcomes described in ORS 541.677 are being achieved, and shall report the review findings to the Water Resources Commission.

(2) The Commission shall modify the project selection process as necessary to better achieve the outcomes described in ORS 541.677.

History

Statutory/Other Authority: ORS 541.651 - 541.696
Statutes/Other Implemented: ORS 541.651 - 541.696
WRD 6-2015, f. & cert. ef. 7-2-15

Division 95 COLUMBIA RIVER BASIN WATER DEVELOPMENT LOAN PROGRAM

Or. Admin. R. 690-095-0005 Purpose, Statutory Authorization

(1) The Water Development Fund [Article XI-I(1), Constitution of Oregon] provides financing for loans for the construction of water development projects for irrigation, drainage, fish protection, watershed restoration and municipal uses and for the acquisition of easements and rights of way for water development projects authorized by law.

(2) These rules establish procedures and standards for administration of the Columbia River Basin Water Development Loan Program to provide for loans that have a high probability of repayment and are adequately secured in the event of default. The Columbia River Basin Water Development Loan Program implements provisions of Chapter 907, Oregon Laws 2009 related to loans to finance water development projects in the Columbia River Basin and various provisions of ORS Chapter 541, as amended by Chapter 907. These rules are authorized by ORS 541.646 and ORS Chapter 183.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0010 Definitions

The words and phrases used in these rules have the meaning given in ORS 541.600 and ORS 541.700, unless they are otherwise specifically defined in this division.

(1) “Adequate Security” means the pledge of real or personal property or a credit enhancement or other collateral of value authorized by the director to secure a loan against default.

(2) “Applicant” means a qualified water developer applying to borrow moneys through the loan program for a water development project in the Columbia River Basin.

(3) “Application” includes all documents and forms required by the department under these rules and pursuant to ORS 541.600 to 541.855.

(4) “Bonds” mean the State of Oregon general obligation bonds issued under Article XI-I(1) of the Oregon Constitution to fund the loan program.

(5) “Columbia River Basin” means the area of land comprising the drainage areas of all river basins within Oregon that drain directly to the Columbia River or Snake River and includes the main stem of the Columbia River.

(6) “Commission” means the Oregon Water Resources Commission.

(7) "Community" means an incorporated or unincorporated town or locality with more than three service connections.

(8) “Department” means the Oregon Water Resources Department.

(9) “Director” means the director of the Oregon Water Resources Department or the director’s designee.

(10) “Federal Water Development Project” means any water development project that receives funding from the federal government, or any agency or instrumentality of the United States.

(11) “Loan” means the moneys loaned by the department under the loan program to finance a water development project.

(12) "Loan Advisory Board" means a board appointed by the director to review applications made under Section 20 of chapter 907, Oregon Laws 2009 and make recommendations thereon to the director.

(13) “Loan Document” means the loan agreement, any supplemental loan agreement, promissory note, mortgage, security agreement and any related documents, including but not limited to any pledge of or lien against collateral, entered into by the department and an applicant related to a loan from the department to a borrower under the loan program, and any documentation required by the department to change a loan’s terms and conditions.

(14) “Loan Program” means the Columbia River Basin Water Development Loan Program.

(15) “Provider of water for municipal purposes” means a public body as defined in ORS 174.109, a community or a private entity whose primary purpose is to operate a water distribution system that delivers potable water for community needs, either to individual customers or through another water distribution system.

(16) “Municipality” means a city as defined in ORS 174.100(2); includes any incorporated village or town.

(17) “Qualified Water Developer” means a “water developer” as defined in ORS 541.700 that is not a municipality, a community or a provider of water for municipal purposes.

(18) “Security Value” means the value assigned by the department to the project or other security.

(19) “Water Development Fund” means the fund created through the adoption of Article XI-I of the Constitution of Oregon by general election in November, 1977, as amended.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0015 Eligibility: Applicant and Project

(1) To be eligible, an applicant must be a qualified water developer seeking to finance a water development project in the Columbia River Basin under the loan program.

(2) To be eligible, projects shall meet the definition of a “water development project” as defined in ORS 541.600.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0020 Eligible Costs

The department shall determine the eligible costs during the pre-application conference or the loan review process. Subject to these rules, a loan may be approved to pay the “startup costs” relating to a water development project. “Startup costs” must be allowable as capital costs or reimbursable costs that may be financed with federally tax-exempt bonds under the Internal Revenue Code and may include, but are not limited to:

(1) The costs of buying or otherwise acquiring, constructing, installing, rehabilitating or reconstructing a water development project, including site costs and acquisition of water rights relevant to the project;

(2) The costs of obtaining a loan from the department under these rules;

(3) Design and engineering costs;

(4) The costs to acquire licenses and permits for a water development project;

(5) Reserves, interest costs related to construction or interim financing;

(6) Grant matching funds or other costs of funds needed for a water development project; and

(7) Costs for preparation of claim of beneficial use and costs incurred up to and including obtaining applicable water right certificates and limited licenses.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0025 Ineligible Costs

The director may not issue a loan to provide assistance for ‘on-going’ operation or maintenance costs of a water development project. A loan may not be used to pay any capital costs incurred prior to execution of the loan document without prior approval of the director.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0030 Authority of Director

(1) Loans over three million dollars that meet the statutory requirements of ORS 541.600 through 541.855 and these rules may only be approved by the commission.

(2) The director is authorized by the commission to approve loans under three million dollars that meet the statutory requirements of ORS 541.600 through 541.855 and these rules; approve, deny, amend, or set conditions of loans; establish loan interest rates; execute bond and loan documents; and sign all loan documents.

(3) The director shall:

(a) Give a periodic written report on all loan activity to the commission;

(b) Assess each project in consultation with the State Department of Fish and Wildlife, the State Parks and Recreation Department, the Department of Environmental Quality and affected tribal governments, and notify other interested parties who may be consulted, as deemed appropriate. If a project may affect agricultural use, the department shall also assess the project in consultation with the State Department of Agriculture; and

(c) Take such steps as are needed to recover loan funds and prevent their misuse, or to prevent loan funds from being diverted from the originally approved purpose.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0035 Loan Advisory Board

(1) The director may appoint a loan advisory board to review applications made under the loan program and pursuant to these rules make recommendations thereon to the director. The scope of application review shall be limited to the adequacy of security, the potential for repayment, and economic feasibility of the project. Members shall be knowledgeable and experienced in the fields of banking, finance, economics, or related field. The members appointed to the board shall be subject to the approval of the commission.

(2) After its review, the loan advisory board shall advise the director in writing and recommend the amount in which any loan should be made. The director may accept, modify or reject the recommendation of the loan advisory board.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0040 Application

(1) Applications for loans to fund water development projects in the Columbia River Basin shall be filed under these rules and pursuant to ORS 541.600 through 541.855. The terms used in the application shall have the meanings given in these rules, ORS 541.600 and 541.700.

(2) Loan applications shall be submitted in the manner and format and contain or be accompanied by any and all information as prescribed by the commission and required by the department.

(3) If an application submitted under this rule lacks any information required by the department, the department may reject the application or require the applicant to submit additional information.

(4) It is recommended that potential applicants contact the director for a pre-application conference prior to submitting an application. The director or designee may give advice on a loan before an application is submitted and may advise whether the proposed project appears to comply with these rules, whether funds are likely to be available under the loan program, and which costs may be eligible for financing through a loan. Any such advice, however, does not constitute a loan approval or any other binding commitment.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0045 Public Notice and Review Period

(1) Upon receipt of an application that the director determines is complete in accordance with these rules, the director will provide public notice of the application by posting it on the department website for 60 days beginning with the date the department determines the application is complete. The notice shall contain a summary of the application including the names of the applicant, the location, purpose of the loan, and other relevant information.

(2) The public may comment on the posted application by submitting comments as directed by the department on its website. The director need not respond to the commentator or the applicant in connection with any submitted comments. The director will determine the weight, if any, to be given to submitted comments in its evaluation of an application.

(3) The director shall begin review of a completed application no later than 60 days after receiving the completed application. The review shall comply with requirements of OAR 690-095-0050, these rules and any other requirements made by the department, and shall be done in a timely basis as determined by the director.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0050 Criteria for Granting a Loan

(1) Loans shall not be approved unless:

(a) The applicant demonstrates and the department finds that the loan will comply with the

requirements of Article XI-I(1) of the Oregon Constitution, ORS 541.600 to 541.855, and any

applicable federal and state requirement.

(b) The director determines that the applicant meets the following standards:

(A) Demonstrated revenues or other resources available to:

(i) Repay the loan in accordance with its terms, and

(ii) Provide for the continued operation and maintenance of the project.

(B) Satisfactory credit history or rating from a rating agency; or

(D) The project plan assures timely completion and includes schedules with measurable performance benchmarks.

(d) The commission finds that all conditions of ORS 541.720 are met.

(2) The director, under the authority of the commission, may issue an initial non-binding letter of intent to an applicant, indicating a present intention to approve a loan application in a specified amount but subject to:

(a) Receipt of certain additional and specified information in the letter,

(b) The director’s review and approval of such additional information, or

(c) The applicant’s receipt of any required permits or other regulatory licenses or approvals necessary to construct or operate the project.

(3) For application to fund a federal water development project, the director must determine that all required federal approval for funding and construction of the project has been obtained.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0055 Appeal Process

(1) If the director rejects an application or approves a loan amount different than that requested by the applicant, the applicant may file an appeal to the commission. The commission, upon making a finding, may reverse, modify or affirm the director's action on the application.

(2) An applicant must file a written request for an appeal of the director's action; the written request shall be received by the department on or before the thirtieth (30th) day after the date of the written notice to the applicant of the director's action on the application.

(3) An appeal of a decision of the commission as a final order of the agency as authorized under ORS Chapter 183.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0060 Loan Security

(1) The director shall require repayment of an approved loan to be secured by a first priority lien or by other good and sufficient collateral as described in ORS 541.740, as applicable to the applicant. The director, in his or her discretion, using the information in an application and any other information available, will determine the security value of the collateral provided under the loan document.

(2) An applicant may demonstrate adequate security or good and sufficient collateral if:

(a) The applicant has ad valorem taxing power that it has exercised and pledged to secure the loan;

(b) The applicant is an individual, profit-making partnership or corporation or non-profit corporation subject to ORS Chapter 65 whose principal income is from farming in Oregon, the loan shall be secured by a mortgage or security agreement in the full amount of the loan and the loan amount does not exceed 70 percent of the appraised value of the security for the loan; or

(c) The applicant is a qualified water developer that is not an individual, profit-making partnership or corporation or non-profit corporation subject to ORS Chapter 65, security may include:

(A) First lien to the State of Oregon attached to the real property of the water developer, and the user charges owed to or received by the water developer;

(B) A lien attached to all real property whether owned by the water developer or others, which is served by the water development project or which is served by a water source enhanced or restored by the water development project; or

(C) An agreement entered into by the water developer wherein assessments, user charges or other revenue is pledged for security of loan repayment and that such revenue shall be maintained at no less than 125 percent of the debt service on the loan.

(d) The commission determines, in consultation with the State Treasurer, that such other good tendered as collateral by the applicant is “sufficient” collateral to secure the loan instead of, or in addition to, a lien.

(4) Where the applicant is a water developer described in ORS 541.700(7)(a), (b), (c) or (d), the loan shall be secured by a mortgage or security agreement in the full amount of the loan. The mortgage or security agreement shall be a first lien upon such real property of the water developer as the commission shall require for adequate security. The commission, in consultation with the State Treasurer, may accept other good and sufficient collateral to secure a loan instead of, or in addition to, a lien.

(5) A partial release of lien may be granted by the director upon written request of a borrower if the remaining property provides adequate security as required by law and these rules.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0065 Interest Rates

(1) The director shall consult the State Treasurer before setting the interest rate on a loan in order to determine that the interest rate on the loan is sufficient to pay all costs associated with the bond issuance and expenses incurred in issuing the bonds.

(2) If the bonds have been sold, the director will set the interest rate paid under a loan document at a rate that is at least equal to the interest rate paid to bondholders and is sufficient to pay the State of Oregon for:

(a) The administrative expenses incurred by the department, the State Treasurer and any other agency of the state in connection with the issuance of the bonds and the loan program;

(b) Any costs related to administration of the bonds, including but not limited to the costs of any credit enhancement for the bonds and the establishment of the Water Development Administration and Bond Sinking Fund reserves; and

(c) An amount to be deposited to the Water Development Fund for the purpose of increasing the amount available for loans from that fund.

(3) If, after consultation with the State Treasurer, the director believes that a project is unlikely to produce a net profit for the borrower, the director may set the loan interest rate in a loan document at a level that reduces or eliminates that portion of the loan rate above the bond interest rate.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0070 Loan Contract

(1) The loan contract shall contain the provisions required by Section 26(3) and (4) of chapter 907, Oregon Laws 2009, any provisions the director considers necessary to ensure expenditure of the loan proceeds for the purposes set forth in the approved application and any other provisions required by law or that the director determines are necessary to ensure timely repayment of the loan.

(2) Where the applicant is a water developer described in ORS 541.700(7)(e) through (o), the water developer shall represent and warrant in the loan contract that it is fully authorized to, and does, grant the State of Oregon, the liens required under the loan program and that granting the lien will not violate or conflict with any other agreement, pledge or contract to which the water developer is a party, or with any decree, order or judgment of any competent tribunal to which the water developer is subject.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0075 Conditions to Disbursement of Loan Funds

The director shall withhold payment of funds under a loan contract until any necessary federal and state environmental impact approval processes have been completed for the project and any relevant approvals and permits from any regulatory authority pertaining to the construction or operation of the project have been obtained.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0080 Fees and Charges

(1) At the time an applicant first submits any part of an application with the department, the applicant must pay an application fee equal to the lesser of 0.10 percent of the requested loan amount or $2,500.

(2) The director may require the applicant to pay for costs that exceed the initial application fee if the director determines that the costs are incurred solely in connection with processing the application. Before in-curring the additional costs, the director will advise the applicant of the additional costs to be paid by the applicant.

(3) An applicant seeking a loan for a qualified water development project that is for fish protection or for watershed enhancement may be assessed a reduced fee as determined by the director when the applicant first submits any part of an application with the department.

(4) In addition to any other fee or charge, the commission may charge a loan processing fee, not to exceed one percent of the loan amount.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0085 Issuance of Bonds

Bonds may be issued at the request of the director and administered as provided in ORS chapter 286A and 541.780 to 541.840. Bonds may be issued prior to and after the execution of any loan contracts entered into with respect to the bonds.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0090 Loan Servicing

The provisions of OAR 690-090-0050 apply to loans and loan contracts entered into under the loan program and these rules.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0095 Collection of Delinquencies

The provisions of OAR 690-090-0055 apply to loans and loan contracts entered into under the loan program and these rules.

History

Statutory/Other Authority: ORS 536.027 & 541.646
Statutes/Other Implemented: ORS 541-600 - 541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Or. Admin. R. 690-095-0100 Property Management

The provisions of OAR 690-090-0060 apply to loans and loan contracts entered into under the loan program and these rules.

History

Statutory/Other Authority: ORS 536.027; ORS 541.646
Statutes/Other Implemented: ORS 541-600-541.646
WRD 2-2010, f. & cert. ef. 12-14-10

Division 100 PAYMENT FOR PUBLIC BENEFITS IN WATER PROJECTS

Or. Admin. R. 690-100-0005 Purpose

(1) ORS 541.830 and 542.075 authorize the Legislative Assembly to partially fund water development projects which afford public benefits, in proportion to those benefits. This legislation was enacted in 1981.

(2) These rules provide the procedure for determining eligibility, applying for payment, determining public benefits and for the Water Resources Commission’s recommendation to the Governor and the Legislative Assembly.

History

Statutory/Other Authority: ORS 541 & 542
WRD 9-1986, f. & ef. 7-22-86
WRD 5-1982, f. & ef. 6-1-82

Or. Admin. R. 690-100-0010 Definitions

(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 in conjunction with a proposed or financed project.

(2) “Director” — The director of the Water Resources Department or in his absence or inability to act, his designee.

(3) “Legislative Assembly” — Regularly scheduled Legislative Assembly or the Emergency Board acting for the full assembly during interims between legislative sessions.

(4) “Significant Public Benefit” — Synonymous with Public Benefit.

(5) “Public Benefit” — The identifiable benefit of a water development project which contributes to the general well-being or enjoyment of the citizens of the State of Oregon, including, but not limited to, the maintenance or improvement of the following:

(a) Aquatic life;

(b) Wildlife;

(d) Environmental enhancement;

(e) Riparian (streamside) enhancement;

(f) Flood control;

(g) Pollution abatement;

(h) Watershed management;

(i) Esthetic enhancement;

(j) Instream habitat improvement;

(k) Streamflow augmentation;

(l) Groundwater recharge.

(6) “Reimbursable Public Benefit” — A public benefit that is identified by purpose and cost in a water resources project and application for “Request for Public Benefit Repayment.”

(7) “Partial Repayment” — The amount recommended to the Legislature by the Water Resource Commission to partially pay for projects affording public benefits. The amount of partial repayment shall not exceed the cost of providing the public benefit in the water development project.

(8) “Financed Projects” — Water development projects that will be financed under the Water Development Loan Program.

(9) “Proposed Projects” — Water development projects that will be financed from sources other than the Water Development Loan Program. A Proposed Project may also be an existing project that will provide a public benefit due to a change in the purpose for which the project was constructed or managed.

(10) “Environment Assessment” — A report, provided by the sponsor of a water development project, which identifies and evaluates the positive and negative impacts of the project as it relates to the public benefits defined in these Administrative Rules.

(11) “Commission” — The Water Resources Commission.

History

Statutory/Other Authority: ORS 197, 536, 541 & 542
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 9-1986, f. & ef. 7-22-86
WRD 5-1982, f. & ef. 6-1-82

Or. Admin. R. 690-100-0015 Eligibility

(1) To be eligible to apply for partial repayment of a project financed under the Water Development Loan Program, an applcant shall meet the definition of a Water Developer, as stated in ORS 541.700.

(2) Any sponsor of a Proposed Project as defined in these rules is eligible for partial repayment of a water development project affording a public benefit.

History

Statutory/Other Authority: ORS 541 & 542
WRD 9-1986, f. & ef. 7-22-86
WRD 5-1982, f. & ef. 6-1-82

Or. Admin. R. 690-100-0020 Application Procedure

Information required in the application shall be in the format specified by the Water Resources Commission. The application shall include, but not be limited to, the following:

(1) A description of the project, in summary form, which identifies each project purpose and the geographical location of the project.

(2) A map which shows the project in relation to the U.S. Public Land Survey as well as political boundaries such as cities and counties.

(3) An identification of the reimbursable public benefits requested for funding, stating the benefit and the dollar amount of its value, and description of methods used to compute the value.

(4) An allocation of all of the costs of the project by purpose.

(5) A feasibility study for the construction, operation and maintenance of the project.

(6) A financing plan which details project funding sources as well as repayment capability.

(7) An environmental assessment report which identifies and evaluates both the positive and negative impacts of the project as related to public benefits.

(8) Land use information as outlined in the Department’s Land Use Planning Procedures Guide.

(9) Any other information or data required by the Commission.

History

Statutory/Other Authority: ORS 197, 536, 541 & 542
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 9-1986, f. & ef. 7-22-86
WRD 5-1982, f. & ef. 6-1-82

Or. Admin. R. 690-100-0025 Criteria and Procedure for Determining Public Benefit

(1) In determining public benefits, the Director, acting for the Commission, shall request data and information from appropriate others. The Director shall recommend to the Water Resources Commission the dollar amount of public benefit based on a comparison of the cost to provide the benefit and the value of the benefit.

(2) The amount of public benefit recommended for partial repayment to the project shall not exceed the cost of providing the benefit.

(a) Criteria for determining public benefit:

(A) The applicant shall submit to the Director a summary report of the water project which shall contain, but not be limited to, a description of the project and its operation, a breakdown of project costs by purpose, the dollar benefits of each project purpose, the source of funds for each project purpose and the dollar amount of the public benefits requested;

(B) All public benefits claimed in an application for payment shall be quantified;

(D)(i) Payment for public benefits that have already occurred in a constructed project may be requested if the application is made within five years of the date of beginning of construction of the project;

(ii) Payment for public benefits planned in a proposed project may be requested if the application is made prior to the beginning date of construction of the project;

(iii) For projects planned or constructed after the effective date of these rules, public benefits shall be identified and applied for in advance of construction or within one year of the beginning of construction or within one year of the date of issuance of a water right permit required for the project.

(E)(i) Public benefits claimed for recreation facilities shall be evaluated taking into consideration the Statewide Comprehensive Outdoor Recreation Plan of the Department of Transportation;

(ii) If the Project providing public benefit requires a Federal Energy Regulatory Commission permit, only those recreation benefits over and above those required in the federal permit or license are eligible as a reimbursable public benefit.

(F) Pollution abatement in a stream at a specific treated waste discharge location is the responsibility of the individual discharger and is not eligible to be claimed as a public benefit for payment, even though water to meet the discharge standard is provided by the water project;

(G) Water released from a project to abate pollution at a downstream location may provide a public benefit in the stream reach between the project and the downstream location. If quantifiable, the dollar amount of such releases may be requested for payment;

(H) Water provided by a project to meet minimum streamflows for aquatic life adopted by the Commission or recommended for adoption by the Director, may be considered a public benefit and the dollar value of such water, if quantifiable, may be requested for payment.

(b) Procedure for determining public benefit:

(A) The Director shall circulate the applicant’s summary report of the project which describes the project, the costs, benefits, source of funds and amount of payment requested to the following state agencies:

(i) Department of Human Resources, Health Division;

(ii) Department of Environmental Quality;

(iii) Department of Fish and Wildlife;

(iv) Department of Land Conservation and Development;

(v) Division of State Lands;

(vi) Department of Transportation, Parks and Recreation Division;

(vii) Department of Forestry;

(viii) Department of Geology and Mineral Industries;

(ix) Department of Agriculture;

(x) Department of Energy;

(xi) The planning department of each affected local government.

(B) The Director shall hold a meeting of the applicant and state natural resources and local planning departments listed in subsection (b)(A) of this section for the purpose of presenting the project and payment request to the agencies and for the applicant to respond to agency concerns and questions regarding the project;

(C) A public hearing shall be held in the vicinity of the water project for the purpose of taking public comments on the payment request;

(D) Following the public hearing, the state natural resources agencies shall develop findings, conclusions and recommendations on the payment request. The Director shall invite the planning directors of affected local governments to participate in the development of these findings, conclusions, and recommendation;

(E) The Director shall prepare a recommendation based on comments received at the public hearing and the findings, conclusions and recommendations of the state natural resources agencies and affected local governments for presentation to the Water Resources Commission;

(F) The Director shall assure that evaluation of the proposal for repayment meets requirements established in OAR 690-060-0045 (Standards for Goal Compliance and Compatibility with Acknowledged Comprehensive Plans);

(G) The Commission may accept the Director’s recommendation, modify the recommendation, or prepare a different recommendation for submission to the Governor and Legislative Assembly;

(H) The Commission shall submit its recommendation to the Governor for approval.

History

Statutory/Other Authority: ORS 197, 536, 541 & 542
WRD 12-1990, f. & cert. ef. 8-8-90
WRD 9-1986, f. & ef. 7-22-86
WRD 5-1982, f. & ef. 6-1-82

Or. Admin. R. 690-100-0030 Commission’s Recommendation

(1) The Commission, with the approval of the Governor, shall recommend to the Legislative Assembly funding of water development projects in proportion to the public benefits offered.

(2) The Commission’s recommendation shall contain:

(a) A description of the water development project, including the location and all of the purposes served by the project;

(b) An identification of the public benefits afforded by the project, the dollar amount associated with those benefits and the cost of providing the public benefits;

(d) Any conditions placed on the project and project sponsors in exchange for funding by the State of Oregon;

(e) A compliance agreement which, upon legislative approval, binds project sponsors to the terms and conditions imposed by the Legislative Assembly.

(3) The Commission shall submit its recommendation within a reasonable time period after receipt of a complete application.

History

Statutory/Other Authority: ORS 541 & 542
WRD 9-1986, f. & ef. 7-22-86
WRD 5-1982, f. & ef. 6-1-82

Or. Admin. R. 690-100-0035 Disbursement of Funds

(1) Any funds appropriated by the Legislative Assembly for partial repayment of a financed water development project shall be deposited in the Water Development Administration and Bond Sinking Fund. The Director shall, upon satisfactory completion of the project, disburse such funds to the project sponsor. The Commission shall be the final judge of satisfactory completion of the project.

(2) Any funds appropriated by the Legislative Assembly for the partial repayment of a proposed water development project shall be deposited in a separate account with the Water Resources Department. The Director shall, upon satisfactory completion of the project, disburse such funds to the project sponsor. The Commission shall be the final judge of satisfactory completion of the project.

History

Statutory/Other Authority: ORS 541 & 542
WRD 9-1986, f. & ef. 7-22-86
WRD 5-1982, f. & ef. 6-1-82

Or. Admin. R. 690-100-0040 Compliance Agreement

(1) A compliance agreement, in preliminary form, shall be submitted to the Legislative Assembly as part of the Commission’s Recommendation. The agreement shall, among other things, set forth the length of time the project is to be operated and maintained for public benefit. After approval by the Legislative Assembly, the compliance agreement shall be written in final form and executed by the project sponsor.

(2) The Director shall be responsible for administering the terms of the compliance agreement.

History

Statutory/Other Authority: ORS 541 & 542
WRD 9-1986, f. & ef. 7-22-86
WRD 5-1982, f. & ef. 6-1-82

Or. Admin. R. 690-100-0045 Public Disclosure

(1) The Commission shall make public notice of each application for partial repayment of a project which shall contain a summary of the application including the names of the applicants, the location, nature of the project, and identify the public benefit claimed.

(2) The notice shall be mailed to all persons and organizations which have filed a written request for notices with the Department and shall be posted at the Water Resources Department.

(3) Individuals or groups wishing to comment on an application shall do so to the Commission in writing within 30 days following the date of mailing the notice.

(4) The Commission shall hold a public hearing on an application if requested to do so by 10 or more persons, or any organization with 10 or more members, or any state agency if written request is filed with the Director within 30 days from date of mailing notice. Hearings shall be conducted according to procedures described in ORS Chapter 183 and division 1 of the Water Resources Department’s Administrative Rules.

History

Statutory/Other Authority: ORS 541 & 542
WRD 9-1986, f. & ef. 7-22-86
WRD 5-1982, f. & ef. 6-1-82

Division 190 EXEMPT GROUNDWATER USE RECORDING REQUIREMENTS

Or. Admin. R. 690-190-0005 Purpose and Applicability

(1) These rules describe the requirements under which the Oregon Water Resources Department will administer and enforce the provisions of ORS 537.545 relating to the recording of exempt groundwater use. Moneys from fees collected and deposited to the credit of the Water Resources Department Water Right Operating Fund shall be used for the purpose of evaluating groundwater supplies, conducting groundwater studies, carrying out groundwater monitoring, processing groundwater data and the administration and enforcement of ORS 537.545 and these rules.

(2) These rules apply to:

(a) Any water supply well constructor or permitted landowner with a landowner permit and bond that constructs a well to allow groundwater use for purposes that are exempt under ORS 537.545.

(b) Each new well that is completed or existing well that is converted to allow groundwater use for purposes that are exempt under ORS 537.545. This includes wells that are drilled to replace an existing well.

(3) These rules do not apply to:

(a) A well that is repaired, deepened, or altered.

(b) A water supply well that is permanently abandoned pursuant to OAR 690-220 within 30 days of well completion.

History

Statutory/Other Authority: ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 6-2009, f. & cert. ef. 11-23-09

Or. Admin. R. 690-190-0010 Definitions

(1) “Converting” has the same meaning as defined in ORS 537.515(3).

(2) “Department” means the Oregon Water Resources Department.

(3) “Director” means the Director of the Oregon Water Resources Department.

(4) “Recording” means the filing of a map locating any new or converted well that is completed to allow groundwater use for purposes that are exempt under ORS 537.545, and the fee, in the amount established under 537.545, for each new or converted well that is completed.

(5) “Landowner” means the owner of land at the time a well(s) subject to these rules is completed.

(6) “Well Completion” means the end of construction date reported on the water supply well report.

(7) “Well Identification Number” means the stamped well number on the stainless steel label that is attached to the well.

(8) "Water Supply Well Constructor" means any person who has a current water supply well constructor's license with a water supply well endorsement issued in accordance with ORS 537.747(3) or with a water supply well temporary authorization endorsement issued in accordance with ORS 537.747(3), ORS 670.400, and ORS 670.403.

History

Statutory/Other Authority: ORS 536.027, ORS 537.505-537.795, ORS 670.400 & ORS 670.403
Statutes/Other Implemented: ORS 537.505-537.795, ORS 670.400 & ORS 670.403
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 6-2009, f. & cert. ef. 11-23-09

Or. Admin. R. 690-190-0100 Recording Requirements

The person licensed under ORS 537.747 or permitted under ORS 537.753 (4) that constructs a well to allow groundwater use for a purpose that is exempt under ORS 537.545 (1) shall submit the following to the Department, along with the well report required by ORS 537.765, no later than 30 days after well completion:

(1) A tax lot map showing the location of the completed well on the property, that includes:

(a) A map reference number (Township, Range and Section).

(b) Location of the completed well by the latitude and longitude as established by a global positioning system or with distances (north/south and east/west) indicated from an identified property boundary, property corner or survey corner. Multiple wells may be shown on one tax lot map.

(d) The direction of north marked on the map.

(e) Well Identification Number for each completed well.

(f) Street address of the completed well if available.

(2) A map submitted under a Department-approved electronic mapping program satisfies the requirements under section (1).

(3) An exempt groundwater use recording fee in the amount established under ORS 537.545.

History

Statutory/Other Authority: ORS 536.027, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 6-2009, f. & cert. ef. 11-23-09

Or. Admin. R. 690-190-0200 Compliance and Enforcement

(1) If the Department determines that a water supply well constructor or permitted landowner has not met the requirements of these rules, the Department shall notify the water supply well constructor or permitted landowner of the specific nature of the requirements that have not been met.

(2) The Department shall, within 120 days of receipt of the map and fee, notify the water supply well constructor or permitted landowner of the recording requirements that have not been met.

(3) Failure to meet the requirements of these rules may result in formal enforcement action(s). This action(s) may include:

(a) Establishing a specified time for bringing the water supply well constructor or permitted landowner into compliance,

(b) Assessment of a civil penalty following procedures outlined in OAR 690-225 rules for water supply well constructors and OAR 690-260 rules for permitted landowners. Violations under these rules are considered Class III Minor violations for permitted landowners and Minor violations for water supply well constructors, or

History

Statutory/Other Authority: ORS 536.027, ORS 536.900, ORS 537.505-537.795 & ORS 537.992
Statutes/Other Implemented: ORS 536.900, ORS 537.505-537.795 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 6-2009, f. & cert. ef. 11-23-09

Division 200 WATER SUPPLY WELL CONSTRUCTION STANDARDS: INTRODUCTION, GENERAL STANDARDS, AND DEFINITIONS

Or. Admin. R. 690-200-0005 Basis for Regulatory Authority

(1) The right to reasonable control of the ground waters of the State of Oregon has been declared to belong to the public. Through the provisions of the Ground Water Act of 1955, ORS 537.505 to 537.795, the Water Resources Commission has been charged with the administration of the rights of appropriation and use of the ground water resources of the state and the prevention of waste and contamination of ground water. This is primarily accomplished by the licensing of well constructors and the promulgation of rules governing well construction, alteration, abandonment, conversion, maintenance, and use. Ultimately the landowner of the property where the well is constructed is responsible for the condition, use, maintenance of setbacks, and abandonment of the well.

(2) The following rules apply to all wells which are constructed for the purpose of locating or obtaining water as defined in ORS 537.515(9) with the following exceptions:

(a) The construction, maintenance, conversion, and abandonment of monitoring wells, geotechnical holes, and other holes are regulated under OAR 690-240;

(b) Holes constructed under ORS Chapters 517, 520, 522, and rules promulgated from those statutes, are the responsibility of the Oregon Department of Geologic and Mineral Industries and are not subject to these rules. These include, but are not limited to, holes constructed for the purposes of exploring for, or producing, petroleum, minerals, or geothermal resources; and

(3) When natural flow of water occurs in holes not regulated under these rules, the Water Resources Commission may regulate under separate rules or statutes to protect the ground water from contamination or waste;

(4) In addition to regulating new well construction, alteration, abandonment, conversion, and maintenance actions, the Water Resources Commission may impose conditions upon the use of any existing water supply well as may be necessary to prevent waste, undue interference with other wells or contamination. When necessary, the Commission may order discontinuance of use, repair, temporary, or permanent abandonment of any well to accomplish the same objectives.

(5) Except for the Commission’s power to adopt rules, the Commission may delegate to the Water Resources Director the exercise or discharge in the Commission’s name of any power, duty or function of whatever character, vested in or imposed by law upon the Commission. The official act of the Director acting in the Commission’s name and by the Commission’s authority shall be considered to be an official act of the Commission. The Commission delegates to the Director full authority to act in the Commission’s name where that delegation is reflected in these rules.

(6) Under the provisions of ORS 537.780, the Commission is authorized to adopt such procedural rules and regulations as deemed necessary to carry out its function in compliance with the Ground Water Act of 1955. In fulfillment of these responsibilities and to ensure the preservation of the public welfare, safety, and health, the Commission has established these rules and regulations as the minimum standards for the construction, alteration, conversion, abandonment and maintenance of water supply wells in Oregon.

(7) The rules and regulations set forth herein shall become effective upon adoption by the Commission.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.027, ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 4-2024, minor correction filed 05/23/2024, effective 05/23/2024
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 6-2018, minor correction filed 06/22/2018, effective 06/22/2018
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 3-2014, f. & cert. ef. 11-25-14
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
Renumbered from 690-060-0005 by WRD 13-1986, f. 10-7-86, ef. 11-1-86
WRD 9-1978, f. 12-12-78, ef. 1-1-79
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-200-0020 General Statement About the Standards

(1) The rules and regulations set forth herein provide the minimum standards for the construction, conversion, alteration, maintenance, and abandonment of water supply wells. After the effective date of adoption of these rules and regulations, no water supply well shall be constructed, altered, converted, or abandoned contrary to the provisions of these rules and regulations without prior approval from the Water Resources Department. Violation of these standards may result in enforcement under OAR chapter 690, division 225, including suspension or revocation of a constructor's license, imposition of civil penalties on the landowner or constructor, action on a bond, or other sanctions authorized by law.

(2) Every well shall be designed and constructed to adapt to the existing local geologic and ground water conditions at the well site and shall fully utilize every natural protection to the ground water supply. If prior to or during construction the well constructor becomes aware that specific site conditions will not allow adherence to the following minimum well standards, the constructor shall request and obtain written approval from the Director to use alternative construction methods, materials or standards. The request shall be in writing and submitted to the Director as described in OAR 690-200-0021. Special standard approval from the Director must be obtained prior to completion of the well.

(3) Certain wells constructed under these rules may be suitable for use as public, community, municipal, or public utility supplies. Regulations administered by other agencies may apply in addition to those in this chapter (see Appendix 200-1).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.027, ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-060-0008 & 690-060-0040
WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79

Or. Admin. R. 690-200-0021 Special Standards

(1) Site conditions may require specific design, construction, and abandonment procedures to adapt to the existing local geologic and ground water conditions to fully utilize every natural protection to the state’s ground water. Specific site conditions may require different design, construction, setback, or abandonment standards than required by the Water Supply Well construction rules. Alternative technologies or methods not addressed in these rules may also exist which could be effectively utilized in the construction or abandonment of a water supply well. Prior to the completion of the well, a bonded constructor must request and receive approval from the Department to use methods or materials that do not meet the water supply well construction standards. The Department may approve such requests either orally or in writing. If oral approval is granted, the written request must be submitted to the Department within three working days of the date of the oral approval. Failure to submit a written request as described above may void the prior oral approval. The proposed methods or materials shall provide at least the same level of resource protection as that which is provided by these rules.

(2) The written request for special standards shall include:

(a) Name, license number and signature of the bonded well constructor;

(b) Location of the well by county, township, range, section, tax-lot (if assigned), 1/4, 1/4 section, and Latitude and Longitude as established by a global positioning system;

(d) Address of the project/well site;

(e) Type of work;

(f) The distance to the nearest septic tank, drainfield, closed sewage line, and closed storm drainage system;

(g) The reasons(s) that conformance to the rules and regulations for water supply wells cannot be met;

(h) A diagram and written description showing the proposed water supply well design, construction, or abandonment;

(i) A site map showing the relationship of the well to any existing septic tank, drainfield, closed sewage line, and closed storm drainage system, if the request is to place a well within the minimum setbacks described in OAR 690-210-0030;

(j) The well identification number, if assigned;

(k) The start card number; and

(l) Any associated well report numbers if special standard request is for alteration or abandonment.

History

Statutory/Other Authority: ORS 536.027, ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
Renumbered from 690-210-0015 by WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94

Or. Admin. R. 690-200-0025 Special Area Standards

If at any time, the Commission finds that different or supplemental standards are required for the safe development of ground water from any aquifer or area, special area standards for the construction and maintenance of water supply wells within such areas may be adopted as rules by the Commission. In the absence of such special area standards, these rules constitute the sole administrative standards of the Water Resources Department governing construction, conversion, maintenance, alteration, and abandonment of water supply wells.

History

Statutory/Other Authority: ORS 536.027, 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-060-0045
WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79

Or. Admin. R. 690-200-0027 Restrictions on Water Supply Well Construction and Use in Critical Groundwater Areas or Areas Withdrawn by Commission Order

(1) The use of ground water is restricted in Critical Ground Water Areas or Withdrawal Areas established by Commission Order, under ORS 537.735 and 536.410. Before constructing a water supply well, the constructor shall determine whether the proposed well site is within a Critical Ground Water or Withdrawal Area. (Refer to Figure 200-1.)

(2) If the water supply well is within a Critical Ground Water or Withdrawal Area, the constructor shall contact the watermaster for the county where the water supply well is to be constructed for more information. (Refer to Table 200-2.)

(3) Construction of water supply wells in violation of a critical ground water or withdrawal order are subject to enforcement action as described in OAR 690, division 225.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.027, ORS 536.090, ORS 537.505-537.795 & ORS 536.410
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795 & ORS 536.410
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88

Or. Admin. R. 690-200-0028 Designated Special Area Standards

(1) Special Area Standards for the Construction and Alteration of Water Supply Wells in the Lakeview Area.

(a) As used in this rule and illustrated in Figure 200-3, “The Lakeview Area” includes the area located in Sections 4, 5, 8 and 9 of Township 39 South, Range 20 East of the Willamette Meridian, Lake County, Oregon. Beginning at a point on the West line of Section 4, said point bears South 1 40’ 45” East — 2245.31 feet from the Northwest Corner of Section 4; thence South 89 54’45” East — 1907.04 feet to the West right of way line of the Fremont Logging Road; thence South 39 26’ 40” East along the West right of way line of the Fremont Logging Road — 3095.16 feet; thence South 1 53’ 14” East — 617.32 feet to the South line of Section 4; thence continuing in Section 9 — South 00 13’ 8” West parallel to the North South centerline of Section 9 - 2649.14 feet to the East West centerline of Section 9; thence South 89 45’ 31” West along the East West centerline of Section 9 — 3782.55 feet more or less to the West line of Section 9; thence West along the East West centerline of Section 8 — 1320.00 feet more or less to the center East 1/16 corner of Section 8; thence North 2640.00 feet more or less to the East 1/16 corner common to Sections 5 and 8; thence North 1 41’ 33” West — 2630.48 feet more or less to the center East 1/16 corner of Section 5; thence North 1 40’ 45” West — 410.32 feet; thence South 59 54’ 45” East — 1307.02 feet more or less to the point of beginning.

(b) Any new, altered, deepened or converted well in the sedimentary units (clay, sand, silt, gravel) in the Lakeview Area shall be cased and sealed according to OAR 690, division 210 with the following additional requirements:

(A) Unperforated casing and seal shall extend from land surface to a depth of 250 feet below land surface; and

(B) Perforated casing may extend below the seal.

(c) Liner installed in any new, altered, deepened or converted well in the sedimentary units (clay, sand, silt, gravel) in the Lakeview Area shall not extend more than 10 feet above the bottom of the unperforated casing.

(d) Alternatives to the special area standards shall be approved only if it can be demonstrated that the alternative techniques proposed to be used are as effective as the techniques required in subsection (1)(b) and (1)(c) above. Such alternatives require prior written approval by the Department and follow-up testing as may be required by the Department.

(e) Except as they may conflict with subsection (1)(b) and (1)(c), all other provisions of Oregon Administrative Rules for Well Construction and Maintenance Standards apply.

(f) This rule is applicable to wells for which construction, alteration, deepening or conversion began on or after April 1, 2004.

(g) This special area standard may be revised at a future date when additional information and analysis is provided from other agencies including the Oregon Department of Environmental Quality.

(2) Special Area Standards for the Construction, Conversion and Maintenance of Water Supply Wells for the “Petes Mountain Area”, Clackamas County.

(a) As used in this rule and illustrated in Figure 200-4, “The Petes Mountain Area” includes the area located in Sections 28, 29, 32, 33 and 34 Township 2 South, Range 1 East, Willamette Meridian; and Sections 2, 3, 4, 5, 9, 10, 11, 15 and 16, Township 3 South, Range 1 East, Willamette Meridian. Beginning at the intersection of SW Ek Road and SW Stafford Road (T.2 S., R.1 E., Sec. 29); thence southerly along SW Stafford Road to SW Mountain Road; thence southerly along SW Mountain Road to SW Hoffman Road; thence easterly along SW Hoffman Road to the intersection of SW Hoffman Road, SW Petes Mountain Road and SW Riverwood Drive; thence due east to the Willamette River; thence northerly along the Willamette River to the mouth of the Tualatin River; thence northwesterly along the Tualatin River to SW Borland Road (a.k.a. Willamette Falls Drive); thence northwesterly along SW Borland Road to SW Ek Road; thence westerly along SW Ek Road to SW Stafford Road, to the point of beginning.

(b) All new, altered, deepened or converted wells constructed in the Petes Mountain Area shall be cased and sealed in accordance with OAR 690, Division 210 with the following additional requirements:

(A) All new wells shall have a nominal minimum well casing diameter of at least 6 inches.

(B) All wells shall have a minimum 3/4-inch diameter dedicated measuring tube installed at the time of pump installation, pump repair or pump replacement (See Figure 200-5 and OAR 690-215-0200).

(C) Alternatives to the special area standards shall be approved only if it can be demonstrated that the alternative techniques proposed to be used are as effective as the techniques required in subsection (2)(b) above. Such alternatives require prior written approval by the Department. In addition, follow-up testing may be required by the Department to insure the effectiveness of the alternative technique.

(D) Except as they may conflict with subsection (2)(b), all other provisions of Oregon Administrative Rules for Well Construction and Maintenance Standards apply.

(E) This rule is applicable to wells for which pump installation, repair or replacement began on or after July 1, 2008.

(F) This special area standard may be revised at a future date when additional information and analysis is provided from other agencies including the Oregon Department of Environmental Quality.

(3) Special Area Standards for the Construction, Conversion and Maintenance of Water Supply Wells for the “Eola Hills Ground Water Limited Area,” Polk and Yamhill Counties.

(a) As used in this rule and illustrated in Figure 200-7, “The Eola Hills Ground Water Limited Area” includes all or portions of Sections 4 through 9, 16 through 21, and 29 through 32, Township 6 South, Range 3 West, Willamette Meridian; Sections 3 through 10, 15 through 22, 28, 29 and 30, Township 7 South, Range 3 West, Willamette Meridian; Sections 1 through 5, 8 through 17, 20 through 29, and 32 through 36, Township 6 South, Range 4 West, Willamette Meridian; and Sections 1 through 30, Township 7 South, Range 4 West, Willamette Meridian. The boundary of the Eola Hills area is as follows: Beginning at the intersection of the south line of Township 5 South and U.S. Highway 99W, thence east along the township line to the Willamette River, thence southerly to Oregon State Highway 22, thence westerly to U.S. Highway 99W, thence northerly along Hwy 99W to the point of beginning.

(b) All new, altered, deepened or converted wells constructed in the Eola Hills Ground Water Limited Area shall be cased and sealed in accordance with OAR 690, Division 210 with the following additional requirements:

(A) All new wells shall have a nominal minimum well casing diameter of at least 6 inches.

(B) All wells, in all aquifers, shall have a minimum 3/4-inch diameter dedicated measuring tube installed at the time of pump installation, pump repair or pump replacement (See Figure 200-5 and OAR 690-215-0200).

(C) All new and deepened wells developing water from basalt in the Eola Hills Ground Water Limited Area shall be limited to one aquifer and shall be continuously cased and continuously sealed to within 100 feet of the bottom of the hole.

(c) Alternatives to the special area standards shall be approved only if it can be demonstrated that the alternative techniques proposed to be used are as effective as the techniques required in subsection (3)(b) above. Such alternatives require prior written approval by the Department. In addition, follow-up testing may be required by the Department to insure the effectiveness of the alternative technique.

(d) Except as they may conflict with subsection (3)(b), all other provisions of Oregon Administrative Rules for Well Construction and Maintenance Standards apply.

(e) This rule is applicable to wells for which pump installation, repair or replacement began on or after July 1, 2008.

(4) Special Area Standards for New, Altered, Deepened or Converted Water Supply Wells in the “Mosier Area,” Wasco County.

(a) As used in this rule and illustrated in Figure 200-8, the “Mosier Area” includes the area located in Section 36 Township 3 North, Range 11 East, Willamette Meridian; and Sections 31, 32, 33 and 34 Township 3 North, Range 12 East, Willamette Meridian; and Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35 and 36 Township 2 North, Range 11 East, Willamette Meridian; and Sections 3, 4, 5, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, 30, 31, 32 and 33 Township 2 North, Range 12 East, Willamette Meridian. Beginning at a point of intersection of the Wasco County, Hood River County, State of Oregon and State of Washington lines; thence south along the Wasco and Hood River County line to the Southwest corner of Section 34, Township 2 North, Range 11 East of the Willamette Meridian; thence east to the Southeast corner of Section 32, Township 2 North, Range 12 East of the Willamette Meridian; thence north to the East 1/4 corner of Section 32; thence east to the Southeast corner of the SW1/4 of the NW1/4 of Section 33; thence north to the Southeast corner of the NW1/4 of the NW1/4 of Section 33; thence east to the Southeast corner of the NE1/4 of the NW1/4 of Section 33; thence north to the North 1/4 corner of Section 33; thence east to the Southeast corner of the SW1/4 of the SE1/4 of Section 28; thence north to the Southeast corner of the NW1/4 of the SE1/4 of Section 28; thence east to Southeast corner of the NW1/4 of the SW1/4 of Section 27; thence north to the Southeast corner of the SW1/4 of the NW1/4 of Section 27; thence east to the Center 1/4 corner of Section 27; thence north to Southeast corner of the NE1/4 of the NW1/4 of Section 27; thence east to the Southeast corner of the NW1/4 of the NE1/4 of Section 27; thence north to the Northeast corner of the NW1/4 of the NE1/4 of Section 27; thence east to the SE corner of section 22; thence north to the East 1/4 corner of Section 22; thence east to the Center 1/4 of Section 23; thence north to the Southeast corner of the NE1/4 of the NW1/4 of Section 23; thence east to the Southeast corner of the NE1/4 of the NE1/4 of Section 23; thence north to the Northwest corner of Section 24; thence east to the North 1/4 corner of Section 24; thence north to the North 1/4 corner of Section 13; thence west to the Northeast corner of Section 15; thence north to the Oregon and Washington State line; thence west along the Oregon-Washington State line to the point of beginning.

(b) Well constructors shall provide at least 10 calendar days notice to the Department prior to the start of construction, alteration, deepening or conversion on any new or existing well in the “Mosier Area”, in one of two ways:

(A) A Start Card submitted electronically at least ten (10) calendar days prior to the start of construction, alteration, deepening or conversion; or

(B) A Start Card mailed, faxed or hand delivered and received by the Department in Salem at least ten (10) calendar days prior to the start of construction, alteration, deepening or conversion.

(c) In cases where the additional notice requirement cannot be met the well constructor shall notify the Department by fax, telephone or e-mail prior to the start of construction, alteration, deepening or conversion. Department approval is required to proceed. Approval shall be either, verbal, written or electronic.

(d) All new and deepened water supply wells developing water from the Columbia River Basalt Group in the “Mosier Area”, as described in (a) above, shall be limited to one aquifer and shall be constructed in accordance with OAR 690, division 210 with the following additional requirements:

(A) All new wells shall have a nominal minimum well casing diameter of at least 6 inches.

(B) The well constructor shall provide the following information to the Department so that a case and seal depth can be determined. The well shall not be permanently cased and sealed prior to consultation with the Department:

(i) A rough log that describes the kind and nature of the material in each formation penetrated, with at least one entry for each change of formation, the thickness of aquifers and available static water level measurements; and

(ii) Such additional information as required by the Department.

(e) Alternatives to the special area standards shall be approved only if it can be demonstrated that the alternative techniques proposed to be used are as effective as the techniques required in (d) above. Such alternatives require prior written approval by the Department. In addition, follow-up testing may be required by the Department to ensure the effectiveness of the alternative technique.

(f) All wells, in all aquifers, shall have a minimum 3/4-inch diameter dedicated measuring tube installed at the time of pump installation, pump repair or pump replacement (See Figure 200-5 and OAR 690-215-0200).

(g) Except as they may conflict with (d) above, all other provisions of Oregon Administrative Rules for Well Construction and Maintenance Standards apply.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 183, ORS 537.505-537.795, ORS 536.027, ORS 536.090, ORS 540, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 183, ORS 537.505-537.795, ORS 536.090, ORS 540, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 2-2008, f. 6-18-08, cert. ef. 7-1-08
WRD 2-2004, f. & cert. ef. 4-1-04

Or. Admin. R. 690-200-0030 Public Safety

No water supply well shall be constructed, maintained, or abandoned in such a manner as to constitute a health threat, or health hazard or a menace to public safety.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 21-1990, f. & cert. ef. 12-14-90
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86
WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79, Renumbered from 690-060-0010
WRD 3, f. & cert. ef. 2-18-77

Or. Admin. R. 690-200-0040 Wells Cannot be Used for Disposal of Contaminants

No water supply well shall be used as a disposal pit for sewage, industrial waste, or other materials that could contaminate the ground water supply.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
Renumbered from 690-062-0025 by WRD 13-1983, f. 10-7-86, ef. 11-1-86
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-200-0041 Water Used Must be Potable

All water used in the construction, alteration, repair or abandonment of water supply wells shall be potable.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
Renumbered from 690-210-0040 by WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86

Or. Admin. R. 690-200-0042 Organic Materials

Organic materials which foster or promote undesired organic growth or have the potential to degrade water quality shall not be employed in the construction of a water supply well. This includes, but is not limited to, brans, hulls, grains, starches, and proteins.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
Renumbered from 690-210-0050 by WRD 7-2001, f. & cert. ef. 11-15-01
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0076
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-200-0043 Commingling of Waters

A water supply well shall not be constructed in a manner that allows commingling or leakage of ground water by gravity flow or artesian pressure from one aquifer to another. See definition of aquifer.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
Renumbered from 690-210-0080 by WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0061
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-200-0046 Perched Ground Water

Wells drawing water from perched zones must be constructed to prevent the waste of this type of ground water. (See Figure 200-2).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 183, ORS 536.027, ORS 537.505 - 537.795, ORS 540, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 183, ORS 537.505 - 537.795, ORS 540, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
Renumbered from 690-210-0090 by WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0059
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-200-0047 Unattended Wells

All wells, when unattended during construction, shall be covered to protect public health and safety.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
Renumbered from 690-210-0110 by WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0007
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-200-0048 Well Identification Label

(1) Within 30 days of completion of well construction, conversion, or alteration, the constructor shall permanently affix a well identification label to the wellhead in an accessible and visible location in the following manner:

(a) Labels shall be at least six inches above ground surface and shall be permanently attached to the outside of the casing using a stainless steel band, stainless steel rivets, or screws; and

(b) Labels shall be attached in such a manner as to be easily readable upon inspection.

(2) Identification labels may not be attached to pumps, pump equipment, water delivery lines, or well caps.

(3) The identification label number shall be recorded on the well report at the time the report is submitted.

(4) Identification labels shall be furnished by the Department.

(5) If a well identification label is already affixed to an existing well that is being altered, converted, or abandoned, the constructor shall record the identification label number on the well report.

(6) When a well that has a well identification label on it is permanently abandoned, the well identification label shall be destroyed. The well identification label shall not be reused.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 7-2001, f. & cert. ef. 11-15-01

Or. Admin. R. 690-200-0050 Definitions

The Water Resources Commission uses the definitions of the words listed below in the administration and enforcement of Oregon's Ground Water Law and the Rules and Regulations for the Construction and Alteration of Wells. No other definitions of these same words apply:

(1) "Abandonment, Permanent" means to remove a well from service by completely filling it in such a manner that vertical movement of water within the well bore and within the annular space surrounding the well casing, is effectively and permanently prevented. If a portion of a well is to be abandoned in order to prevent commingling, waste, or loss of artesian pressure, the abandonment shall conform with the requirements of OAR chapter 690, division 220 for water supply wells. This term is synonymous with "decommission."

(2) "Abandonment, Temporary" means to remove a drilling machine from a well site after completing or altering a well provided the well is not immediately put into service, or to remove a well from service with the intent of using it in the future.

(3) "Access Port" means a minimum 1/2-inch tapped hole and plug, a 1/2-inch capped pipe welded onto the casing in the upper portion of a water supply well, or a dedicated measuring tube to permit unobstructed entry to determine the water level in the well at any time.

(4) "Air Gap" means a complete physical break between the outlet end of the discharge pipe or other conduit and the discharged substance. The break shall be at least twice the inside diameter of the pipe or conduit. (Back-siphon prevention)

(5) "Airline" means a water level measuring device consisting of a pressure gauge attached to an airtight line or pipe of known length, within the water supply well bore, extending from land surface to below the pumping level. The device will allow the water level to be computed by measuring the stable air pressure remaining in the line after completely purging water from within the line.

(6) "Air/Vacuum Relief Valve" means a device to automatically relieve or break vacuum. (Back-siphon prevention).

(7) "Altering a Well" means the deepening, hydrofracturing, re-casing, perforating, re-perforating, installation of packers or seals, and any other material change in the design or construction of a well. Material changes include but are not limited to casing installation or modification including casing extensions, installation or modification of liner pipe, reaming or under reaming of the borehole, pitless unit installation or re-sealing except for re-sealing performed during pitless adapter installation.

(8) "Annular Space" means the space between the drillhole wall and the outer well casing.

(9) "Aquifer" means a geologic formation, group of formations, or part of a formation that contains saturated and permeable material capable of transmitting water in sufficient quantity to supply wells or springs and that contains water that is similar throughout in characteristics such as potentiometric head, chemistry, and temperature (see Figure 200-2).

(10) "Artesian Aquifer" means a confined aquifer in which groundwater is under sufficient head to rise above the level at which it was first encountered, whether or not the water flows at land surface. If the water level stands above land surface, the well is a flowing artesian well (see Figure 200-2).

(11) "Artesian Water Supply Well" means a water supply well in which groundwater is under sufficient pressure to rise above the level at which it was first encountered, whether or not the water flows at land surface. If the water level stands above land surface the well is a flowing artesian water supply well.

(12) "Automatic Low-Pressure Drain" means a self-activating device designed and constructed to intercept incidental leakage and drain that portion of an irrigation pipeline or any other method of conveyance whose contents could potentially enter the water supply when operation of the irrigation system pumping plant fails or is shut down. (Back-siphon prevention).

(13) "Back-Siphon Prevention Device" means a safety device used to prevent water pollution or contamination by preventing flow of a mixture of water and/or chemicals in the opposite direction of that intended. (Back-siphon prevention)

(14) "Bored Well" means a well constructed with the use of earth augers turned either by hand or by power equipment.

(15) "Buried Slab Type Well" means a dug well in which well casing is used to case the upper hole. A slab, sealed with cement grout, is placed between the upper hole and lower drillhole, and the remainder of the annulus is filled with concrete.

(16) "Casing" means the outer tubing, pipe, or conduit, welded or thread coupled, and installed in the borehole during or after drilling to support the sides of the well and prevent caving. Casing can be used, in conjunction with proper seal placement, to shut off water, gas, or contaminated fluids from entering the hole, and to prevent waste of groundwater.

(17) "Casing Seal" means the water tight seal established in the well bore between the well casing and the drillhole wall to prevent the inflow and movement of surface water or shallow groundwater in the well annulus, or to prevent the outflow or movement of water under artesian or hydrostatic pressures. This term is synonymous with “annular seal” or “surface seal”

(18) "Check Valve" means a certified device designed and constructed to close a water supply pipeline, chemical injection line, or other conduit in a chemigation system to prevent reverse flow in that line. (Back-siphon prevention).

(19) "Chemigation" means the method of applying agricultural chemicals and fertilizer through an irrigation system.

(20) "Clay" means a fine-grained, inorganic material having plastic properties and with a predominant grain size of less than 0.002 mm.

(21) "Commission" means the Oregon Water Resources Commission.

(22) "Committee" means the Oregon Ground Water Advisory Committee created by ORS 536.090.

(23) "Community Well" means a water supply well, whether publicly or privately owned, which serves or is intended to serve more than three connections for residences or other connections for the purpose of supplying water for drinking, culinary, or household uses.

(24) "Confined Animal Feeding or Holding Area" means the concentrated confined feeding or holding of animals or poultry, including but not limited to horse, cattle, sheep, swine, and dairy confinement areas, slaughterhouse or shipping terminal holding pens where the animal waste is allowed to build up on the ground. Pastures and areas adjacent to buildings where animals and animal waste is confined by a physical barrier such as concrete are exempt.

(25) "Confining Interval "means a low permeability material such as clay or solid, unfractured, consolidated rock immediately overlying an artesian (confined) aquifer (see Figure 200-2).

(26) "Consolidated Formation" means materials that have become firm through natural rock-forming processes. It includes, but is not limited to, such materials as basalt, sandstone, shale, hard claystone, and granite.

(27) "Contamination" means an impairment of water quality by chemicals, radionuclides, biologic organisms or other extraneous matter whether or not it affects the potential or intended beneficial use of water.

(28) "Continuing Education" means that education required as a condition of licensure under ORS 537.747, to maintain the skills necessary for the protection of groundwater, the health and general welfare of the citizens of Oregon and the competent practice of the construction, alteration, abandonment, conversion, and maintenance of water supply wells, monitoring wells, and geotechnical holes.

(29) "Continuing Education Committee" means the Well Constructor Continuing Education Committee authorized under Chapter 496, Oregon Laws 2001 (ORS 537.765).

(30) "Continuing Education Course" means a formal offering of instruction or information to licensee’s that provides continuing education credits.

(31) "Continuing Education Credit" (CEC) means a minimum of 50 minutes of instruction or information approved by the Continuing Education Committee.

(32) "Converting" a well means changing the use of an existing well or hole not previously used to either withdraw or monitor water such that the well or hole can be used to either withdraw or monitor water.

(33) "Deepening a well" means extending the well bore of an existing well through previously undisturbed native material. Deepening is a type of alteration.

(34) "Department" means the Oregon Water Resources Department.

(35) "Director" means the Director of the Department or the Director's authorized representatives.

(36) "Documentation of Completion" means written evidence or documentation demonstrating attendance and completion of a continuing education course, including but not limited to: a certificate of completion, diploma, transcript, certified class roster, or other documentation as approved by the Continuing Education Committee.

(37) "Domestic Well" means a water supply well used to serve no more than three residences for the purpose of supplying water for drinking, culinary, or household uses, and which is not used as a public water supply.

(38) "Drawdown" means the difference in vertical distance between the pumping level and the static water level in a well.

(39) "Drive Point Well" means a well constructed by driving into the ground a well-point fitted to the end of a pipe section or series of pipe sections.

(40) "Dug Well" means a well in which the excavation is made by the use of digging equipment such as backhoes, clam shell buckets, or sand buckets. (See Hand dug well).

(41) "Excavation" means a free-standing cavity with greater width than depth constructed in the earth's surface which has a primary purpose other than seeking water or water quality monitoring.

(42) "Figure", when used herein, refers to an illustration and is made a part of the primary article and section by reference.

(43) "Filter Pack Well" means a well in which the area immediately surrounding the well screen or perforated pipe within the water-producing zone is filled with graded granular material.

(44) "Geologic Formation" means an igneous, sedimentary, or metamorphic material that is relatively homogeneous and is sufficiently recognized as to be distinguished from the adjacent material. The term is synonymous with "formation."

(45) "Geologist" means an individual registered by the State of Oregon to practice geology.

(46) "Geotechnical hole" means a hole constructed to collect or evaluate subsurface data or information, monitor movement of landslide features, or to stabilize or dewater landslide features. Geotechnical holes are not monitoring wells or water supply wells as defined below. Various classes and examples of geotechnical holes are listed in OAR 690-240-0035(6)-(9).

(47) "Grout" means approved cement, concrete, or bentonite sealing material used to fill an annular space of a well or to abandon a well.

(48) "Grout Pipe" means a pipe which is used to place grout at the bottom of the sealing interval of a well.

(49) "Hand dug well" means a well in which the excavation is only made by the use of picks, shovels, spades, or other similar hand operated implements. (See Dug Well).

(50) "Hazardous Materials Training" means training as defined by OAR 437-002-0100 Adoption by Reference Subdivision H Hazardous Materials 1910.120 Hazardous Waste Operations and Emergency Response.

(51) "Hazardous Waste" means a substance as defined by ORS 466.005.

(52) "Hazardous Waste Disposal Site" means a geographical site in which or upon which hazardous waste is disposed.

(53) "Hazardous Waste Storage Site" means the geographical site upon which hazardous waste is stored.

(54) "Hazardous Waste Treatment Site" means the geographical site upon which or a facility in which hazardous waste is treated.

(55) "Health Hazard" means a condition where there are sufficient concentrations of biological, chemical, or physical, including radiological, contaminants in the water that are likely to cause human illness, disorders, or disability. These include but are not limited to, naturally occurring substances, pathogenic viruses, bacteria, parasites, toxic chemicals, and radioactive isotopes. Sufficient concentrations of a contaminant include but are not limited to contaminant levels set by the Oregon Department of Environmental Quality and Oregon Health Division.

(56) "Health Threat" means a condition where there is an impending health hazard. The threat may be posed by, but not limited to: a conduit for contamination, or a well affecting migration of a contaminant plume, or the use of contaminated water. A well in which the construction is not verified by a water supply well report or geophysical techniques may be considered a conduit for contamination in certain circumstances. Those circumstances include, but are not limited to: an unused and neglected well or a well for which no surface seal was required. A well in which the casing seal, sanitary seal, or watertight cap has failed, or was inadequately installed may be considered a conduit for contamination.

(57) "Horizontal Well" means a well that intentionally deviates more than 20 degrees from true vertical at any point.

(58) "Hydrofracturing" means the use of high pressure liquid, sand, packers or other material to open or widen fractures in consolidated formations for the purpose of increasing well yield.

(59) "Hydrologic Cycle" is the general pattern of water movement by evaporation from sea to atmosphere, by precipitation onto land, and by return to sea under influence of gravity.

(60) "Inspection Port" means an orifice or other viewing device from which the low-pressure drain and check valve may be observed.

(61) "Jetted Well" means a well in which the drillhole excavation is made by the use of a high velocity jet of water.

(62) "Leakage" means movement of surface and/ or subsurface water around the well casing or seal.

(63) "Liner Pipe" means the inner tubing, pipe, or conduit installed inside the well casing or lower well bore. The liner pipe is used to protect against caving formations and is not permanently affixed to the drillhole wall or casing.

(64) "Lower Drillhole" means that part of the well bore extending below the casing seal interval in a well.

(65) "Mineralized Water" means any naturally occurring groundwater containing an amount of dissolved chemical constituents limiting the beneficial uses to which the water may be applied.

(66) "Monitoring Well" means a well designed and constructed to determine the physical (including water level), chemical, biological, or radiological properties of groundwater.

(67) "Monitoring Well Constructor" means any person who has a current monitoring well constructor’s license.

(68) "Monitoring Well Constructor's License" means a Water Well Constructor's License with a monitoring well endorsement issued in accordance with ORS 537.747(3) or with a monitoring well temporary authorization endorsement issued in accordance with ORS 537.747 (3), ORS 670.400, and ORS 670.403.

(69) "Municipal or Quasi-Municipal Well" means a water supply well owned by a municipality or nonprofit corporation that may be used as a community or public water supply.

(70) "Order" means any action satisfying the definition given in ORS Chapter 183 or any other action so designated in ORS 537.505 to 537.795.

(71) "Other Hole" means a hole other than a water supply well, a monitoring well, or geotechnical hole, however constructed, in naturally occurring or artificially emplaced earth materials, through which groundwater can become contaminated. Holes constructed under ORS Chapters 517, 520, and 522 are not subject to these rules. Other holes are regulated under OAR 690-240. Examples of other holes are listed in 690-240-0030.

(72) "Perched Groundwater" means groundwater held above the regional or main water table by a less permeable underlying earth or rock material (see Figure 200-2).

(73) "Permeability" means the ability of material to transmit fluid, usually described in units of gallons per day per square foot of cross-section area. It is related to the effectiveness with which pore spaces transmit fluids.

(74) "Person" includes individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agencies thereof, and the Federal Government and any agencies thereof.

(75) "Petcock Valve" is a valve used to contain pressure which when opened will drain the line or pipe.

(76) "Petroleum" means gasoline, crude oil, fuel oil, diesel oil, lubricating oil, oil sludge, oil refuse, and crude oil fractions and refined petroleum fractions, including gasoline, kerosene, heating oils, diesel fuels, and any other petroleum-related product or waste or fraction thereof that is liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute. "Petroleum" does not include any substance identified as a hazardous waste under 40 CFR Part 261.

(77) "Piezometer" means a type of monitoring well designed solely to obtain groundwater levels. Piezometers are prohibited in areas of known or reasonably suspected contamination. This term is synonymous with "observation well"(See OAR 690-240).

(78) "Pitless Adapter" means a commercially manufactured device designed for attachment to one or more openings through a well casing, which will permit water service pipes to pass through the wall of a well casing or extension thereof and prevent entrance of contaminants into the well or groundwater. (Note: Unhydrated bentonite shall be installed at least one and one-half inches thick around the casing in any disturbed seal interval during pitless adapter installation).

(79) "Pitless Unit" means a commercially manufactured assembly which extends the upper end of the well casing to above grade, constructed and installed so as to prevent the entrance of contaminants into the well and to protect the groundwater supply, conduct water from the well, and provide full access to the well and water system parts therein. (Note: Unhydrated bentonite shall be installed at least one and one-half inches thick around the casing in any disturbed seal interval during pitless unit installation).

(80) "Porosity" means the ratio of the volume of voids in the geologic formation being drilled to the overall volume of the material without regard to size, shape, interconnection, or arrangement of openings.

(81) "Potable Water" means water which is sufficiently free from biological, chemical, physical, or radiological impurities so that users thereof will not be exposed to or threatened with exposure to disease or harmful physiological effects.

(82) "Potentiometric Surface" means the level to which water will rise in tightly cased artesian wells (see Figure 200-2).

(83) "Pressure Grouting" means a process by which grout is confined within the drillhole or casing by the use of retaining plugs or packers and by which sufficient pressure is applied to drive the grout slurry into the annular space or zone to be grouted.

(84) "Professional" means any person licensed or registered by the State of Oregon to construct monitoring wells, water supply wells, or practice geology or civil engineering.

(85) "Public-at-Large" means a person not actively engaged in the well industry.

(86) "Public Water System" means a system for the provision to the public of piped water for human consumption, if such system has more than three service connections or supplies water to a public or commercial establishment that operates a total of at least 60 days per year, and that is used by ten or more individuals per day. Public water system also means a system for the provision to the public of water through constructed conveyances other than pipes to at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days of the year. A public water system is either a "Community Water System," a "Transient Non-Community Water System," a "Non-Transient Non-Community Water System" or a "State Regulated Water System.”

(87) "Public Well" means a water supply well, whether publicly or privately owned, other than a municipal well, where water is provided for or is available through the single user for public consumption. This includes, but is not limited to, a school, a farm labor camp, an industrial establishment, a recreational facility, a restaurant, a motel, or a group care home.

(88) "Pumping Level" means the level of the water surface in a well while it is being pumped or bailed.

(89) "Pump Test" means the procedure involving pumping water for a specified period of time to determine the yield characteristics of an aquifer.

(90) "Refusal to Renew" means a provision in an order, or as allowed by ORS 537.747, that prohibits renewal of a well constructor's license, for a specified term not to exceed one year from the expiration date of the current license.

(91) "Remediation Well" means a well used for extracting contaminates and/or contaminated groundwater from an aquifer. This term is synonymous with "extraction well" and "recovery well."

(92) "Respondent" means the person against whom an enforcement action is taken.

(93) "Responsible Party" means the person or agency that is in charge of construction or maintenance and is either in violation as specified in a notice of violation or who may benefit from that violation.

(94) "Rough Drilling Log" means a record kept on the well site of the information needed to complete the well report for the well being constructed.

(95) "Revoke" means termination of a well constructor's license.

(96) "Sand" means a material having a prevalent grain size ranging from 2 millimeters to 0.06 millimeters.

(97) "Sanitary Seal" means a tight fitting properly sized threaded, welded, or gasketed cap placed on the top of the permanent well casing to prevent entry of water and foreign material.

(98) "Sealant": See Grout.

(99) "Silt" means an unconsolidated sediment composed predominantly of particles between 0.06 mm and 0.002mm in diameter.

(100) "Slope Stability Geotechnical Hole" means a geotechnical hole excavated, drilled or bored for studying and/or monitoring movement of landslide features, including water levels, or other mass-wasting features to detect zones of movement and establish whether movement is constant, accelerating, or responding to remedial measures. Hole(s) excavated, drilled or bored for the purpose of slope remediation or stabilization shall be considered a slope stability geotechnical hole. Slope stability geotechnical holes are not monitoring wells, piezometers, or water supply wells.

(101) "Sponsor" means an institution, professional organization, individual, or business that offers continuing education courses to licensees. This term is synonymous with provider.

(102) "Static Water Level" means the stabilized level or elevation of water surface in a well not being pumped.

(103) "Sump" means a hole dug to a depth of ten feet or less with a diameter greater than ten feet in which groundwater is sought or encountered.

(104) "Suspension" means the temporary removal of the privilege to construct wells under an existing license for a period of time not to exceed one year.

(105) "System Interlock" means an interlocking mechanism used to link irrigation pumps and chemical injection units, other pumps, or supply tanks so designed that in the event of irrigation pump malfunction or failure, shutdown of the chemical injection units will occur. (Back-siphon prevention).

(106) "Unconsolidated Formation" means naturally occurring, loosely cemented, or poorly indurated materials including clay, sand, silt, and gravel.

(107) "Underground Injection" means the emplacement or discharge of fluids to the subsurface.

(108) "Underground Injection System" means a well, improved sump, sewage drain hole, subsurface fluid distribution system, or other system or groundwater point source used for the emplacement or discharge of fluids.

(109) "Upper Oversize Drillhole" means that part of the well bore extending from land surface to the bottom of the surface seal interval.

(110) "Violation" means an infraction of any statute, rule, standard, order, license, compliance schedule, or any part thereof and includes both acts and omissions.

(111) "Water Supply Well" means a well, other than a monitoring well, that is used to beneficially withdraw or beneficially inject ground or surface water. Water supply wells include, but are not limited to, community, dewatering, domestic, irrigation, industrial, municipal, and aquifer storage and recovery wells.

(112) "Water Supply Well Constructor" means any person who has a current water supply well constructor's license.

(113) "Water Supply Well Constructor's License" means a Water Well Constructor's License with a water supply well endorsement issued in accordance with ORS 537.747(3) or with a water supply well temporary authorization endorsement issued in accordance with ORS 537.747 (3), ORS 670.400, and ORS 670.403.

(114) "Water Supply Well Drilling Machine" means any power-driven driving, jetting, percussion, rotary, boring, digging, augering machine, or other equipment used in the construction or alteration of water supply wells.

(115) "Water Table" means the upper surface of an unconfined water body, the surface of which is at atmospheric pressure and fluctuates seasonally. The water table is defined by the levels at which water stands in wells that penetrate the water body (see Figure 200-2).

(116) "Water Well Constructor's License" means a license to construct, alter, deepen, abandon or convert wells issued in accordance with ORS 537.747(3). Endorsements are issued to the license and are specific to the type of well a constructor is qualified to construct, alter, deepen, abandon or convert.

(117) "Well" means any artificial opening or artificially altered natural opening, however made, by which groundwater is sought or through which groundwater flows under natural pressure, or is artificially withdrawn or injected. This definition shall not include a natural spring, or wells drilled for the purpose of exploration or production of oil or gas. Prospecting or exploration for geothermal resources as defined in ORS 522.005 or production of geothermal resources derived from a depth greater than 2,000 feet as defined in 522.055 is regulated by the Department of Geology and Mineral Industries.

(118) “Wet Soil Monitoring Hole” means a shallow geotechnical hole set vertically in the ground and constructed to a depth of three and one-half feet or less for studying and/or monitoring the upper portion of the shallowest water-bearing unit within and immediately below the surface soil horizon.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.027, ORS 536.090, ORS 537.505 - 537.795, ORS 670.400 & ORS 670.403
Statutes/Other Implemented: ORS 536.090, ORS 537.505 - 537.795, ORS 670.400 & ORS 670.403
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09
WRD 2-2008, f. 6-18-08, cert. ef. 7-1-08
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 4-2004, f. & cert. ef. 6-15-04
WRD 1-2003, f. & cert. ef. 3-14-03
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 1-1991, f. & cert. ef. 2-8-91
WRD 21-1990, f. & cert. ef. 12-14-90
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-060-0050 & 690-064-0000
WRD 12-1982, f. & cert. ef. 12-14-82
WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79
WRD 9, f. & cert. ef. 12-9-77

Division 205 WATER SUPPLY WELL CONSTRUCTION: STANDARDS AND LICENSING

Or. Admin. R. 690-205-0005 License or Permit Required to Construct Water Supply Wells

(1) Unless otherwise provided in these rules, any person who constructs, alters or abandons water supply wells for another person shall have a Water Supply Well Constructor’s license or work under the supervision of a licensed Water Supply Well Constructor.

(2) If a person advertises services and/or enters into contracts for the construction, alteration or abandonment of water supply wells for another person, that person shall furnish a Water Well Constructor's Bond or Irrevocable Letter of Credit in the amount specified under ORS 537.753 to the Water Resources Commission and must be a licensed Water Supply Well Constructor.

(3) A property owner who is not licensed under ORS 537.747 who constructs, alters, or abandons a water supply well on their own property shall have a Landowner Well Permit as described in OAR 690-205-0175 for each water supply well on which work is done.

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.026, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 2-2023, minor correction filed 03/21/2023, effective 03/21/2023
WRD 7-2017, amend filed 12/18/2017, effective 01/01/2018
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 4-2004, f. & cert. ef. 6-15-04
WRD 1-2003, f. & cert. ef. 3-14-03
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86

Or. Admin. R. 690-205-0010 Water Supply Well Constructor License Examination

(1) The Water Resources Department administers the written examination required under ORS 537.747. Separate examinations are administered for each license endorsement. The Department schedules the examination on the second Monday during the months of January, April, July and October. Examinees must pay a $20.00 exam fee. Special accommodations may be given to those individuals who cannot attend the regularly scheduled examination dates. Requests shall be considered on a case-by-case basis. The examination tests the applicant's knowledge of:

(a) Oregon laws and administrative rules on the use of ground water, water supply well constructor licensing requirements, basic information on hydrogeology, the construction of water supply wells, and the preparing and filing of Start Cards and Water Supply Well Reports;

(b) Hydrogeology, the occurrence and movement of ground water, and the design, construction and development of water supply wells; and

(c) Types, uses, and maintenance of drilling tools and equipment, drilling problems and corrective procedures, repair of faulty water supply wells, sealing of water supply wells, and safety rules and practices.

(2) An applicant who fails to pass an endorsement examination may retake an examination for the same endorsement after three months and the payment of another examination fee.

(3) Passing examination scores are valid for three years from the date of the examination.

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88

Or. Admin. R. 690-205-0020 Water Supply Well Constructor’s License, Experience Requirements, Trainee Card and Temporary Authorization

(1) License. To qualify for a Water Supply Well Constructor’s License, a person shall:

(a) Be at least 18 years old;

(b) Pass a written examination;

(c) Have a minimum of one year experience, during the previous 36-month period, in water supply well construction, conversion, alteration, or abandonment. This experience shall include the operation of well drilling machinery for water supply well construction, alteration, conversion, or abandonment on a minimum of fifteen water supply wells or a demonstration of equivalent experience in the operation of well drilling machinery. The following are acceptable as evidence of experience:

(A) Water supply well reports, or rough well logs with applicants' name entered, for each of the 15 wells. The name, address, and telephone number of the person responsible for the construction of each well shall be included on each report or log.

(B) Income tax returns showing source of drilling income for a period of time, or worker's compensation account information or the equivalent may be established to satisfy the one year of active construction requirement.

(D) A license held in another state shall not substitute for required evidence of experience.

(d) Pay a license fee.

(e) Provide evidence of welding proficiency. The following options will satisfy the evidence of welding proficiency requirement:

(A) A copy of an arc welding certificate from a nationally recognized welding organization. Acceptable organizations include, but are not limited to, American Welding Society, American Petroleum Institute, American Society of Mechanical Engineers, and the United States Military; or

(B) A copy of an official transcript or other official written documentation from a community college that demonstrates a passing grade in an arc welding training course; or

(C) Official written documentation from a university, welding school, trade school, technical institute, or nationally recognized welding organization that demonstrates that the applicant has received a passing grade in an arc welding training course or has otherwise completed professional welding training; or

(D) Written documentation from a certified welding instructor or certified welding inspector, providing proof that the applicant has successfully completed arc welding tests to demonstrate proficiency at welding steel casing joints as required in OAR 690-210-0200; or

(E) A copy of an American Welding Society D1.1 structural welding certificate for steel with a test in the 2G horizontal position.

(2) Trainee. If an applicant passes the written Water Supply Well Constructor’s License examination, but cannot meet the experience requirement, the Commission may issue a trainee card. To qualify for a Water Supply Well Constructor Trainee Card, a person must:

(a) Be at least 18 years old;

(b) Pass a written examination; and

(3) Trainee card. A trainee card is valid for three (3) years from the date the examination was passed.

(4) Supervision. Supervision as it relates to any person who holds a Water Supply Well Constructor Trainee Card:

(a) A trainee may operate a cable tool drilling machine without a licensed Water Supply Well Constructor physically present at the well site only if:

(A) The licensed constructor can reach the well site within two hours if requested by an authorized representative of the Department; and

(B) The licensed constructor has signed the rough drilling log within eight working hours prior to the representative's visit.

(b) A licensed Water Supply Well Constructor must physically be on the site at all times when a cable tool drilling machine is:

(A) Drilling within a flowing artesian well;

(B) Setting or advancing casing;

(D) Perforating casing;

(E) Setting well screens;

(F) Placing packers;

(G) Placing casing seals;

(c) A Water Supply Well Constructor trainee may operate a non-cable tool water supply well drilling machine without a licensed Water Supply Well Constructor physically present at the well site only during the following events:

(A) Air test or pump test of the well;

(B) Gravel packing operations;

(D) Removal of the drill stem from the well.

(d) Activities under subsection (4)(c)(A)–(D) of this rule shall proceed only if:

(A) The licensed Water Supply Well Constructor can reach the site within one hour if requested by an authorized representative of the Department; and

(B) The licensed Water Supply Well Constructor has signed the rough drilling log within eight working hours prior to the representative's visit.

(e) An authorized representative of the Department in whose jurisdiction the water supply well is being constructed has the authority to:

(A) Grant an extension to the time limits stated above when a request, showing good cause, is received from the bonded constructor in advance for each particular well; and

(B) Place additional restrictions on the trainee, including requiring the constructor to be on the site at all times while the drilling machine is operating, when the authorized Department representative determines that either the drilling environment or the knowledge and/or experience of the trainee warrant closer supervision.

(f) For a Water Supply Well Constructor Trainee to operate a water supply well drilling machine without a licensed Water Supply Well Constructor present, the trainee's card must be endorsed with the name of the bonded Water Supply Well Constructor responsible for the construction of the water supply well.

(5) Water Supply Well Constructor’s License Temporary Authorization Endorsement. A person that is the spouse of a member of the Armed Forces of the United States through marriage or domestic partnership, whose spouse is stationed in this state, may apply for a Water Supply Well Constructor’s License Temporary Authorization Endorsement.

(a) Application for a water supply well constructor’s license temporary authorization endorsement must include the following:

(A) Completed and signed application form including evidence the person is 18 years of age or older;

(B) Examination fee;

(C) A copy of a marriage certificate, domestic partnership registration, or other official evidence of legal union and an attestation that said union is valid and in effect;

(D) A copy of the spouse or domestic partner’s assignment to an Oregon duty station by official active duty military order;

(E) Official verification of the applicant’s current authorization to provide water supply well constructor services in another state along with the Department’s “good standing” form;

(F) A completed comparison form as provided by the Department, outlining the out-of-state licensing authority’s authorization requirements; and

(G) Official notification from the Department that applicant has passed the water supply well constructors license examination.

(b) The Department will review the application for a Water Supply Well Constructor’s License Temporary Authorization Endorsement once all materials are submitted. A Water Supply Well Constructor’s License Temporary Authorization Endorsement shall be issued if the Department determines:

(A) Applicant is eligible to apply;

(B) The Out-of-state authorization is current;

(C) The Out-of-state licensing authority’s licensing requirements are substantially similar to the Department’s requirements;

(D) The good standing form is complete;

(E) The applicant has passed the written exam; and

(F) The license fee is paid.

(A) Two (2) years after the date of issuance;

(B) The date the spouse’s term of military service ends;

(d) Temporary authorizations are not renewable. The holder of an expired temporary authorization may not continue to provide services for the construction, alteration, conversion, or abandonment of water supply wells after expiration unless the person obtains a Water Supply Well Constructor’s License under subsection one (1) of this rule.

(e) The Department shall report annually to the State Legislature about temporary authorization endorsements as required in ORS 670.403.

(6) Other supervision requirements for persons not licensed or permitted to construct water supply wells, or who do not hold a Water Supply Well Constructor Trainee Card:

(a) Persons who are in the act of constructing, altering, converting or abandoning water supply wells must be supervised by a licensed Water Supply Well Constructor who is physically present at the well site at all times during construction, alteration, conversion, or abandonment activity.

(b) The supervising Water Supply Well Constructor is responsible for all applicable statutes and rules in construction, alteration, conversion, or abandonment of the water supply well.

(7) Persons who satisfy all requirements of ORS 537.747(3) shall be issued a Water Supply Well Constructor's License. The responsibilities for issuing and securing a Water Supply Well Constructor’s License or trainee card are listed in subsections (a) and (b) of this section.

(a) The Water Supply Well Constructor’s License applicant is responsible for:

(A) Completing an application or renewal form for a new or renewed license or trainee card;

(B) Submitting the application or renewal form to the Water Resources Department along with the required fees;

(C) Carrying the license or trainee card whenever constructing, altering, converting, or abandoning any water supply well; and

(D) Providing the Water Resources Department, within 30 days, notification of any change of mailing address.

(E) Providing the Water Resources Department documentation satisfying the continuing education requirements set forth in OAR 690-205-0035 through 690-205-0120.

(b) The Water Resources Department is responsible for:

(A) Designing and providing Water Supply Well Constructor license(s) and trainee cards;

(B) Designing and providing application forms and renewal forms for licenses and application forms for trainee cards;

(D) Returning incomplete application and renewal forms to applicants for completion; and

(E) Sending new and renewed licenses to applicants who have completed the application or renewal form and submitted the required fee. This does not preclude refusal to renew as outlined in OAR 690-205-0025(4).

(8) Bonded Water Supply Well Constructor. For a person to possess a bonded Water Supply Well Constructor's License, the person must provide to the Department a properly executed Water Well Constructor's Bond or Irrevocable Letter of Credit. The Water Resources Department shall indicate on the constructor's license a bonded classification.

(9) Representatives of the Water Resources Department may ask anyone constructing, altering, or abandoning a water supply well to present their license or trainee card as proof of eligibility to construct, alter, convert, or abandon water supply wells in the State of Oregon. Licensed individuals shall display their license or trainee card and photo identification when they are requested to do so by Water Resources Department personnel.

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.900, ORS 536.027, ORS 106.340, ORS 537.992, ORS 670.400 & ORS 670.403
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900, ORS 106.340, ORS 537.992, ORS 670.400 & ORS 670.403
WRD 3-2024, amend filed 04/01/2024, effective 04/01/2024
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 1-2003, f. & cert. ef. 3-14-03
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88

Or. Admin. R. 690-205-0025 Term of Water Well Constructor License and License Fees

(1) The Department issues all Water Supply Well Constructor licenses. License fees are established by ORS 537.747. A penalty applies to late renewals.

(2) Fees for new licenses and renewal licenses are the same. The fee for a two-year license is $150. All licenses expire on June 30 of the second year.

(3) A $100 penalty applies when a licensee renews a license within 12 months of the expiration date. There is no charge for a Trainee Card.

(4) Water Supply Well Constructors who have not made arrangements with the Water Resources Department to pay civil penalties which are assessed against them shall not be issued a license renewal or a new license until after arrangements for payment have been agreed to by the Department. Water Supply Well Constructors who have made arrangements for payment of civil penalties and have failed to meet the terms of the agreement, except in certain cases of bankruptcy, may not have their license renewed or a new license issued until all outstanding civil penalties owed to the Department have been paid.

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 1-2023, minor correction filed 03/21/2023, effective 03/21/2023
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-010-0020
WRD 3-1983, f. & ef. 4-28-83
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-205-0035 Continuing Education Committee

A Continuing Education Program and Continuing Education Committee are established under Chapter 496, Oregon Laws 2001 (ORS 537.765). The duties of the Well Constructors Continuing Education Committee are to review and approve continuing education courses and assign continuing education credits.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 1-2003, f. & cert. ef. 3-14-03

Or. Admin. R. 690-205-0045 Continuing Education Requirement

(1) Each individual licensed under ORS 537.747 is required to obtain a minimum of 14 continuing education credits (CECs) during each licensing period regardless of the number of licenses or endorsements held. Continuing education credits may be obtained through clinics, schools, professional organizations, seminars, lectures or other continuing education courses that relate to the practice of well construction and are approved by the Continuing Education Committee.

(2) A minimum of two (2) CECs shall pertain to ground water and well construction statutes under ORS 537.505 to 537.795 and 537.992, and administrative rules under OAR 690-200 through 690-240 during each licensing period.

(3) A maximum of eight (8) CECs may be obtained through approved safety/first aid/CPR/Hazardous Materials courses during each licensing period. Of the eight (8) CECs, a maximum of four (4) CECs may be obtained through Hazardous Materials training courses and a maximum of four (4) CECs may be obtained through safety/first aid/CPR courses.

(4) Exhibitions shall count as one (1) CEC per approved exhibition attended and shall not exceed two (2) CECs per licensing period.

(5) Licensees may count approved CECs accumulated after January 1, 2002, for their first license renewal that requires CECs.

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 536.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 536.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 1-2003, f. & cert. ef. 3-14-03

Or. Admin. R. 690-205-0055 Documentation

(1) Each licensee is responsible for maintaining their own continuing education records. Except as provided in OAR 690-205-0110(2), each licensee shall provide the Department with evidence of compliance with the continuing education requirement on a form approved by the Continuing Education Committee prior to or at the time of license renewal.

(2) Licensees who do not provide documentation of completion of the continuing education requirement or receive a waiver shall not have their license(s), or appropriate endorsement(s), renewed until this requirement is satisfied.

(3) Licensees who provide documentation of completion of the continuing education requirement within the 12 months after their license expires may either pay the $100 late penalty fee or requalify for a new Water Supply Well Constructor’s License or endorsement in accordance with ORS 537.747(3). If a licensee fails to provide documentation of completion of the continuing education requirement within 12 months after expiration of their license or endorsement the person must comply with the requirements of ORS 537.747(3) for a new Water Supply Well Constructor’s License or endorsement.

(4) CECs acquired during a renewal period in excess of the minimum CECs required may not be applied to future licensing periods.

(5) When an individual obtains a new Water Supply Well Constructor’s License that expires within 14 months or less, the continuing education requirement shall be prorated such that only seven (7) CECs are required at the first renewal. Of the seven (7) required CECs:

(a) A maximum of two (2) CECs may be in Hazardous Materials training;

(b) A maximum of two (2) CECs may be in safety/first aid/CPR; and

(c) A minimum of one (1) CEC shall pertain to ground water and well construction statutes under ORS 537.505 to 537.795 and 537.992, and administrative rules under OAR 690-200 through 690-240.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 1-2003, f. & cert. ef. 3-14-03

Or. Admin. R. 690-205-0075 Approved Course List/Course Approval and Assignment of CECs

(1) The Department shall maintain a Continuing Education Committee-approved list of courses. The list shall include, but not be limited to, the course title, class location and date, cost, (if applicable), and CECs assigned.

(2) The Continuing Education Committee shall evaluate all courses related to continuing education for well constructors and may assign CECs. The Continuing Education Committee shall notify the course sponsor in writing of the results of their evaluation of the course material. The following criteria may be utilized to evaluate and assign CECs:

(a) Course agenda and how well the subject relates to water well construction and other borings regulated by the Department;

(b) Instructor qualifications;

(d) Student course evaluations, if applicable; and

(e) Other information as appropriate.

(3) A licensee who is also the instructor of an approved continuing education course shall be entitled to double CECs for that course. A licensee who is also the instructor of an approved course, shall receive CECs for the course once during a single renewal period, regardless of the number of times a course is presented.

(4) The following courses do not require pre-approval by the Continuing Education Committee:

(a) First Aid and CPR, provided the instructor is certified by the American Red Cross, or has certification accepted by the American Red Cross;

(b) Occupational Safety and Health Administration (OSHA) approved Hazardous Materials Training; and

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 1-2003, f. & cert. ef. 3-14-03

Or. Admin. R. 690-205-0085 Course Sponsor Requirements

(1) Course sponsors shall submit a completed application for approval to the Continuing Education Committee on a form(s) provided by the Department at least 45 days prior to the date the course is to be presented. Approved sponsors shall:

(a) Advertise the course to the satisfaction of the Continuing Education Committee;

(b) Provide the Department with a certified class roster within 30 days after completion of the course;

(c) Provide documentation of completion to each qualifying attendee that shall include at a minimum: course title, course date(s), number of approved credits, and instructor and/or sponsor signature; and

(d) Maintain the certified class roster for two years.

(2) All clinics, courses, classes, workshops, and seminars shall be open to anyone who wants to attend. This does not preclude a sponsor from imposing reasonable requirements for attendance such as fees, maximum occupancy limits, and requiring attendees to provide their own safety equipment.

(3) Course approval and assigned CECs shall be effective for two years as long as the course remains the same. The Continuing Education Committee shall be notified in writing by the course sponsor, 45 days in advance of each time an approved continuing education course is presented. Such notification shall include the course title, date, class location, cost (if applicable), number of credits assigned, and a statement that the program has not changed from the course previously approved by the Continuing Education Committee.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 1-2003, f. & cert. ef. 3-14-03

Or. Admin. R. 690-205-0095 Loss of Approval

The Continuing Education Committee may withdraw or suspend approval of a course if it is determined that any of the following has occurred:

(1) The course content has changed without notice to the Continuing Education Committee;

(2) The course was not advertised to the satisfaction of the Continuing Education Committee;

(3) Documentation of completion has been issued to an individual who did not attend or complete the course in accordance with the provisions under which the course was approved;

(4) Documentation of completion was not given to all individuals who satisfactorily completed the course in accordance with the provisions under which the course was approved;

(5) A certified class roster was not maintained by the sponsor for two years;

(6) Fraud or misrepresentation has occurred with the application for course approval, maintenance of records, teaching method, course content, or issuance of certificates for a course; or

(7) Any other factor the Continuing Education Committee deems appropriate.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 1-2003, f. & cert. ef. 3-14-03

Or. Admin. R. 690-205-0110 Courses Taken Without Prior Approval

(1) Except as provided in OAR 690-240-0210(5), a licensee may request that the Continuing Education Committee assign CECs for courses taken without prior approval within the current licensing period.

(2) The licensee shall supply verification of attendance, a course outline, and a written explanation as to why prior approval was not obtained. This information must be received in the Salem office of the Department no later than May 15 of the year that their license or appropriate endorsement expires.

(3) Courses taken without prior approval shall be evaluated by the Continuing Education Committee on a case-by-case basis using the criteria outlined in OAR 690-205-0075(2). This shall not apply to courses that do not require pre-approval under 690-205-0075(4).

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 1-2003, f. & cert. ef. 3-14-03

Or. Admin. R. 690-205-0120 Waivers

(1) The Director may waive the continuing education requirements for a licensed Water Supply Well Constructor upon written request demonstrating inability to attend continuing education courses because of health, military duty or other circumstances beyond the control of the constructor.

(2) Licensees who are denied a waiver may appeal to the Commission by filing a written exception with the Department within 60 days of service of the Director's order.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 1-2003, f. & cert. ef. 3-14-03

Or. Admin. R. 690-205-0145 Contracting for Services

Only Oregon licensed and bonded Water Supply Well Constructors may advertise services or enter into a contract, either written or oral, to construct, alter, convert, or abandon a water supply well. Any written bid for a project which includes the construction, alteration, conversion, or abandonment of a water supply well must provide:

(1) A bid or estimate for the work associated with water supply well construction signed by a Water Supply Well Constructor, who is licensed and bonded in the State of Oregon; and

(2) A statement by the licensed and bonded Water Supply Well Constructor that the work will be completed in accordance with Oregon Ground Water Law (ORS Chapter 537) and the Rules and Regulations for the Construction, Maintenance, and Abandonment of Water Supply Wells in Oregon (OAR chapter 690, divisions 200–230).

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-205-0030
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86

Or. Admin. R. 690-205-0155 Water Supply Well Constructor and Landowner Well Bonds or Letters of Credit

(1) The Water Resources Commission shall only accept bonds from corporations licensed by the Oregon Department of Insurance and Finance to issue fidelity and surety insurance. The Water Resources Department shall only accept irrevocable letters of credit from a bank as described in ORS 706.008.

(2) If the issuing corporation cancels a bond, the corporation shall provide notice of cancellation to the Water Resources Department by registered or certified mail. If the issuing bank cancels a letter of credit, the bank shall provide notice of cancellation to the Water Resources Department by registered or certified mail. The cancellation shall not take effect earlier than the 30th day after the date of mailing in accordance with ORS 742.366(2).

(3) When issuing a final enforcement order that may place a bond or irrevocable letter of credit in jeopardy, the Director may mail a copy of the order to the address of record of the surety company issuing the bond, or the bank issuing the irrevocable letter of credit.

(4) All wells shall be constructed under a bond or irrevocable letter of credit. The bond or letter of credit shall cover construction, alteration, conversion, or abandonment for each well under that bond or letter of credit for a period of three years after the date the well report is filed with the commission, whether or not the bond or letter of credit has been subsequently canceled.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-205-0040
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-010-0024
WRD 3-1983, f. & ef. 4-28-83

Or. Admin. R. 690-205-0175 Landowner Well Construction Permit, Fee and Bond

(1) The Water Resources Commission requires a permit, permit fee, and bond or irrevocable letter of credit, for each water supply well constructed, altered, converted, or abandoned by a landowner, unless the landowner is a licensed and bonded Water Supply Well Constructor. The landowner permit and bond shall be obtained prior to beginning work on a well.

(2) To receive a Landowner Well permit, a person must submit the following to the Director:

(a) A completed application form provided by the Commission, containing:

(A) The property owner's name, address and telephone number;

(B) The surety company's name, address and telephone number;

(D) The proposed use of the water supply well; and

(E) The type of proposed work; and

(F) Well design plan on form approved by the Department.

(b) A properly executed Landowner's Water Well Bond or Irrevocable Letter of Credit in the amount specified under ORS 537.753 to the State of Oregon; and

(3) Only the owner of record, a member of the immediate family of the owner of record, or a full time employee of the owner of record, (whose main duties are other than the construction of wells), may operate a well drilling machine under a landowner's permit.

(4) A landowner permit issued pursuant to these rules shall expire six months from the date of issuance. A water well report shall be submitted within 30 days of expiration of the landowner permit, or within 30 days of completion of the well, whichever occurs first. The report shall be certified as correct by signature of the landowner constructing the water supply well.

(5) If the landowner permit expires, a landowner may reapply for a new landowner permit by complying with the requirements described in sections (1), (2) and (3) of this rule.

(6) The Department may deny a landowner permit if it is determined that the construction, alteration, abandonment, or conversion of the proposed well is a health threat, a health hazard, a source of contamination, or a source of waste of the ground water resource.

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 183, ORS 536.027, ORS 536.900, ORS 537.992 & ORS 540
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 183, ORS 536.900, ORS 537.992 & ORS 540
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 7-2017, amend filed 12/18/2017, effective 01/01/2018
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 4-2004, f. & cert. ef. 6-15-04
WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-205-0050
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-010-0026
WRD 3-1983, f. & cert. ef. 4-28-83

Or. Admin. R. 690-205-0185 Water Supply Well Drilling Machines

(1) All water supply well drilling machines being operated, other than under a landowner's permit, shall be plainly marked either with the bonded Water Supply Well Constructor's license number, the name of the bonded Water Supply Well Constructor, or the name of the well drilling business. The markings shall be permanently affixed on each side of the machine. Good quality paint or commercial decal numbers shall be used in placing the identification information on the drilling machine. In no case shall the constructor's license number, name, or business name, be inscribed with crayon, chalk, marking keel, pencil, or other temporary markings.

(2) In all cases, the license number, name, or business name, of the bonded Water Supply Well Constructor shall be removed from the drilling machine immediately upon change of ownership or change of control of the drilling machine.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-205-0060
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-010-0030, 690-060-0035
WRD 3-1983, f. & cert. ef. 4-28-83
WRD 3, f. & cert. ef. 2-18-77

Or. Admin. R. 690-205-0200 Water Supply Well Construction Notice Required (Start Card)

(1) Each bonded Water Supply Well Constructor licensed to operate in the State of Oregon and each landowner holding a landowner's permit shall provide a start card as required in ORS 537.762 before commencing the construction, alteration, or abandonment of any water supply well or conversion of any monitoring well, geotechnical hole, or other hole to a water supply well. The start card shall contain the following information:

(a) Name, telephone number, electronic mail address and post-office address of the owner of the well;

(b) Street address of the well. If property does not have an address, then the street address nearest to the proposed well;

(c) The approximate location of the water supply well by county tax lot number, township, range, section and nearest quarter-quarter section;

(d) The latitude and longitude of the well as established by a global positioning system;

(e) The proposed depth and diameter of the well;

(f) The proposed purpose or use of the groundwater from the proposed well if the well is new, altered, or converted;

(g) The time frame proposed for beginning and completing the construction, alteration, abandonment or conversion;

(h) The time frame proposed for annular seal placement. If the actual date of seal placement is not the date proposed on the start card, the licensed or permitted person shall notify the department of the change at least four (4) hours before placing the seal. Notification shall be submitted:

(A) Electronically by department approved methods; or

(B) By mail, or hand, delivery to the region office where the well to be drilled, altered, converted, or abandoned is located. If this method is used, then the notification must be on a department approved notification form and received by the region office at least four (4) hours prior to placing the seal; or

(C) By electronic mail. If notification is sent by electronic mail, then the electronic mail shall include a completed copy of a department approved notification form. If department approved notification form is not attached to the electronic mail, then original notification form must be submitted to the Department within three (3) working days of the date of electronic mail notification.

(i) The well identification label number, if assigned;

(j) The water right application, permit or certificate number, if applicable;

(k) The original well log number, if applicable;

(l) The type of work proposed;

(m) Notification of any need for special standards;

(n) The signature and license number, if applicable, of the bonded and licensed or permitted person who would undertake the work;

(o) For an existing well, the current purpose or use of the well and the existing depth and diameter of the well.

(2) In addition to the information required pursuant to OAR 690-205-0200(1)(a)–(o), a start card may also contain information regarding the type of proposed alteration.

(3) Forms for making these reports and submitting fees shall be furnished by the Department.

(4) Landowners who construct, alter, convert, or abandon a water supply well shall also comply with OAR 690-205-0175.

(5) On the day that work on the well commences, the licensed or permitted person shall, before commencing work, notify the department that the work is about to commence. Notification shall be submitted:

(a) Electronically by department approved methods; or

(b) By mail, or hand delivery, to the region office where the well to be drilled, altered, converted, or abandoned is located. If this method is used, then the notification must be on a department approved notification form and received by the region office prior to beginning construction, alteration, conversion, or abandonment work; or

(c) By electronic mail. If notification is sent by electronic mail, then the electronic mail shall include a completed copy of a department approved notification form. If department approved notification form is not attached to the electronic mail, then original notification form must be submitted to the Department within three (3) working days of the date of electronic mail notification.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 4-2004, f. & cert. ef. 6-15-04
WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-205-0070
WRD 2-2002, f. & cert. ef. 9-6-02
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 10-1989, f. & cert. ef. 11-20-89
WRD 7-1989(Temp), f. & cert. ef. 9-29-89
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-010-0035
WRD 3-1983, f. & ef. 4-28-83
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-205-0205 Start Card Reporting Requirements

(1) The start card notification required in ORS 537.762 shall be submitted to the Department’s region office (Figure 205-1) within which the water supply well is being constructed, altered converted or abandoned using one of the following methods:

(a) Start cards submitted electronically shall be transmitted by a Department-approved method and shall be submitted not earlier than 60 days and not later than three (3) calendar days (72 hours) before beginning construction, alteration, conversion or abandonment work on any water supply well.

(b) By regular mail so that it is received by the Department not earlier than 60 days and not later than three (3) calendar days (72 hours) prior to commencement of work; or

(c) By hand delivery, during regular office hours, not earlier than 60 days and not later than three (3) calendar days (72 hours) before beginning the construction, alteration, conversion or abandonment work on any water supply well; or

(d) By facsimile transmission (FAX) (Table 205-1) not earlier than 60 days and not later than three (3) calendar days (72 hours) before beginning the construction, alteration, conversion or abandonment work on any water supply well. If this method is used, a legible copy of the start card shall also be mailed, or delivered to the appropriate OWRD region office not earlier than 60 days and not later than three (3) calendar days (72 hours) before the day work begins.

(e) Start cards may not be submitted earlier than 60 days or later than three (3) calendar days (72 hours) before beginning construction, alteration, conversion or abandonment work on any water supply well except as specified in Section (3) of this rule.

(2) The fee required under ORS 537.762(5) for the construction of a new well, deepening of an existing well, conversion of a monitoring well, geotechnical hole, or other hole shall be submitted to the Department’s Salem office with a duplicate copy of the start card. A duplicate start card is not required if the start card fee is included with a start card submitted electronically under Section (1)(a) of this rule.

(3) The requirement in subsection (1) of this section that a licensed or permitted person must submit a start card not less than three calendar days (72 hours) before beginning work on a well does not apply:

(a) To a second or additional water well drilled on the same or a contiguous tax lot for the same landowner and for which a valid unexpired start card has been submitted pursuant to this section, if a start card for the second or additional water well is filed not later than the day the work on the water well begins.

(b) During water emergencies or casing height adjustments, if a start card is submitted before work begins.

(4) The Director or region office may provide alternate means of a start card notification. If an alternative means of notification is used, the start card shall be received by the Department’s Salem office within one week of beginning work on the water supply well. A Water Supply Well Constructor whose license has been restricted by order shall provide notice as stipulated in the order.

(5) Once received by the Department, the start card shall be confidential for a period of one year after it is received or until the water supply well report required by OAR 690-205-0210 is received, whichever is shorter.

(6) The start card may be used in an administrative enforcement action at any time, including the period of confidentiality. Once the start card is used for enforcement reasons, it is no longer confidential.

(7) A separate start card and fee, if necessary, is required for each well that is constructed, altered, abandoned, or converted. This requirement includes unsuccessful wells and wells exempt from appropriation permit requirements under ORS 537.545.

(8) Effective July 1, 2024, start cards shall be submitted to the department by electronic means unless prior written approval is received to submit paper start cards.

(9) A start card expires if construction, alteration, abandonment or conversion of a well does not begin on or before 60 days after submission of the start card. If a start card expires, a new start card and fee must be submitted in compliance with ORS 537.762 and these rules before construction, alteration, abandonment or conversion of the well may occur. If a start card is withdrawn before expiring, the licensed or permitted person that submitted the start card may request that the fee paid for the withdrawn start card be transferred to a new start card.

(10) For good cause shown, start cards may be extended in exigent circumstances one time for up to 30 calendar days with prior department approval. Requests for extension shall be submitted:

(a) In writing on a department approved form prior to expiration of the start card. The form shall include:

(A) The start card number;

(B) A description of the circumstances that warrant extension of the start card;

(D) Driller name and license number;

(E) Owner name and contact information.

(b) Electronically by department approved methods.

(c) For the purposes of this rule, “good cause” means the exigent circumstances are due to circumstances beyond the reasonable control of the requester.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 536.027, ORS 536.900, ORS 537.505-537.795 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 536.900, ORS 537.505-537.795 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09

Or. Admin. R. 690-205-0210 Well Report Required (Water Supply Well Log)

(1) A water well report (water well log) shall be prepared for each water supply well constructed, altered, converted, or abandoned. This requirement includes unsuccessful wells and wells exempt from appropriation permit requirements under ORS 537.545. The log shall be certified as correct by signature of the Water Supply Well Constructor constructing the water supply well. The completed log shall also be certified by the bonded Water Supply Well Constructor responsible for construction of the well. A water well report must be submitted by each bonded constructor (if drilling responsibility is shifted to a different bonded constructor), showing the work performed by each bonded constructor.

(2) Well reports may be submitted electronically by a Department-approved method. Well reports submitted on paper shall be prepared in triplicate on forms furnished or previously approved in writing by the Water Resources Department. The original shall be furnished to the Director, the first copy shall be retained by the Water Supply Well Constructor, and the second copy shall be given to the customer who contracted for the construction of the water supply well.

(3) The bonded Water Supply Well Constructor shall file the certified water well report with the Water Resources Department within 30 days after the completion of the construction, alteration, conversion or abandonment of the water supply well.

(4) The trainee or Water Supply Well Constructor operating the water supply well drilling machine shall maintain a rough log of all geologic strata encountered and all materials used in the construction of the water supply well. This log shall be available for inspection by the well inspector, or other authorized agent of the Water Resources Department at any time before the water well report is received by the Department. The rough drilling log shall be in handwritten or electronic form, or a voice recording.

(5) In the event a constructor leaves any drilling equipment or other tools in a water supply well, this fact shall be entered on the water well report.

(6) A copy of any special authorizations or special standards issued by the Director shall be attached to the water supply well report.

(7) The report of water well construction required in section (1) of this rule shall be submitted electronically by a Department-approved method or recorded on a form provided or previously approved in writing by the Department. The form shall include, as a minimum, the following:

(a) Name and post-office address of the well owner;

(b) Name and license number, if applicable, of the licensed or permitted person performing the work;

(d) Name of any person that assisted with the work;

(e) Started/Completed date;

(f) Location of the well by county, Township, Range, Section, tax lot number, if assigned, street address, or nearest address, the nearest 1/4, 1/4 section, and Latitude and Longitude as established by a global positioning system (GPS);

(g) Start card number;

(h) Well identification label number (well tag number);

(i) Type of well;

(j) Use of well;

(k) Type of work;

(l) Depth drilled and completed depth;

(m) Diameter of boreholes;

(n) Type, size, and amount of casing and where placed in the well;

(o) Type and amount of seal material used and where placed;

(p) Number and location of perforations or screens;

(q) Temperature of the groundwater encountered;

(r) Thickness of aquifers;

(s) Total dissolved solids (TDS); and

(t) Such additional information as required by the Department.

(8) Effective July 1, 2024, well reports shall be submitted to the department by electronic means unless prior written approval is received to submit paper well reports.

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 537.992 & ORS 536.900
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 537.992 & ORS 536.900
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 4-2004, f. & cert. ef. 6-15-04
WRD 1-2003, f. & cert. ef. 3-14-03, Renumbered from 690-205-0080
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-010-0040
WRD 3-1983, f. & ef. 4-28-83
WRD 3, f. & ef. 2-18-77

Division 210 WELL CONSTRUCTION STANDARDS

Or. Admin. R. 690-210-0005 Standards Apply to all Methods of Well Construction

(1) The following well construction standards apply to all methods of water supply well construction. The methods include, but are not limited to, drilling, driving, jetting, boring, and digging.

(2) Horizontal and Remediation wells shall be constructed under special standard approval only as described in OAR 690-200-0021.

(3) Additional standards will apply to some methods as specified in the following regulations.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0216
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0030 Placement of Water Supply Wells

(1) No person shall construct a water supply well:

(a) Within 50 feet of any septic tank; or

(b) Within 100 feet of a septic drainline or sewage disposal structure or facility; or

(d) Within 50 feet of a confined animal feeding or holding area; or

(e) Within 50 feet of any animal waste holding area such as a pond or lagoon; or

(f) Within 100 feet of any sewage sludge disposal area; or

(g) Within 5 feet from a permanent structure or the roof, eaves or overhangs of a permanent structure. This includes decks or other additions to the structure that may hinder the ability of a drilling machine to get over the well. This does not include pump houses or other outbuildings that are easily moved; or

(h) Within 500 feet of a hazardous waste storage, disposal or treatment facility without written permission of the Director; or

(i) Within 25 feet of an underground or aboveground petroleum storage tank that is used for residential purposes; or

(j) Within 50 feet of an underground or aboveground petroleum storage tank that is used for commercial purposes.

(2) A new water supply well may be constructed at the site of an abandoned septic tank or drain field one year after the septic tank or drain field is taken out of use. The abandoned septic tank shall be pumped by a DEQ licensed sewage disposal business to remove all contents. Following pumping, the tank shall be filled with reject sand, bar run gravel or other material approved by the on site sub-surface sewage permitting agent. The delivery line between the building and the tank shall be permanently capped or filled with cement grout. A water supply well shall not be constructed through an abandoned septic tank or septic drain line. The new water supply well shall be located to meet other setbacks as directed in section (1) of this rule.

(3) Rain water gutter downspouts and drains are exempt from the setback requirements.

(4) The constructor should consider whether greater setback distances are required for the protection of the groundwater depending on the topography and local geology.

(5) To enable drilling equipment future access to the water supply well for alteration, repair, or abandonment, the property owner should maintain a minimum twenty-foot separation distance between the well and any power pole.

(6) Additional Oregon Health Authority setback standards apply to wells used for public water systems. See OAR 333-061-0050(2) or contact the Oregon Health Authority for more information.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-060-0015
WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79
WRD 3. f. & cert. ef. 2-18-77

Or. Admin. R. 690-210-0060 Explosives

(1) If explosives are used in the construction of a water supply well, their use must be reported on the well report. The type and amount of explosive(s) used shall be reported.

(2) In no case shall explosives other than commercially developed gun perforators be detonated inside the well casing or liner pipe without written permission from the Director. The request shall include the type of explosive to be used, how it will be placed, and where it is to be placed. In no case shall an explosive charge be dropped down a well or used to sever installed well casing or liner pipe

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0066
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0065 Hydrofracturing

(1) If the water supply well is hydrofractured, the constructor shall so note on the well report. Information reported shall include methods and materials used, maximum pressure exerted on the formation, location of packers, initial and final static water level figures, as well as initial and final yield figures.

(2) In no case shall hydrofracturing allow commingling of waters within the well bore.

(3) The well shall not be hydrofractured within 20 feet of the bottom of the existing well casing.

(4) Clean sand or other materials (propping agents) approved by the Department may be injected into the well to hold the fractures open when the pressure is removed.

(5) All tools and propping agents shall be disinfected prior to placement into the well.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94

Or. Admin. R. 690-210-0070 Injection Wells

No water supply well subject to these rules shall be used for the injection of surface or ground waters, or chemically or thermally altered waters, unless the injection installation, well design, and receiving formations are approved by the Water Resources Department. For additional regulations on the use of wells for injection purposes, contact the Oregon Department of Environmental Quality.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-060-0030
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0100 Mineralized or Contaminated Groundwater

All formations which yield contaminated or mineralized water shall be adequately cased and sealed off to prevent contamination of the overlying or underlying water-bearing zones.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0056
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0130 Sealing of Wells in Unconsolidated Formations Without Significant Clay Beds

Water supply wells drilled into unconsolidated water-bearing strata overlain by unconsolidated materials, such as sand, silt, or gravel, without significant clay beds, shall have a watertight, unperforated well casing extending to a minimum of eighteen feet below land surface. An upper oversize drillhole, four inches greater in diameter than the nominal diameter of the casing, shall be constructed to a minimum depth of 18 feet. To prevent caving, a temporary surface casing, at least 18 feet in length, shall be used throughout the construction of the annular seal space. The annular space between the permanent well casing and the upper, oversize drillhole shall be completely full of grout in accordance with OAR 690-210-0310 thru 690-210-0360 after the permanent well casing is set into final position. The temporary surface casing shall be removed from the well as the annular space is filled. (See Figure 210-2).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505 - 537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505 - 537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0126
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0140 Sealing of Water Supply Wells in Unconsolidated Formations with Significant Clay Beds

Water supply wells drilled into water-bearing intervals overlain by unconsolidated deposits of clay, or sand and gravel in which significant interbeds of clay are present, shall have a watertight, nonperforated, permanent well casing extending at least five feet into the clay interval overlying the water-bearing zone. In all cases, an upper oversize drillhole, at least four inches greater in diameter than the nominal diameter of the permanent well casing shall be constructed to this same depth. In the event that the subsurface materials penetrated by the upper drillhole cave, or tend to cave, an outer, temporary surface casing shall be used to case out caving materials throughout the construction of the oversize drillhole. If the clay interval is 13 feet or less below land surface, the watertight, nonperforated well casing and the upper, oversize drillhole shall extend to a minimum depth of 18 feet below land surface. If necessary to complete the well, the single, permanent well casing may be extended below the required sealing depth prior to sealing the well with grout. If preferred, a smaller diameter casing, liner, or well screen may be installed. The annular space between the permanent well casing and the upper, oversize drillhole shall be completely filled with grout in accordance with OAR 690-210-0310 through 690-210-0360 after the permanent well casing is set into final position. The temporary surface casing shall be removed from the well as the annular space is filled. (See Figure 210-3).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 9-1978, f. 12-12-78, ef. 1-1-79, Renumbered from 690-061-0131

Or. Admin. R. 690-210-0150 Sealing of Water Supply Wells in Consolidated Formations

(1) Water supply wells drilled into a water-bearing rock formation overlain by clay, silt, sand, gravel, cobbles, or similar materials, shall be constructed in accordance with one of the following methods:

(a) Method 1 (Continuous Seal):

(A) An upper oversize drillhole, at least four inches greater in diameter than the nominal diameter of the permanent well casing to be installed, shall extend from land surface to at least five feet into solid, unfractured, consolidated rock overlying the water-bearing rock formation below a depth of 13 feet. Unperforated permanent well casing shall extend to this same depth.

(B) The annular space between the permanent well casing and the drillhole wall within the consolidated rock formation shall be filled with grout using an approved grout placement method.

(C) The upper annular space between the permanent well casing and the drillhole wall shall be filled with grout using an approved grout placement method from land surface to at least five feet into a clay interval below a depth of 13 feet.

(D) The annular space between the upper and lower sealing intervals shall be filled with grout using an approved grout placement method.

(E) A smaller diameter liner pipe or well screen may be installed to complete the well.

(F) If cement grout is placed by a suitable method from the bottom of the permanent well casing to land surface (Methods A, B, D, Appendix 210-3), the upper drillhole shall be at least two inches larger than the nominal diameter of the permanent well casing. (See Figure 210-4);

(b) Method 2 (Step-Down Casing/Inner Casing):

(A) An upper oversize drillhole, at least four inches greater in diameter than the upper permanent well casing to be installed, shall extend from land surface to at least five feet into a clay interval below a depth of 13 feet. If no clay interval is present, then the upper oversize drillhole shall extend to a minimum depth of 18 feet below land surface. In the event that the subsurface materials penetrated by the upper oversize drillhole cave, or tend to cave, an outer temporary surface casing at least 18 feet in length shall be used throughout the construction of the upper oversize drillhole to prevent caving.

(B) The upper permanent well casing shall be unperforated and shall extend to, and be driven into, solid, unfractured, consolidated rock overlying the water- bearing rock formation.

(C) A lower drillhole, at least as large as the inside diameter of the upper permanent well casing, shall be constructed at least five feet into solid unfractured consolidated rock overlying the water-bearing rock formation.

(D) A smaller diameter steel well casing, at least two inches smaller in diameter than the diameter of the upper permanent well casing, shall extend at least five feet into solid unfractured consolidated rock overlying the water-bearing rock formation and at least eight feet into the upper permanent well casing.

(E) The annular space between the upper oversize drillhole and the upper permanent well casing shall be completely filled with grout using an approved grout placement method after the upper permanent well casing is set into final position. The annular space between the smaller diameter lower permanent well casing and the lower drillhole shall be completely filled with cement grout using an approved grout placement method after the lower permanent well casing is set into final position. The lower annular seal shall extend at least eight feet into the upper permanent well casing (See Figure 210-5);

(A) An upper oversize drillhole, at least four inches greater in diameter than the permanent well casing to be installed, shall extend from land surface to at least five feet into a clay interval below a depth of 13 feet. If no clay interval is present, then the upper oversize drillhole shall extend to a minimum depth of 18 feet below land surface. In the event that the subsurface materials penetrated by the upper oversize drillhole cave, or tend to cave, an outer temporary surface casing at least 18 feet in length shall be used throughout the construction of the upper oversize drillhole to prevent caving.

(B) A lower drillhole, at least two inches greater in diameter than the diameter of the permanent well casing to be installed, shall be constructed at least fifteen feet into solid, unfractured, consolidated rock overlying the water-bearing rock formation by under-reaming methods.

(C) Unperforated, permanent well casing shall extend to and be driven into solid, unfractured, consolidated rock overlying the water-bearing rock formation at the bottom of the under-reamed section following placement of the casing seal material.

(D) The annular space between the upper oversize drillhole and the permanent well casing shall be filled with cement grout using Method C or unhydrated bentonite. The annular space between the lower under- reamed drillhole and the permanent well casing shall be completely filled with cement grout applied under pressure in accordance with grout placement Method A, B, or D, in Appendix 210-3. See Figure 210-6.

(E) Casing seals may not be placed in unconsolidated formation materials using the under-reaming method.

(2) In all cases, (Methods 1, 2, or 3, above), if materials penetrated by the upper oversize drillhole cave, or tend to cave, an outer temporary surface casing shall be used to case out all caving material throughout construction of the oversize drillhole. The temporary surface casing shall be withdrawn as the annular space is filled with grout.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 4-2018, minor correction filed 06/22/2018, effective 06/22/2018
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 7-2001, f. & cert. ef 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0136
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0155 Additional Standards for Artesian Water Supply Wells

(1) Water supply wells penetrating into an artesian aquifer shall have an upper oversize drillhole at least four inches greater in diameter than the nominal diameter of the permanent well casing to be installed. Watertight unperforated casing shall extend and be sealed at least five feet into the confining interval immediately overlying the artesian water-bearing zone. In all cases, a minimum of 18 feet of casing and casing seal will be required. If cement grout is placed by a suitable method from the bottom of the casing (Methods A, B, or D, in Appendix 210-3 and Figure 210-1), the diameter of the upper oversize drillhole shall be at least two inches larger than the nominal diameter of the permanent well casing.

(2) To complete the well, inner casing, liner, or a well screen may be installed. When artesian pressures are encountered in the absence of a confining interval, casing and casing seal requirements shall be determined by the Director upon written application. In the alternative, the person constructing the well may construct the well in conformance with the minimum standards for artesian wells with a confining interval, set forth in section (1) of this rule.

(3) If an artesian water supply well flows at land surface, the well shall be equipped with a control valve and a watertight mechanical cap, threaded or welded, so that all flow of water from the well can be completely stopped.

(4) All flowing artesian wells shall be equipped with a pressure gauge placed on a dead- end line. A petcock valve shall be placed between the gauge and well casing. (See Figure 210-7).

(5) All flowing artesian water supply wells shall be tested for artesian shut-in pressure in pounds per square inch and rate of flow in cubic feet per second, or gallons per minute, under free discharge conditions. This data shall be reported on the well report.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 11-2023, minor correction filed 07/28/2023, effective 07/28/2023
WRD 10-2023, minor correction filed 07/19/2023, effective 07/19/2023
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 7-2001, f. & cert. ef. 11-15-01, Renumbered from 690-210-0120
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-061-0156, 690-061-0161, 690-061-0166, 690-061-0171 & 690-061-0176
WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79

Or. Admin. R. 690-210-0160 Additional Standards for Filter Pack Wells with Surface Casing

If a permanent surface casing is installed in the construction of a filter pack well, a watertight, welded, steel plate at least 3/16 of an inch in thickness shall be installed between the inner production casing and the outer surface casing at the well head. A watertight fill port with threaded cap may be installed for the purpose of placing additional filter pack material in the well. (See Figure 210-8.)

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0141
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0170 Additional Standards for Filter Pack Wells without Surface Casing

If a permanent surface casing is not installed in the construction of a filter pack well, and filler tubes are to be used, an oversize well bore having a nominal diameter of at least eight inches greater than the nominal diameter of the permanent well casing shall be constructed. If filler tubes are not to be used, an oversize well bore having a nominal diameter of at least four inches greater than the nominal diameter of the permanent well casing shall be constructed. A suitable plug shall be installed in the annular space between the filter pack material and the grout seal. A watertight fill pipe with threaded cap may be installed for the purpose of placing additional filter pack material in the well. The outside diameter of the fill pipe shall not exceed one-half the thickness of the grout seal surrounding the permanent well casing and shall be centered in the annular space. (See Figure 210-9.)

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0146
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0180 Additional Standards for Driven or Jetted Wells

All drive point wells or jetted wells shall have nonperforated, watertight casing meeting the minimum specifications shown in Table 210-1 and extending a minimum distance of 18 feet below land surface. Drive casing greater than 3-1/2 inches shall comply with the minimum specifications in OAR 690-210-0190. An upper drillhole at least four inches greater in nominal diameter than the permanent casing shall extend at least 18 feet below land surface. The annular space shall be filled with grout. If temporary casing is used during construction, it must be removed during placement of the grout. (See Figure 210-10.)

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-061-0186 & 690-061-0191
WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79

Or. Admin. R. 690-210-0190 Steel Casing

(1) All steel casing installed shall be in new or like new condition, being free of pits or breaks, and shall meet or exceed the minimum American Society for Testing Materials (ASTM A-53A or B) specifications for steel pipe, for the sizes as set out in Table 210-2.

(2) All steel casing having a diameter larger than 20 inches shall have a wall thickness of at least 0.375 inch.

(3) Steel casing installed in a well greater than a nominal diameter of ten inches, having a wall thickness of 0.250 inch and meeting or exceeding ASTM A-53 A or B specifications must not exceed the following depth limitations (Diameter — Maximum Depth, respectively):

(a) 12 inches — 500 feet;

(b) 14 — 16 inches — 250 feet;

(4) Steel casings of other ASTM specifications shall not be used without written permission of the Director. A written request to use casing of other specifications shall be submitted to the Director. This request shall include a description of the casing specifications and the reason for its use.

(5) See Table 210-3 for capacity of drillhole or casing.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 7-2001, f. & cert. ef. 11-15-11
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-061-0006
WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79

Or. Admin. R. 690-210-0200 Steel Casing Joints

All steel casing joints shall be welded or thread coupled and shall be water tight. If welded casing joints are used, the weld shall be a full penetrating weld at least equal in thickness to the wall thickness of the casing. Welded casing joints shall have a tensile strength equal to or greater than that of the casing.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0016
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0210 Plastic Casing

(1) Plastic casing shall not be driven and may only be installed in an oversized drillhole.

(2) Plastic casing may only be installed after drilling has been completed. No drilling is allowed inside plastic casing.

(3) Such casing shall be of polymerized vinyl chloride (PVC), type 1120 or 1220, SDR 21 (Class 200) or SDR 26 (Class 160) or greater wall thickness, meeting the standards of the "National Sanitation Foundation" and the specifications of ASTM F-480 or ASTMD-2241-73 and D-1784-69. The well casing must be clearly marked by the manufacturer showing: nominal size, type plastic material, Standard Dimension Ratio (SDR), ASTM designation, and National Sanitation Foundation seal of certified approval. The maximum depth to which this plastic casing may safely resist collapsing forces is a function of the "Standard Dimension Ratio" (SDR), i.e., the ratio of the outside diameter to the casing wall thickness. The maximum depths have been computed for readily available SDR and are cited as:

(a) SDR = 21 — Maximum Depth = 150 feet;

(b) SDR = 26 — Maximum Depth = 100 feet.

(4) If PVC casing is to be used, it shall be protected from physical and ultraviolet light damage using one of the following methods:

(a) By use of an upper protective steel casing meeting the requirements of OAR 690-210-0190. The protective steel casing shall be a minimum of 2" larger in diameter than the PVC casing and shall overlap the PVC casing. The protective steel casing shall extend at least six inches above the top of the plastic well casing and shall be sealed at least four feet into the ground within the annular seal and shall be fitted with a lid; or

(b) By use of a wellhead bunker. The bunker shall be made of concrete, hard plastic, fiberglass, wood or other structurally sound material that will protect the casing from both physical damage and ultraviolet light damage. The bunker shall completely surround the well and be fitted with a lid. The bunker shall be constructed so that access to the wellhead is maintained; or

(5) Pitless adaptors or units are not recommended in conjunction with PVC casing. If a pitless adaptor or unit is to be used, the constructor should take care that the weight of the pump and pump column do not exceed the strength of the casing.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0031
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0220 Plastic Casing Joints

All plastic casing joints shall be watertight. Either "bell" type, threaded, or coupling hubs are approved. Hub couplings shall be of material meeting the specifications for plastic casings as set forth in OAR 690-210-0210. Joints shall be made by solvent cement in accordance with manufacturer's directions. Newly assembled joints require careful handling until the initial set has taken place, which varies with the temperature and the pipe size. The recommended initial set times are from manufacturer's recommendations (See Table 210-4).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0036
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0230 Inner Casing

Inner casing installed into a well must meet the minimum requirements of well casing (OAR 690-210-0190). The space between the two well casings shall be sealed so as to prevent the movement of water between the two casings. Inner casing installed in a well shall extend or telescope at least eight feet into the lower end of the well casing. The inner casing must be centered and must be a minimum of one inch smaller in diameter than the outer casing if an under reaming method system is used. If other methods are used, the inner casing must be a minimum of two inches smaller in diameter than the outer casing. The grout must be placed in a positive manner in accordance with method A, B, D, or E (see Appendix 210-3).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-061-0231
WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79

Or. Admin. R. 690-210-0240 Casing Shall be Centered

In all instances, casings shall be centered in sealed intervals. Casing centralizers may be used to ensure centering. When sealing a well by Method E, casing centralizers shall be used. (See Figure 210-11).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86

Or. Admin. R. 690-210-0250 Top Terminal Height

(1) The casing head or pitless unit of any well shall extend a minimum of 12 inches above the finished ground surface or pumphouse floor, and a minimum of 12 inches above the local surface runoff level. The ground surface immediately surrounding the top of the well casing or pitless unit should be graded so as to drain surface water away from the well. Without permission of the Director, no casing shall be cut off below land surface except to install a pitless unit or during permanent abandonment of a well.

(2) Application to the Director to reduce the top terminal height of casing shall include:

(a) A description of physical characteristics of the well site which make the requested change necessary; and

(b) A description of additional steps to be taken over and above the minimum standards in these rules which will assure adequate protection of the ground water resource.

(3) The Director may approve a reduction of the top terminal height of the casing only upon a determination that the additional precautions to be taken and specific physical characteristics of the site would prevent contamination of the ground water resource.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0041
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0260 Openings in the Casing

There shall be no opening in the casing wall between the top of the casing and the bottom of the required casing seal except for pitless adapters, measurement access ports, and grout nipples installed in conformance with these standards. In no case shall holes be cut in the casing wall for the purpose of lifting or lowering casing into the well bore unless such holes are properly welded closed and watertight prior to placement into the well bore.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0046
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0270 Pitless Well Adapters and Units

Surface seal requirements for well casing set forth herein shall also apply when a pitless adapter or unit is installed in a well. The seal shall cover that interval occupied by the pitless case from the point of casing connection to land surface. A cement grout seal shall not be allowed within the pitless unit or pitless adaptor sealing interval. The pitless adapter or unit sealing interval shall be sealed with unhydrated bentonite as described in OAR 690-210-0330 and 690-210-0340. The pitless adapter or unit, including the cap or cover, pitless case and other attachments, shall be designed and constructed to be watertight to prevent the entrance of contaminants into the well from surface or near-surface sources. Pitless units shall be vented to the atmosphere. Refer to OAR 690-210-0210 if the pitless adaptor or unit is to be used in conjunction with PVC casing.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-061-0051
WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79

Or. Admin. R. 690-210-0280 Access Ports, Dedicated Measuring Tubes and Airlines

(1) All water supply wells , including wells that have been temporarily removed from service, temporarily abandoned due to a recess in construction, or temporarily abandoned before commencing service, shall be properly covered and shall be equipped with a usable access port with a minimum diameter of 1/2- inch for the purpose of determining the water level in the well at any time.

(2) Access ports shall be installed prior to the Water Supply Well Constructor removing the well drilling machine from the well site.

(3) Dedicated measuring tubes that meet the requirements of OAR 690-215-0060 are recommended to be installed on all water supply wells at the time of pump installation, pump repair, or pump replacement. Where required, dedicated measuring tubes shall be a minimum of 3/4-inch diameter schedule 40 PVC extending to the top of the pump (See Figure 200-5). The 3/4-inch diameter dedicated measuring tube may be reduced in size to 1/2-inch where it goes through the watertight well cap, but shall not be reduced in size over the length of the pipe.

(4) An airline is not a substitute for a required dedicated measuring tube and, if installed, must enter the well in a location other than the access port.

(5) Access ports, dedicated measuring tubes or airlines on all water supply wells shall be capped and be a minimum of twelve inches above finished ground surface or pumphouse floor (See Figures 210-12 and 200-5).

(6) Access ports, airlines and dedicated measuring tubes on all water supply wells shall be maintained by the landowner in a condition that will prevent contamination of the groundwater resource, and shall remain free from wire or other obstruction.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 2-2008, f. 6-18-08, cert. ef. 7-1-08
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 13-1986, f. 10-7-86, ef. 11-1-86

Or. Admin. R. 690-210-0290 Liner Pipe

Liner pipe installed through caving formations and installed without driving, may be of lighter weight than specified by Table 210-2 under OAR 690-210-0190. Such lightweight pipe shall have a wall thickness equal to or greater than 0.188 inch. All liner pipe shall be of steel, in new or like new condition, being free of pits or breaks; or shall be of polymerized vinyl chloride (PVC) type 1220 or 1120 and SDR 26 (Class 160) or greater wall thickness. Liner pipe installed in a well shall extend or telescope at least eight feet into the lower end of the well casing. In the event that more than one string of liner pipe is installed, each string shall extend or telescope at least eight feet into the adjacent larger diameter liner pipe. Liner pipe shall be removable. Liner pipe may be welded or hooked onto the permanent well casing but shall not be permanently fixed to a well casing or borehole wall using packers or grout which would prohibit the liner's removal. (See Inner Casing, OAR 690-210-0230.)

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0011
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0300 Drill Cuttings or Chips

In no case shall drill cuttings or drill chips be used or allowed to fill, partially fill, or fall into the required sealing interval of a well during the construction or the completion of a well.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0110
WRD 9-1978, f. 12-12-78, ef. 1-1-79
Repealed by WRD 9-1978, f. 12-12-78, ef. 1-1-79
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-210-0310 Cement Grout

When using cement grout as the sealing material in a well, it must meet the following requirements:

(1) Cement grout used to seal a well shall be composed of a uniformly mixed slurry of Portland cement or High Early Strength Type III Portland cement and potable water, or High-alumina cement and potable water, mixed in the following proportions (Type of Cement — Gallons of Water Per Sack of Dry Cement, respectively):

(a) Portland Cement — 4-1/2 to 6;

(b) High Early Strength Type III Portland Cement — 5-1/2 to 6-1/2;

(2) Additives to increase fluidity, reduce shrinkage, or control time of set may be used in a cement grout mixture. Expanding agents such as aluminum powder may be used at a rate not exceeding 0.075 ounce (one level teaspoonful) per sack of dry cement. The powder shall not contain polishing agents. The addition of bentonite clay to a cement grout mixture is permissible but shall not in any case exceed five percent (5%) by weight of dry cement. Calcium chloride may be added to a Portland cement grout to accelerate the set but shall not exceed two pounds per sack of dry cement. High-alumina cement and Portland cement of any type shall not be mixed together for use in a well.

(3) Cement types other than those set forth herein shall not be used as a sealing material in a well except upon written approval of the Director of the Water Resources Department.

(4) In no case shall sand or aggregate be added to cement grout seal mixtures.

(5) The volume of sealing material required shall be calculated prior to seal installation. The calculated volume and actual volume used shall be reported on the water supply well report.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 3-2014, f. & cert. ef. 11-25-14
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0086
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0315 Concrete

Concrete for use in the construction of a dug well, or for filling the annular space or well bore of a well, shall consist of clean, hard, and durable aggregate, and not less than five sacks of Portland cement per cubic yard of concrete. Concrete will be allowed only when the oversize drill hole is a minimum of eight inches larger in diameter than the well casing used in construction of the well. The maximum diameter of aggregate particles shall not exceed 1-1/2 inches, but, in any case, shall not exceed 1/5 or 20 percent of the minimum width of the space to be filled. The ratio of coarse aggregate to fine aggregate (Passing No. 4, U.S. Standard Sieve) shall be approximately 1-1/2 to 1 by volume, but, in any case, shall not exceed 2 to 1 nor be less than 1 to 2.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 7-1988, f. & cert. ef. 6-29-88, Renumbered from 690-210-0430
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0211
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0320 Methods of Placement of Cement Grout or Concrete

Cement grout or concrete used as a sealing material in a well shall be placed or forced upward from the bottom to completely fill the annular space to be grouted and shall be placed in one continuous operation without significant interruption. If temporary outer surface casing is used in the construction of the well, it shall be withdrawn as the grout or concrete is placed. (For acceptable methods of placement, see Appendix 210-3 and Figure 210-1).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 1-2017, f. & cert. ef. 2-16-17
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-061-0021 & 690-061-0096
WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79

Or. Admin. R. 690-210-0330 Unhydrated Bentonite

Unhydrated bentonite used in construction of casing seals for water supply wells shall be specifically designed for sealing wells and be within industry tolerances for dry western sodium bentonite. Bentonite shall be free of polymers that promote bacterial growth. Placement of the bentonite shall conform to the manufacturers specifications and result in a seal that is free of voids or bridges. Powdered bentonite and bentonite grout or slurry shall not be used as an annular seal material.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0087
WRD 12-1985, f. 12-6-85, ef. 12-7-85

Or. Admin. R. 690-210-0340 Method of Placement of Unhydrated Bentonite

(1) An upper oversize drillhole, four inches greater than the nominal inside diameter of the permanent well casing, shall be constructed to a minimum depth of 18 feet below land surface. The use of unhydrated bentonite as a casing seal shall not be allowed deeper than 200 feet below land surface. In the event that the materials penetrated by the oversize drillhole cave, or tend to cave, an outer temporary surface casing shall be used to case out the caving materials during construction of the oversize drillhole. The outer temporary surface casing shall be removed during seal installation and before completion of the well.

(2) In the event groundwater is encountered during the construction of the oversize drillhole, only unhydrated bentonite chips manufactured to be 3/8 inch to 3/4 inch, pellets or tablets shall be allowed in the water-filled portion of the annulus. A maximum of 50 feet of water may be present in the sealing interval. Unhydrated bentonite shall be screened across a minimum 1/4 inch mesh screen prior to being placed in the water-filled portion of the annulus to minimize the introduction of bentonite dust into the seal interval. Unhydrated bentonite shall not be used:

(a) In the water-filled portion of a temporary casing; or

(b) If there is any uphole flow in the annular seal interval.

(3) Unhydrated bentonite may only be used as an annular seal material below the water level in a well when the groundwater it comes in contact with does not exceed 800 parts per million (ppm) total dissolved solids (TDS).

(a) Unhydrated bentonite may be used as an annular seal material in water supply wells exceeding 800 ppm TDS if the bentonite manufacturer provides documentation that their product can be used in water that exceeds 800 ppm TDS.

(A) Prior Department approval is required before placement.

(B) The bentonite manufacturer’s documentation and Department approval shall be submitted with the Water Supply Well Report as required in OAR 690-205-0210.

(b) In all cases, the TDS shall be reported on the Water Supply Well Report as required in OAR 690-205-0210.

(c) Regardless of the reported TDS, the quality of the water in the well shall not interfere with the proper hydration of bentonite.

(4) After placement of the permanent casing, the annular space shall be filled to land surface with bentonite. The annular space shall be kept full of bentonite to land surface while drilling or driving casing. A calibrated sounding tape with weight shall be used continuously in the sealing interval during bentonite placement to measure fill rate and to check for and break up possible bridges.

(5) Placement of bentonite shall conform to the manufacturer's specifications and result in a seal that is free of voids or bridges. Care shall be taken to minimize the introduction of bentonite dust into the sealing interval.

(6) The volume of sealing material required shall be calculated prior to seal installation. The calculated volume and actual volume used shall be reported on the water supply well report.

(7) Unhydrated bentonite chip, pellet or tablet annular seals shall be hydrated from land surface with potable water prior to removing the drilling machine from the well site. The hydration shall begin once all of the bentonite annular seal material has been placed and shall end when the annular seal interval refuses to take more water or after at least one annular space volume of water has been placed.

(8) Granular bentonite may only be used as an annular seal material in a dry annular space above the interval where water was first encountered. Granular bentonite shall not be screened or hydrated during placement.

(9) Pour rate shall be two minutes or slower per 50 pound sack in the water-filled portion of the annulus.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
WRD 3-2014, f. & cert. ef. 11-25-14
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0097
WRD 12-1985, f. 12-6-85, ef. 12-7-85

Or. Admin. R. 690-210-0350 Resumption of Construction Following Placement of Cement Grout

The time needed for the final set of a cement grout mixture varies greatly in accordance with cement-water ratio and temperature. When cement grout is used to seal a well, construction should not resume until after the final set of the cement grout mixture. Performance of all cement grout seals shall be the responsibility of the person responsible for the construction of the well. Under no circumstances shall construction resume within six hours of the placement of the cement grout seal. Recommended periods of time for the final set are:

(1) If Portland Cement is used — 72 hours;

(2) If High Early Strength Type III Portland Cement is used — 48 hours;

(3) If High-alumina Cement is used — 6 hours.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0101
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0360 Movement of Casing after Cement Grouting

In no case shall the permanent well casing be moved or driven following the placement and initial set of the cement grout.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0106
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0370 Well Test

Upon completion, every well shall be tested for yield and drawdown either by bailing, pumping, or air testing for a period of not less than one hour. Any testing method that does not provide for drawdown measurements during testing is not an accurate or reliable test of yield.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0081
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0380 Disinfection of a Well

Prior to or after being placed in the well, pumping equipment, sand, gravel and well casing shall be thoroughly hosed or sluiced with water, and shall be disinfected with a solution containing at least 50 parts per million chlorine. All water introduced into a well during construction shall be clean and potable. Upon completion, the well and its equipment, including the interior of the well casing, shall be thoroughly swabbed and cleaned to remove all of the oil, grease, and foreign substances. The well and its equipment shall be disinfected by thoroughly agitating and mixing in the well a solution containing enough chlorine to leave a residual of 25 parts per million throughout the well after a period of 24 hours. Disinfection should also occur following the installation of pumping equipment. (See Chart Recommendations for Disinfection of Wells, Appendix 210-2).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0116
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0390 Completion of Wells

A well constructor or permitted landowner constructing their own well shall not remove the drilling machine from a well site, unless it is immediately replaced by another drilling machine in operating condition prior to completion or abandonment of the water supply well in compliance with OAR 690-210-0005 through 690-220-0140.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0121
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0400 Construction of Dug Wells

Dug wells that are 21 feet or less in depth shall be sealed with grout from land surface to within three feet of the bottom of the well. Dug wells greater than 21 feet in depth shall be sealed with grout from land surface to a depth of at least 18 feet below land surface. In all cases a watertight surface curbing shall extend from a minimum of 12 inches above land surface and continue the entire length of the sealed interval. Open wells, sometimes called sumps, which exceed ten feet in average diameter and are dug to a depth of ten feet or less are exempt from these construction requirements, but are subject to all the requirements covering the use of ground water (water right application). (See Figure 210-13).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0196
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0410 Buried Slab Construction

In a buried slab type well, the slab shall be at least 18 feet below land surface and shall be at least three inches in thickness. The slab shall be reinforced to withstand all stresses. The slab shall be sealed with cement grout at least one foot thick, and the well bore backfilled with grout in accordance with OAR 690-210-0300 through 690-210-0360. (See Figure 210-13).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0206
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-210-0420 Surface Curbing

(1) The surface curbing required in OAR 690-210-0400 shall be of concrete, concrete tile, or steel. If concrete is used, the concrete wall thickness shall not be less than six inches. In the case of buried slab type wells, well casing meeting the minimum specifications given in 690-210-0190 through 690-210-0220 shall be used. (See Figure 210-13.)

(2) If precast concrete tile or steel casing is used for the surface curbing, the well diameter to the bottom of the surface curbing shall be eight inches greater than the outside diameter of the tile or steel, and the annular space shall be completely filled with grout in accordance with OAR 690-210-0310 through 690-210-0340. (See Figure 210-13).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0201
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Division 215 MAINTENANCE, REPAIR AND DEEPENING OF WATER SUPPLY WELLS

Or. Admin. R. 690-215-0005 Prevention of Groundwater Contamination, Health Hazard, and Waste

(1) The landowner of the property on which the water supply well is constructed is ultimately responsible for the maintenance and use of the water supply well. All water supply wells should be disinfected following the installation of pumping equipment. Refer to OAR 690-210-0380, Appendix 210-2 for recommendations on well disinfection.

(2) The landowner shall maintain all water supply wells in a condition where they are not a health threat, a health hazard, a source of contamination or a source of waste of the ground water resource by allowing loss of artesian pressure or commingling of aquifers. A pitless adapter may be attached to the casing to transmit water from the well into the delivery pipeline. The pitless adapter shall be installed in such a manner as to prevent the contamination of the ground water resource. The landowner is responsible to assure that the space between the side of the well borehole and the well casing is sealed as required by OAR 690-215-0025.

(3) If, in the opinion of the Director, a water supply well is a health threat, a health hazard, a source of contamination, or a source of waste of the ground water resource, the Director may order discontinuance of, or impose conditions upon, the use of the water supply well. In addition, the Director may order that the well be repaired or permanently abandoned in accordance with OAR chapter 690, divisions 215 and 220 of the Standards for Construction and Maintenance of Water Supply Wells in the State of Oregon.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.900, ORS 536.027 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 21-1990, f. & cert. ef. 12-14-90
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-062-0005
WRD 3-1983, f. & ef. 4-28-83
WRD 9-1978, f. 12-12-78, ef. 1-1-79
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-215-0006 Well Alterations

(1) Well alterations as defined in OAR 690-200-0050(7) shall be performed by a licensed Water Supply Well Constructor, or a landowner with a Landowner’s Well Construction Permit and bond.

(2) Water Supply Well Constructors or a permitted and bonded landowner shall record the following data, if available, on the Water Supply Well Report as required under OAR 690-205-0210 before completing alteration work on a well:

(a) Pre-alteration static water level and date taken.

(b) Pre-alteration casing diameter.

(d) Pre-alteration well depth.

(e) Pre-alteration seal material.

(3) Well alteration work shall be completed in accordance with OAR 690-215. The Water Supply Well Constructor shall only be responsible for the alteration work they performed under OAR 690-215.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09

Or. Admin. R. 690-215-0010 Maintenance of an Existing Well Following Construction of Replacement Well

Any time a new water supply well is constructed to replace an existing well which is a source of contamination, or is wasting the ground water resource by allowing loss of artesian pressure or commingling of aquifers, the existing well shall be repaired in compliance with these rules or abandoned in accordance with OAR 690-220-0030 through 690-220-0140.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88

Or. Admin. R. 690-215-0015 Accessibility to Well for Reconditioning, Repair or Abandonment

To enable drilling equipment future access to the water supply well for reconditioning, repair, or abandonment, the property owner should maintain a minimum five-foot separation distance between the well and any permanent structure.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 7-1988, f. & cert. ef. 6-29-88

Or. Admin. R. 690-215-0016 Maintaining Well Setback Requirements

Within the boundaries of their own property, property owners are responsible for maintaining the applicable minimum setback distances for any well on their property. Refer to OAR 690-210-0030 for current minimum setback distances.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01

Or. Admin. R. 690-215-0017 Down Well Continuous Water Treatment and Back-Siphon Prevention Devices

(1) The following definitions apply solely to OAR 690-215-0017:

(a) “Backflow” means the flow of a mixture of water, fertilizer and/or chemicals in the opposite direction of that intended.

(b) “Backpressure” means an elevation of pressure downstream of the distribution system that would cause, or tend to cause, water to flow opposite of its intended direction.

(c) “Back-siphonage” means a drop in distribution system pressure below atmospheric pressure (partial vacuum), that would cause, or tend to cause, water to flow opposite of its intended direction.

(d) “Reduced Pressure Principle Backflow Prevention Assembly (RP)” means an assembly containing two independently acting approved check valves, together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located resilient seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly. This assembly is designed to protect against a non-health hazard or a health hazard.

(e) “University of Southern California, Foundation for Cross-Connection Control and Hydraulic Research (USC FCCCHR)" is an agency that conducts laboratory and field tests to evaluate and grant "Certificates of Approval" to backflow prevention assemblies meeting approved standards.

(2) If a chemical is used to treat well water, it shall not be allowed to come into contact with the inside of the well casing above the water level. Down well treatment of well water will only be allowed if a commercial water treatment system is used. Delivery pipes or tubes designed for use with the treatment chemicals shall be used to place the chemicals into the water in the well. This rule does not apply when disinfecting the well and the pumping equipment.

(3) Only chemicals approved by the National Sanitation Foundation to treat drinking water may be allowed to enter a well. In no event shall agricultural chemicals or fertilizers be allowed to enter a well.

(4) Back-siphon prevention devices shall be installed on any irrigation system connected to a groundwater source when chemicals or fertilizers are applied through the system. The landowner or other responsible party shall ensure that back-siphon prevention devices are installed and function properly prior to the irrigation system being used for the application of chemicals or fertilizers. (See Figure 215-1 and Figure 215-2.) The landowner or other responsible party shall test the devices at the time of installation and prior to the first use of each calendar year to ensure that the devices are installed and function properly. The Department may require the landowner or other responsible party to submit a copy of the back-siphon prevention device test results for review. The installation of chemical or fertilizer injection equipment into an irrigation system connected to a groundwater source shall not result in contamination of the groundwater resource.

(a) Irrigation systems with a mainline diameter 4-inches or greater shall contain:

(A) An automatic low-pressure drain or similar device approved by the Water Resources Department which shall:

(i) Be installed between the irrigation pump and the irrigation mainline check valve at the lowest point of the horizontal water supply mainline;

(ii) Be designed to drain all incidental leakage from the check valve out of the irrigation mainline before that leakage enters the groundwater supply;

(iii) Be at least 3/4 inch in diameter with a closing pressure of not less than 5 psi;

(iv) Use a corrosion-resistant tube, pipe, or similar conduit that is sloped to discharge the solution a distance of at least 20 feet away and down-gradient from the irrigation groundwater source and any other water sources. At the discharge point there shall be an air gap between the discharge pipe and the discharged solution. The air gap shall be a minimum of six inches;

(v) Not have any valves located on the outlet side of the drain tube; and

(vi) Have a dam, collection reservoir or similar means to prevent the discharged solution from pooling and draining back toward the groundwater source.

(B) An inspection port or direct access point which shall:

(i) Be located on top of the mainline between the irrigation pump and the irrigation mainline check valve, directly overhead of the low-pressure drain; and

(ii) Have a minimum diameter opening of four inches from which the check valves and low-pressure drain shall be visible. If a four-inch inspection port or direct access point is not possible, a proposed alternative access system may be submitted for review and approval by the Department.

(i) Consist of at least a single check valve;

(ii) Be located in the irrigation mainline between the irrigation pump and the point of chemical or fertilizer injection into the irrigation mainline, and downstream from the vacuum relief valve and automatic low-pressure drain;

(iii) Be of heavy-duty construction with all materials being compatible with and resistant to any chemicals or fluids that it is expected to come into contact with;

(iv) Be resistant to corrosion or protected to resist corrosion;

(v) Be spring-loaded and provide and maintain a watertight seal against backflow;

(vi) Be labeled with the following information: manufacturer's name and model number, working pressure in pounds per square inch (psi), maximum flow rate, and direction of flow;

(vii) Not consist of metal-to-metal seal surfaces; and

(viii) Be designed and rated for pressures expected to be encountered, including those caused by pumping, water hammers, back-pressure, or other sources. Installation, operation, maintenance and testing shall be according to design and manufacturer's specifications and recommendations.

(D) An air/vacuum relief valve which shall:

(i) Be located on top of the horizontal irrigation mainline between the irrigation pump and the irrigation mainline check valve; and

(ii) Have a total (individually or combined) orifice size of at least 3/4-inch diameter for a 4-inch pipe, a 1-inch diameter for a 5- to 8-inch pipe, a 2-inch diameter for 9- to 18-inch pipe, and a 3-inch diameter for a 19-inch and greater pipe.

(E) An automatic, quick-closing chemical injection line check valve which shall:

(i) Be attached to the irrigation mainline or located between the chemical injection unit and the point of chemical or other fluid injection into the irrigation mainline;

(ii) Be made of material that is compatible with and resistant to any chemicals or fluids to be injected;

(iii) Prevent backflow of irrigation water into the chemical injection line; and

(iv) Prevent siphoning or seepage from the chemical supply tank when the irrigation system is either automatically or manually shut down.

(F) A system interlock which shall: mechanically or electrically connect the water supply pump and the chemical injection unit for the purpose of automatically shutting down the chemical injection unit in the event of water supply pump shutdown or failure. The landowner or other responsible party shall demonstrate system interlock operation if requested by the Department.

(G) An emergency shut-off that can be operated manually by the landowner or other responsible party so that the irrigation system or the chemical injection unit can be shut down in the event it becomes necessary.

(H) A pressure switch that will stop the chemical injection unit when the water pressure decreases to the point where chemical or fertilizer distribution is adversely affected.

(b) Irrigation systems with a mainline diameter less than 4-inches shall contain:

(A) A lead free reduced pressure principle backflow prevention assembly (RP) which shall:

(i) Be approved by the University of Southern California, Foundation for Cross-Connection Control and Hydraulic Research, or other equivalent testing laboratory;

(ii) Be installed horizontal unless they are specifically approved for vertical installation;

(iii) Be located in the irrigation mainline between the irrigation pump and the point of chemical or fertilizer injection into the irrigation mainline;

(iv) Be of heavy-duty construction with all materials compatible with and resistant to any chemicals or fluids that it is expected to come into contact with;

(v) Be resistant to corrosion or protected to resist corrosion;

(vi) Provide and maintain a watertight seal against reverse flow;

(vii) Be labeled with the following information: manufacturer's name and model number, working pressure in pounds per square inch (psi), maximum flow rate, and direction of flow;

(viii) Not consist of metal-to-metal seal surfaces;

(ix) Be designed and rated for pressures expected to be encountered, including those caused by pumping, water hammers, back-pressure, or other sources. Installation, operation, maintenance and testing shall be according to design and manufacturer's specifications and recommendations; and

(x) Include an approved air gap and drain line. The diameter of the drain line shall be at least as large as the mainline diameter. The drain line shall be sloped in such a manner as to drain all incidental leakage a distance of at least 20 feet away and down-gradient from the irrigation groundwater source and the RP assembly. The air gap shall be a minimum of one and one-half times the diameter of the mainline. The outlet side of the drain line shall have a dam, collection reservoir or similar means to prevent the discharged solution from pooling and draining back toward the groundwater source.

(B) An automatic, quick-closing chemical injection line check valve which shall:

(i) Be attached to the irrigation mainline or located between the chemical injection unit and the point of chemical or fertilizer injection into the irrigation mainline;

(ii) Be made of material that is compatible with and resistant to any chemicals or fluids to be injected;

(iii) Prevent backflow of irrigation water into the chemical injection line; and

(iv) Prevent siphoning or seepage from the chemical supply tank when the irrigation system is either automatically or manually shut down.

(C) A system interlock which shall: mechanically or electrically connect the water supply pump and the chemical injection unit for the purpose of automatically shutting down the chemical injection unit in the event of water supply pump shutdown or failure. The landowner or other responsible party shall demonstrate system interlock operation if requested by the Department.

(D) An emergency shut-off that can be operated manually by the landowner or other responsible party so that the irrigation system or the chemical injection unit can be shut down in the event it becomes necessary.

(E) A pressure switch that will stop the chemical injection unit when the water pressure decreases to the point where chemical or fertilizer distribution is adversely affected.

(c) The Director may allow modifications or changes in materials, design, or technology in lieu of that specified herein. Requests for modifications or changes shall be in writing, detailing the current or proposed system and the desired changes, and shall include component specifications, a detailed drawing of the proposed system, and the system’s uses. Once installed, the modified system shall provide at least as much protection to the groundwater resource as that provided by the devices required in this regulation;

(d) The injection of chemicals or fertilizers into an irrigation system connected to a groundwater source shall not occur within ten feet from a wellhead.

(e) An additional vacuum relief valve may be installed downstream of the irrigation mainline check valve to prevent potential collapse of the irrigation mainline in the event of rapid mainline drainage.

(f) The landowner or other responsible party shall ensure that additional inspections and testing of approved back-siphon prevention devices are conducted:

(A) At the time of any repair or relocation;

(B) More frequently than annually for back-siphon prevention devices that repeatedly fail; or

(g) These regulations are in addition to equipment requirements for chemical application under the Federal Insecticide, Fungicide and Rodenticide Act, and are not intended to replace those regulations;

(h) Irrigation systems that are subject to OAR 690-215-0017(4) and are connected to:

(A) A public water system, shall also comply with Oregon Health Authority cross-connection control requirements in OAR Chapter 333 and backflow prevention requirements in the Oregon Plumbing Specialty Code. Contact the Oregon Health Authority and the Oregon Building Codes Division for more information;

(B) A private water system, shall also meet the backflow prevention requirements in the Oregon Plumbing Specialty Code. Contact the Oregon Building Codes Division for more information. Before each chemical application, the treatment site and surrounding area should be assessed to determine if the application will endanger or be a potential hazard to workers, bystanders, domestic animals, fish or wildlife, ground or surface water, or neighboring crops.

(5) Back-siphon prevention devices found not to be functioning properly shall be either repaired or replaced. Repair or replacement shall take place prior to the irrigation system being used for the application of chemicals or fertilizers.

(6) Bypass piping installed around approved back-siphon prevention devices must be equipped with approved back-siphon prevention devices and must:

(a) Afford at least the same level of protection as the approved back-siphon prevention devices being bypassed; and

(b) Comply with all other requirements.

(7) The landowner or other responsible party shall provide access and clearance for required operation, testing, maintenance, and repair of back-siphon prevention devices.

(8) In cold climate areas, back-siphon prevention devices shall be protected from freezing.

(9) Back-siphon prevention devices shall:

(a) Not be located in any area containing fumes that are toxic, poisonous, or corrosive;

(b) Be installed in a manner that precludes the possibility of continuous submersion of back-siphon prevention devices; and

(10) The Director may require a landowner or other responsible party to install a back-siphon prevention device on any water supply well, including wells which are exempted by ORS 537.545. The Director also may require a landowner or other responsible party to install a back-siphon prevention device as a condition of a water right permit. When required to be installed:

(a) Back-siphon prevention devices shall be specifically designed and manufactured to prevent backflow, back-siphonage, backpressure, siphoning, seepage, suction, or leakage and shall prevent used, unclean, polluted, or contaminated water, mixtures, or substances from entering the groundwater resource;

(b) The landowner or other responsible party shall test the back-siphon prevention devices at the time of installation and once per calendar year to ensure that they are functioning properly;

(c) The Department may require the landowner or other responsible party to test the back-siphon prevention devices more frequently than annually to ensure that they are functioning properly; and

(d) The Department may require the landowner or other responsible party to submit a copy of the back-siphon prevention device test results for review.

(11) Whenever the Director deems it appropriate, the Department may investigate alleged violation of statutes, standards or rules governing back-siphon prevention devices to determine whether a violation has occurred. Violations of OAR 690-215-0017 may be administered under ORS 536.900(1)(b), 537.990(3), or OAR Chapter 690, Division 260, as appropriate to gain compliance.

(12) Additional Oregon Health Authority standards apply to wells used for public water systems. See OAR Chapter 333 or contact the Oregon Health Authority for more information.

(13) Additional requirements in the Oregon Plumbing Specialty Code apply to wells used for public or private water systems. Contact the Oregon Building Codes Division for more information.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 3-2018, amend filed 05/02/2018, effective 05/02/2018
WRD 3-2017, f. & cert. ef. 8-25-17
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 1-1991, f. & cert. ef. 2-8-91
WRD 7-1988, f. & cert. ef. 6-29-88

Or. Admin. R. 690-215-0020 Valves and Casing on Artesian Wells

Valves and casing on all artesian wells shall be maintained in a condition so that the flow of water can be completely stopped when the water is not being put to beneficial use. All casing, liner pipe, and casing seals shall be maintained in a condition that will prevent surface or subsurface leakage of ground water. Valves shall be closed when water is not being put to beneficial use. During periods of subfreezing temperatures, a valve may be partially opened to prevent damage due to freezing.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-062-0010
WRD 9-1978, f. 12-12-78, ef. 1-1-79
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-215-0025 Sealing Pitless Adapter and Pitless Units

The sealing area around pitless adapter or pitless unit installations shall be replaced with unhydrated bentonite as required by OAR 690-210-0330 and shall be at least one and one-half inches thick around the casing and pitless device.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09

Or. Admin. R. 690-215-0030 Casing and Casing Extensions

(1) All well casing used to extend a well head above land surface or used in the alteration, repair or deepening of water supply wells shall meet the minimum standards in OAR 690-210.

(2) The annular space surrounding the well casing used to extend the well head shall be sealed as required by OAR 690-210 and shall be at least four inches greater than the nominal inside diameter of the permanent well casing.

NOTE: Prior to extending the casing on public, community, municipal, or public utility water supply wells, contact the Department of Human Services. Additional requirements may apply.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0221
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-215-0035 Liner Pipe

All liner pipe used in the alteration, repair or deepening of water supply wells shall meet the minimum standards in OAR 690-210-0290.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09

Or. Admin. R. 690-215-0040 Casing and Sealing Wells after Disturbance

(1) If during the installation of casing, liner pipe, seals, packers, or during repair or deepening of a water supply well, the pre-existing casing is withdrawn, or moved as to compromise the annular seal, the well shall be cased and sealed in accordance with the rules set forth in OAR 690-210.

(2) If the annular seal is not compromised when cleaning out a water supply well or installing liner pipe, the water supply well shall not require re-casing or re-sealing.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0226
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-215-0045 Deepening of Wells

(1) Only the following wells may be deepened without an approved special standard:

(a) Wells with well reports that describe the original construction. The original well report must be:

(A) Referenced on the deepening well report; or

(B) Attached to the deepening well report.

(b) Wells that are recased and resealed to meet the current minimum well construction standards.

(2) The static water level shall be measured prior to and after deepening any well. Both readings shall be recorded on the well log.

(3) If the deepening of an existing well results in access to a new aquifer then prior to completion of deepening work all previous aquifers, including previous aquifers that have gone dry or are low-producing, shall be cased and sealed off using the methods described in OAR 690-210.

(4) The deepening of a water supply well shall not result in the commingling of aquifers.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 3-2014, f. & cert. ef. 11-25-14
WRD 7-2001, f. & cert. ef. 11-15-01

Or. Admin. R. 690-215-0050 Well Cover

All water supply wells shall be securely covered to prevent any foreign substance from entering the well, including any material which might contaminate the ground water. The well cover shall meet the requirements of OAR 690-220-0005.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86

Or. Admin. R. 690-215-0055 Well Identification Label Maintenance

The well identification label shall not be removed from the wellhead and shall be maintained by the landowner in an accessible location and in a readable condition. See OAR 690-200-0048 for well identification label placement methods and instructions.

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 7-2001, f. & cert. ef. 11-15-01

Or. Admin. R. 690-215-0060 Access Ports, Dedicated Measuring Tubes and Airlines

(1) All water supply wells, including wells that have been temporarily removed from service, temporarily abandoned due to a recess in construction, or temporarily abandoned before commencing service, shall be properly covered and shall be equipped with a usable access port with a minimum diameter of 1/2-inch for the purpose of determining the water level in the well at any time.

(2) Dedicated measuring tubes are recommended to be installed on all water supply wells at the time of pump installation, pump repair, or pump replacement. Where required, dedicated measuring tubes shall be a minimum of 3/4-inch diameter schedule 40 PVC extending to the top of the pump. The 3/4-inch diameter dedicated measuring tube may be reduced in size to 1/2-inch where it goes through the watertight well cap, but shall not be reduced in size over the length of the pipe. Dedicated measuring tubes shall be vented above and below the well cap and shall be attached to the pump column at 10 foot intervals with 10 mil plastic tape. The lower five feet of the dedicated measuring tube shall be either 0.020 inch machine slotted well screen or the lower 20 feet of the dedicated measuring tube shall be extensively perforated with 1/8 inch holes. Dedicated measuring tubes shall be plugged or capped at the bottom (See Figure 200-5) and shall remain free from wire or other obstruction.

(3) An airline is not a substitute for a required dedicated measuring tube and, if installed, must enter the well in a location other than the access port.

(4) Access ports, dedicated measuring tubes or airlines on all water supply wells shall be capped and a minimum of twelve inches above finished ground surface or pumphouse floor. If the well has a pitless adaptor then the dedicated measuring tube shall terminate within six inches of the top of the well casing.

(5) Access ports, airlines and dedicated measuring tubes on all water supply wells shall be maintained by the landowner in a condition that will prevent contamination of the groundwater resource.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 2-2008, f. 6-18-08, cert. ef. 7-1-08
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-062-0015
WRD 9-1978, f. 12-12-78, ef. 1-1-79
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-215-0070 Pressure Gauge

The pressure gauge and petcock valve required by OAR 690-210-0155 shall be maintained so that the artesian pressure can be accurately determined at any time. (See Figure 210-7.)

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900, ORS 537.992 & ORS 540.045
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900, ORS 537.992 & ORS 540.045
WRD 9-2023, minor correction filed 07/19/2023, effective 07/19/2023
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-062-0020
WRD 9-1978, f. 12-12-78, ef. 1-1-79
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-215-0080 Flowmeters and Dedicated Measuring Tubes

The Director may require the landowner to install totalizing flowmeters or dedicated measuring tubes on any water supply well, either as a condition of a water right permit or at a later date as circumstances may warrant. The landowner may be required to install totalizing flowmeters or dedicated measuring tubes on existing permitted wells and on wells which are exempted by ORS 537.545.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 2-2008, f. 6-18-08, cert. ef. 7-1-08
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86

Or. Admin. R. 690-215-0090 Conversion to an Artesian Well

If a water supply well becomes artesian upon deepening, the well shall be cased, sealed and completed in accordance with OAR 690-210-0155.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0236
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-215-0100 Drilling in a Dug Well

In no case shall a dug well be deepened by drilling methods.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-061-0241
WRD 9-1978, f. 12-12-78, ef. 1-1-79

Or. Admin. R. 690-215-0201 Dedicated Measuring Tube

A dedicated measuring tube as described in 690-215-0060 shall be installed in any water supply well at the time of pump installation, pump repair or pump replacement in the following areas (See Figures 200-4, 200-5, 200-7 and 200-8):

(1) Petes Mountain Area of Clackamas County (See OAR 690-200-0028(2));

(2) Eola Hills Ground Water Limited Area of Polk and Yamhill Counties (See OAR 690-200-0028(3));

(3) "Mosier Area" Special Area Standards area of Wasco County (See OAR 690-200-0028(4)).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, adopt filed 06/22/2023, effective 07/01/2023

Division 217 REQUIREMENT FOR PUMP TESTING OF NONEXEMPT WELLS

Or. Admin. R. 690-217-0005 Purpose and Basis for Authority

(1) ORS 537.772 states “The owner or operator of any well, except wells used for purposes listed in ORS 537.545, shall conduct a pump test at least once every 10 years and report the results of that test to the Water Resources Commission.”

(2) The purpose of these rules is to present standards and procedures for pump tests required by ORS 537.772.

History

Statutory/Other Authority: ORS 537
WRD 25-1988, f. & cert. ef. 12-20-88

Or. Admin. R. 690-217-0010 Definitions

The following definitions apply to OAR 690, division 217:

(1) “Air Line”: A tube or pipe installed in a well specifically for the purpose of determining the water level by measuring the air pressure required to purge it of water.

(2) “Commission”: Water Resources Commission.

(3) “Electric Water Level Measuring Tape”: A device manufactured specifically for measuring depth to water in wells and consisting of a reel, electric cable with permanent depth markings, and an indicating buzzer, light or meter.

(4) “Electronic Pressure Transducer”: A submersible electronic pressure sensing device designed and constructed specifically for measuring water levels, usually connected to an electronic device to display or record pressure data.

(5) “Flowing Artesian Well”: A well which penetrates an aquifer with sufficient pressure to cause water to flow from the well without pumping.

(6) “Pump Test”: A controlled procedure in which water is withdrawn from a well at a constant rate for a specified period of time and in which the water level in the well is measured at specified intervals before, during and after pumping.

(7) “Pump Test Report”: The form provided by the Water Resources Department for reporting the results of pump tests required by ORS 537.772.

(8) “Static Water Level”: The distance between the water level in a well and ground level when no water is being withdrawn from the well and the effects of previous withdrawals are no longer noticeable.

History

Statutory/Other Authority: ORS 537
WRD 25-1988, f. & cert. ef. 12-20-88

Or. Admin. R. 690-217-0015 Policy Statement

(1) The owner of a well which is the source of water listed on a water right permit or certificate shall conduct, or cause to be conducted, pump tests and report the results to the Water Resources Commission as outlined in OAR 690-217-0005 to 690-217-0055.

(2) The Water Resources Commission delegates to the Water Resources Director (the Director) all authority pertaining to implementation of these rules.

(3) If there is a reason why a pump test cannot be performed on a well, the owner may request from the Director an exemption from the pump test requirement. Requests shall be in writing and include the reason why a pump test cannot be performed. Exemptions, or conditioned exemptions, shall be granted if the reasons are found to be valid and eliminating the problem would place an unreasonable burden on the well owner. Exemptions shall be granted for public water supply wells if pump testing will cause interruption of service to customers.

(4) If there is a reason why a pump test cannot meet all of the specifications outlined in OAR 690-217-0005 to 690-217-0055, the well owner may request from the Director exceptions to the pump test requirements. Requests shall be in writing and include the reason why a pump test cannot meet the requirements. Exceptions, or conditioned exceptions, shall be granted if the reasons are found to be valid and meeting the full specifications would place an unreasonable burden on the well owner.

(5) The pump test requirement shall be waived, if requested, in situations where the water right is for land temporarily taken out of production under a government program.

(6) Pump tests shall not be required of wells with diameters greater than 36 inches and depths less than 30 feet.

(7) Pump tests shall not be required of collector-type wells or infiltration galleries.

(8) Transferring the point of diversion of a ground water right shall have no effect on the pump testing schedule unless specifically mentioned as a condition of the transfer.

(9) Pump tests are intended to provide aquifer and well information for ground water resource characterization and to help solve well problems.

History

Statutory/Other Authority: ORS 537
WRD 25-1988, f. & cert. ef. 12-20-88

Or. Admin. R. 690-217-0020 Requirements for Pump Tests

(1) For water right applications received on or after December 20, 1988, a pump test as described in OAR 690-217-0005 to 690-217-0055 is required before a certificate of water right will be issued. The results of the test shall be submitted on the pump test report form.

(2) For water right permits or certificates with priority dates before December 20, 1988, a pump test as described in OAR 690-217-0005 to 690-217-0055 and subsequent pump test requirements every ten years shall be waived unless required by the Director. The Director may require pump tests as provided in ORS 537.772 in specific cases or areas as determined to be necessary. Such areas may include, but are not limited to, critical ground water areas or serious water management problem areas as defined in OAR 690-085-0020.

(3) If a landowner owns multiple wells producing from the same aquifer and has tested one of those wells, he may request exemptions for all other of those wells which are within five miles of the tested well and which produce water from the same aquifer. If a well is more than five miles from the tested well, or produces from a different aquifer, it must be tested separately. Requests for exemptions shall be in writing and include water well reports or other documentation showing the water producing zones for each well.

(4) In cases where a well provides the source of water for more than one water right permit or certificate, it shall be indicated on the pump test report that the pump test applies to multiple water rights. The permit or certificate numbers of all the water rights the pump test applies to shall be listed on the pump test report.

History

Statutory/Other Authority: ORS 537
WRD 3-2006, f. & cert. ef. 6-20-06
WRD 25-1988, f. & cert. ef. 12-20-88

Or. Admin. R. 690-217-0025 Pump Test Specifications for Wells Other than Flowing Artesian Wells

The pump tests for wells other than flowing artesian wells shall be conducted such that the following minimum specifications are met:

(1) The well shall be idle for a period of at least sixteen hours prior to the pump test.

(2) The static water level in the well shall be measured within the hour prior to the test at least three times no less than 10 minutes apart.

(3) The pumping phase of the test shall be at least four hours.

(4) The pump discharge shall be controlled as much as possible to maintain a constant rate during the test and shall be as close as reasonably possible to the anticipated pumping rate during normal use of the well. Discharge shall be recorded at the beginning of the test and once every hour thereafter.

(5) Water level measurements during the first 10 minutes of pumping shall be timed no more than two minutes apart. Water level measurements from 10 to 30 minutes of pumping shall be timed no more than five minutes apart. After 30 minutes of pumping, drawdown measurements shall be taken no more than 15 minutes apart for the duration of the test.

(6) After pumping stops, water level measurements shall be taken for four hours or until the well reaches 90 percent recovery from the maximum drawdown, whichever occurs first. Recovery water level measurements shall be taken on the same schedule as described in section (5) of this rule for drawdown measurements.

History

Statutory/Other Authority: ORS 537
WRD 25-1988, f. & cert. ef. 12-20-88

Or. Admin. R. 690-217-0030 Pump Test Specifications for Flowing Artesian Wells with Pumps

(1) Pump tests for flowing artesian wells with pumps shall be conducted such that the following minimum specifications are met.

(2) The well shall be shut in for at least sixteen hours prior to the test and the shut-in pressure recorded within the hour prior to the test at least three times no less than 20 minutes apart.

(3) The pump test shall be conducted in the same manner as outlined for non-flowing wells in OAR 690-217-0025 except that water levels above ground shall be determined by the use of a pressure gauge and reported as pounds per square inch (PSI). If at any time during the test the pressure drops below zero PSI, indicating the water level in the well has dropped below ground level, the water level shall be measured by a method listed in OAR 690-217-0045.

History

Statutory/Other Authority: ORS 537
WRD 25-1988, f. & cert. ef. 12-20-88

Or. Admin. R. 690-217-0035 Pump Test Specifications for Flowing Artesian Wells without Pumps

If a flowing artesian well is not fitted with a pump and is normally used in an open discharge fashion, the test shall be conducted in the following manner:

(1) The well shall be shut in for 16 hours prior to the test and the shut-in pressure recorded in the hour prior to the test.

(2) The well shall be allowed to flow for a measured period of time of at least four hours, during which time the flow rate is to be measured and kept as constant as possible.

(3) After the flowing period, the well shall be shut in and the pressure build-up recorded on the same schedule as described in OAR 690-217-0025(5) for water level recovery data collection in non-flowing well tests. Pressure build-up shall be recorded for four hours or until the pressure reaches 95 percent of the pretest shut-in pressure.

History

Statutory/Other Authority: ORS 537
WRD 25-1988, f. & cert. ef. 12-20-88

Or. Admin. R. 690-217-0040 Nearby Wells and Streams

(1) If the well to be tested is within one-quarter mile of a stream, lake or other surface water body, it shall be noted on the pump test report along with the distance between the well and that surface water body. The approximate elevation difference between the land surface at the well and the surface of the water body shall also be noted.

(2) In order for pump test information to be valid, the possible effects from pumping of nearby wells must be evaluated. If there are other wells not exempted under ORS 537.545 which are within 1000 feet of the well to be tested, and which were pumping for all or part of the pump test, the approximate distance to these wells and the approximate pumping rate of each shall be included on the pump test report. If pumping from a nearby well started or stopped during the test or within 24 hours prior to the test, the time the pumping started or stopped shall be included on the pump test report if known or available.

History

Statutory/Other Authority: ORS 537
WRD 25-1988, f. & cert. ef. 12-20-88

Or. Admin. R. 690-217-0045 Acceptable Techniques for Measurement of Water Level and Discharge

(1) Water level measurements shall be taken by one of the following methods:

(a) An electric water level measuring tape specifically designed for this purpose. Depth markings on the tape shall be no more than five feet apart, and shall be accurate to 0.5 percent. All water level measurements shall be reported to a precision of at least one-tenth of a foot;

(b) A calibrated electronic pressure transducer coupled with an appropriate output device or data logger. The accuracy and precision of the transducer and output device or data logger shall meet those outlined in subsection (1)(a) of this rule for electric water level measuring tapes. If an electronic pressure transducer is used for water level measurement, the manufacturer’s name, the serial number and calibration date of the device must be supplied in the pump test report;

(c) An air line and pressure gauge. Air line measurements shall be accepted only where water levels deeper than 300 feet below ground level are encountered or expected. Air line accuracy shall be verified by at least one water level measurement with an electric water level measuring tape;

(d) An acoustic sounding device designed and manufactured specifically for measuring the depth to water in walls;

(e) The wetted steel tape method. This method may be used for static water level measurements only.

(2) Measurements of air line pressure of shut-in pressure of flowing artesian wells shall be with a calibrated pressure gauge with marked intervals of one PSI or less.

(3) Discharge from the pump shall be physically measured by a standard and acceptable method. In no case will visually estimated flow rates be accepted. Acceptable methods include:

(a) A properly installed flow meter which is functional and calibrated within reasonable limits;

(b) A properly installed weir or flume;

(d) Known volume/time calculations (including calibrated bucket and stopwatch up to 60 gallons per minute); and

(e) Properly used ultrasonic flow measuring devices.

History

Statutory/Other Authority: ORS 537
WRD 25-1988, f. & cert. ef. 12-20-88

Or. Admin. R. 690-217-0050 Qualifications for Conducting Pump Tests

Only pump tests conducted by the well owner, a full-time employee of the well owner who routinely works with and is familiar with wells and pumps, or a qualified individual authorized by the well owner shall be accepted by the Director. Individuals in the following groups will be considered qualified and authorized provided they have significant experience conducting pump tests:

(1) Oregon licensed water well constructors.

(2) Oregon registered professional geologists or certified engineering geologists.

(3) Certified water rights examiners.

(4) Oregon registered professional engineers.

(5) Individuals whose primary occupation involves, wholly or in significant part, pump installation, service or testing.

History

Statutory/Other Authority: ORS 537
WRD 25-1988, f. & cert. ef. 12-20-88

Or. Admin. R. 690-217-0055 Pump Test Reports

Results of pump tests shall be reported on the pump test report form supplied by the Water Resources Department. The person conducting the pump test shall be responsible for completing and certifying the pump test report. The well owner shall sign and submit the pump test report.

History

Statutory/Other Authority: ORS 537
WRD 25-1988, f. & cert. ef. 12-20-88

Division 220 ABANDONMENT OF WATER SUPPLY WELLS

Or. Admin. R. 690-220-0005 Temporary Abandonment

Any water supply well to be temporarily removed from service, temporarily abandoned due to a recess in construction, or temporarily abandoned before commencing service, shall be capped with a watertight seal, watertight welded steel cap, or threaded cap. In the event that temporary abandonment is to be of 90 days or less, the temporary steel cap may be welded to the well casing with a minimum of four separate welds, evenly spaced, each at least 3/16 of an inch in length. Steel or cast iron caps shall be at least 3/16 of an inch in thickness. Access ports and airlines, as described in OAR 690-210-0280, shall be maintained during the temporary abandonment. During the temporary abandonment, the well must be maintained to the standards prescribed in OAR 690-215.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-063-0005
WRD 9-1978, f. 12-12-78, ef. 1-1-79
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-220-0030 Permanent Abandonment

(1) Any water supply well that is to be permanently abandoned shall be completely filled in such a manner that vertical movement of water within the well bore, including vertical movement of water within the annular space surrounding the well casing, is effectively and permanently prevented. If a dry or non-producing water supply well is to be permanently abandoned, it shall be abandoned in accordance with these standards. Unless otherwise stated in these rules, all permanent water supply well abandonments shall be performed by a licensed Water Supply Well Constructor.

(2) The abandonment procedure shall be recorded on a form provided by or previously approved in writing by the Department. The form shall include, as a minimum, all the requirements as listed in OAR 690-205-0210, plus:

(a) Method of abandonment;

(b) If assigned, the well identification tag number, original start card number, and owner's well number of the abandoned well.

(3) When a well that has a well identification tag on it is permanently abandoned, the well identification tag shall be destroyed. The well identification tag shall not be reused.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-063-0010
WRD 9-1978, f. 12-12-78, ef. 1-1-79
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-220-0035 Abandonment of an Existing Water Well After Replacement

A landowner who replaces an old well by drilling a new well shall permanently abandon the old well if the old well is within a setback as defined in OAR 690-210-0030. Permanent abandonment of a well located within a setback shall occur within one year after the function of the well is replaced or within one year after the water right, if applicable, is transferred to the new well, whichever is later.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01

Or. Admin. R. 690-220-0040 Abandonment of Cased Wells

(1) If all or a portion of the water supply well casing or the liner pipe is not removed during the abandonment of a well, the remaining casing or liner shall be thoroughly ripped or perforated. The number and size of perforations may vary, however, the perforations must be sufficient enough to allow grout to migrate outside the casing and effectively prevent the vertical movement of water. The annular space between the casing or liner and the drillhole wall shall be effectively and completely filled with cement grout applied under pressure.

(2) Perforations are not required in the sealed interval provided proof of the original seal can be verified with the original well report. The verified seal interval shall be filled with cement grout, concrete or unhydrated bentonite.

(3) Uncased portions of a cased well to be abandoned shall be filled in accordance with OAR 690-220-0030 through 690-220-0050.

(4) The well casing to be abandoned may be severed below land surface and removed. (See Figure 220-3.)

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 8-2023, minor correction filed 07/07/2023, effective 07/07/2023
WRD 7-2023, minor correction filed 06/26/2023, effective 06/26/2023
WRD 6-2023, minor correction filed 06/23/2023, effective 06/23/2023
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 9-1978, f. 12-12-78, ef. 1-1-79, Renumbered from 690-063-0011
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-220-0050 Abandonment of Uncased Wells

(1) Uncased portions of water supply wells to be permanently abandoned shall be completely filled with cement grout, concrete or unhydrated bentonite: (See Figure 220-1) (Figure 220-2)

(2) Uncased portions of water supply wells that penetrate a water-bearing formation may be abandoned with alternating layers of cement grout, concrete or unhydrated bentonite and clean gravel throughout the water-bearing zones in the following manner:

(a) In all cases, non water-bearing zones shall be filled with cement grout, concrete or unhydrated bentonite.

(b) Clean gravel may only be placed in the water-bearing zones verified by an original water supply well report or other documentation acceptable to the Department. A vertical column of gravel that exceeds a total length of 50 feet shall only be placed with prior Department approval. Non water-bearing portions shall be filled with a plug of cement grout, concrete or unhydrated bentonite. Gravel shall not exceed a maximum of 50% of well depth without prior Department approval. Gravel may be placed in multiple water-bearing zones, not to exceed 50 feet for each zone. In no case shall gravel be placed above 18 feet below land surface.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090 & ORS 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & ORS 537.505 - 537.795
WRD 4-2023, minor correction filed 05/15/2023, effective 05/15/2023
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 9-1978, f. 12-12-78, ef. 1-1-79, Renumbered from 690-063-0012
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-220-0070 Abandonment of Artesian Wells

In addition to OAR 690-220-0040 and 690-220-0050, the flow of artesian water supply wells to be abandoned shall be confined or restricted by cement grout applied under pressure, or by the use of a suitable well packer, or a wooden plug placed at the bottom of the confining formation immediately above the artesian water-bearing zone. Cement grout or concrete shall be used to effectively fill the well to land surface. (See Figure 220-4, 1986.)

[ED. NOTE: Figures referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-063-0015
WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79
WRD 3, f. & cert. ef. 2-18-77

Or. Admin. R. 690-220-0080 Abandonment of Driven and Jetted Wells

Provided an annular seal meeting the requirements of OAR 690-210-0180 can be confirmed, a cement grout plug shall be placed by grout pipe opposite all perforations or openings in the water supply well casing. The remainder of the well shall be filled with cement grout. If no annular seal can be confirmed, the well shall be abandoned by removing the casing and filling the borehole with cement grout (see OAR 690-220-0120).

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-063-0020
WRD 9-1978, f. 12-12-78, ef. 1-1-79
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-220-0090 Abandonment of Filter or Gravel Pack Wells

Filter or gravel pack water supply wells may only be abandoned under a special standard. Any method of abandonment proposed must ensure that all perforated sections of the casing will be pressure grouted throughout, and that the remainder of the well is filled with cement grout. (See definition of pressure grout in OAR 690-200)

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-063-0016 & 690-063-0025
WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79
WRD 3, f. & cert. ef. 2-18-77

Or. Admin. R. 690-220-0095 Abandonment of Dug Wells

(1) Abandonment of a dug water supply well shall be approved by the Department before work is started. The Department shall be notified of the proposed abandonment. The notification shall include:

(a) Location;

(b) Name of the owner;

(d) Well depth;

(e) Depth to water;

(f) Type of well casing or liner material if any; and

(g) The proposed method of abandonment.

(2) A method to be used in the abandonment will be approved by the Department if the method will adequately protect the ground water resource. Dug wells penetrating more than one water bearing zone shall be abandoned in a manner to eliminate the possibility of leakage from one water bearing zone to another.

(3) The well shall be abandoned by a licensed Water Supply Well Constructor, a landowner with a landowner well construction permit and bond, or by a landowner in the presence of the watermaster or other Department representative.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 7-1988, f. & cert. ef. 6-29-88

Or. Admin. R. 690-220-0100 Obstructions and Possible Contaminants

All obstructions or debris which may interfere with effective sealing operations shall be removed from the water supply well to be abandoned. Any foreign matter capable of causing ground water contamination shall be removed prior to placing any sealing material.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-063-0026
WRD 9-1978, f. 12-12-78, ef. 1-1-79
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-220-0110 Removal of Well Casing During Abandonment

If the casing of a water supply well is removed during abandonment, the well shall be plugged and sealed in accordance with OAR 690-220-0030 through 690-220-0050 and shall be filled with sealing materials as the casing is removed.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-063-0021
WRD 9-1978, f. 12-12-78, ef. 1-1-79
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-220-0115 Unhydrated Bentonite and Method of Placement

(1) When abandoning a pre-existing well with unhydrated bentonite the Water Supply Well Constructor shall provide additional notification to the Regional Well Inspector or the Well Construction Program Coordinator in Salem by fax, e-mail or telephone 72 hours prior to starting abandonment work.

(a) In case of an emergency, the additional notification is not required; however, the Water Supply Well Constructor shall notify the Department prior to beginning abandonment work as required in OAR 690-205-0200.

(2) Unhydrated bentonite used in the abandonment of water supply wells shall meet the following requirements:

(a) Specifically designed for use in water supply wells; and

(b) Within industry tolerance for dry western sodium bentonite; and

(d) Manufactured to be 3/8-inch or 3/4-inch; and

(e) National Sanitation Foundation (NSF) approved or have a swell index greater than 15 milliliters (ml) per 2 grams (gm).

(3) Powdered bentonite, bentonite grout or bentonite slurry shall not be used to abandon water supply wells.

(4) Unhydrated bentonite shall only be used to abandon water supply wells when in contact with water having less than 800 parts per million (ppm) total dissolved solids (TDS).

(a) Unhydrated bentonite may be used to abandon water supply wells exceeding 800 ppm TDS if the bentonite manufacturer provides documentation that their product can be used in water that exceeds 800 ppm TDS.

(A) Prior Department approval is required before placement.

(B) The bentonite manufacturer’s documentation and Department approval shall be submitted with the Water Supply Well Report as required in OAR 690-205-0210.

(b) In all cases, the TDS shall be reported on the Water Supply Well Report as required in OAR 690-205-0210.

(5) Water supply wells with casing that is at least four inches in diameter and less than eight inches in diameter may be abandoned with unhydrated bentonite to a maximum well depth of 700 feet, if being placed through water. Unhydrated bentonite may be used deeper with prior Department approval.

(6) Water supply wells with casing that is at least four inches in diameter and less than eight inches in diameter may be abandoned with unhydrated bentonite to a maximum well depth of 1000 feet, if being placed through air. Unhydrated bentonite may be used deeper with prior Department approval.

(7) Water supply wells with casing that is at least eight inches in diameter may be abandoned with unhydrated bentonite to a maximum well depth of 1200 feet, if being placed through water. Unhydrated bentonite may be used deeper with prior Department approval.

(8) Water supply wells with casing that is at least eight inches in diameter may be abandoned with unhydrated bentonite to a maximum well depth of 1500 feet, if being placed through air. Unhydrated bentonite may be used deeper with prior Department approval.

(9) Unhydrated bentonite shall be screened across a minimum 1/4-inch mesh screen during placement to minimize the introduction of bentonite dust into the sealing interval. The resulting seal shall be free of voids or bridges.

(10) A sounding or tamping tool shall be used in the sealing interval during placement to measure the fill rate and to break up possible bridges or cake formations.

(11) Unhydrated bentonite shall be poured at the manufacturers recommended rate in the water- filled portion of the drillhole and shall not be less than two minutes per 50 pound sack.

(12) In a dry sealing interval, (above the water level), bentonite shall be hydrated from land surface to a minimum depth of 50 feet below land surface. Unhydrated bentonite shall be hydrated with potable water in maximum ten foot lifts to ensure activation.

(13) The estimated and actual volume of sealing material used shall be calculated and reported on the Water Supply Well Report as required by OAR 690-205-0210.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09

Or. Admin. R. 690-220-0120 Cement Grout

Cement grout for use in abandonment operations shall conform to the requirements of OAR 690-210-0310.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
Renumbered from 690-063-0031, WRD 13-1986, f. 10-7-86, ef. 11-1-86
WRD 9-1978, f. 12-12-78, ef. 1-1-79
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-220-0130 Concrete

Concrete for use in abandonment operations shall conform to the requirements of OAR 690-210-0315.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-063-0035
WRD 9-1978, f. 12-12-78, ef. 1-1-79
WRD 3, f. & ef. 2-18-77

Or. Admin. R. 690-220-0140 Method of Placement of Concrete or Cement Grout

Concrete or cement grout used as a sealing material in abandonment operations shall be introduced at the bottom of the well or required sealing interval and placed progressively upward to the top of the well. All such sealing materials shall be placed by the use of a grout pipe or by dump bailer in order to avoid segregation or dilution of the sealing materials.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-063-0040
WRD 9-1978, f. 12-12-78, cert. ef. 1-1-79
WRD 3, f. & cert. ef. 2-18-77

Division 225 ENFORCEMENT

Or. Admin. R. 690-225-0020 Investigation of Alleged Violations

(1) The Water Resources Director, upon the Director's own initiative, or upon complaint alleging violation of statutes, standards or rules governing construction, alteration, conversion, or abandonment of wells may cause an investigation to determine whether a violation has occurred. If the investigation indicates that a violation has occurred, the Director shall notify the persons believed responsible for the violation including but not limited to:

(a) Any Water Supply Well Constructor involved; or

(b) The landowner, if the violation involves construction, alteration, operation, or abandonment of a well.

(2) Enforcement and civil penalty assessment for “other than well constructors” is described in OAR 690-260.

(3) See Table 225-2 for a description of the well construction enforcement process.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 537.992, ORS 536.027, ORS 183 & ORS 536.900
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 537.992, ORS 183 & ORS 536.900
WRD 7-2025, minor correction filed 04/04/2025, effective 04/04/2025
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86

Or. Admin. R. 690-225-0030 Enforcement Actions

(1) If, after notice and opportunity for hearing under ORS 183.310 to 183.550 the Director determines that one or more violations have occurred, the Director may take one or more of the following actions:

(a) Provide a specified time for remedy;

(b) Assess a civil penalty in accordance with the schedule of civil penalties in OAR 690-225-0110;

(c) Suspend, revoke, or refuse to renew the licenses when one or more persons responsible for the violation hold a Water Supply Well Constructor's License;

(d) Require that a person whose license has been refused renewal pass the Water Supply Well Constructor’s License examination before a new license is issued;

(e) Impose any reasonable conditions on the Water Supply Well Constructor's License to insure correction of the violation and future compliance with the law. These conditions may include but are not limited to:

(A) Fulfilling any outstanding obligations which are the result of administrative action before the constructor can offer any services or construct, alter, convert, or abandon any well;

(B) Requiring additional advance notice to be given to the Department of construction, alteration, conversion, or abandonment of any well;

(D) Any other conditions the Director feels are appropriate.

(f) Order the landowner to repair or meet other conditions on use of the well, or order discontinuance of use and proper abandonment pursuant to ORS 537.775;

(g) Make demand on the Water Well Constructor's Bond or on the Landowner's Water Well Bond. This may occur only if the Director has given the notice required in OAR 690-225-0020 to the persons responsible for the violation within three years after the date the well report is filed with the Department. If no well report has been filed, the three-year limitation shall not apply until such time as a well report is filed;

(h) Take any other action authorized by law.

(2) An order may specify a schedule of escalating or cumulative sanctions to be assessed on specified dates until satisfactory correction of the violation has been completed.

(3) Any Water Supply Well Constructor whose license is suspended or revoked shall not contract for well construction services or operate well drilling machines in the State of Oregon during the suspension or revocation period.

(4) See Table 225-2 for a description of the well construction enforcement process.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 183.310-183.550, ORS 537.992, ORS 536.027 & ORS 536.900
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 183.310-183.550, ORS 537.992 & ORS 536.900
WRD 6-2025, minor correction filed 04/04/2025, effective 04/04/2025
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86

Or. Admin. R. 690-225-0040 Multiple Violations and Consolidation of Proceedings

In cases of multiple or continuing violations, each occurrence of substantially the same activity and each days continuance of a violation after the responsible party has been notified is a separate and distinct violation. Administrative enforcement proceedings for multiple violations may be consolidated into a single proceeding.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86

Or. Admin. R. 690-225-0050 Factors Affecting Selection of Type and Degree of Enforcement

In selecting the appropriate type and degree of enforcement, the Director may consider the following factors:

(1) Whether the constructor's file demonstrates a pattern of prior similar violations;

(2) Whether the respondent has cooperated in attempting correction of any violation in a timely fashion;

(3) The gravity and magnitude of the violation, including whether there is an immediate or long-term threat to human health or the ground water resource;

(4) Whether the damage to the ground water resource is reversible;

(5) Whether the violation in the instances cited was repeated or continuous;

(6) Whether a cause of the violation was an unavoidable accident;

(7) The opportunity and degree of difficulty to correct the violation;

(8) The cost to the Department, except for travel costs and the initial field investigation, in attempting to gain voluntary compliance of the cited violation. The costs may be considered until the Department receives respondent's answer to the written notice and opportunity for hearing; and

(9) Any other relevant factor.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86

Or. Admin. R. 690-225-0060 Change in Enforcement Status

(1) In the interest of achieving compliance, the Director at any time may reevaluate the status of the violations and take appropriate action, including reduction of the enforcement level or remission of all or part of any civil penalties assessed.

(2) The Director may terminate proceedings against a Water Supply Well Constructor if the constructor provides acceptable evidence that:

(a) The landowner does not permit the constructor to be present at any inspection made by the Director; or

(b) That the constructor is capable of complying with recommendations made by the Director, but the landowner does not permit the constructor to comply. In such cases, the landowner is responsible for bringing the well into compliance pursuant to ORS 537.535, and if the landowner was not a party to the original enforcement proceeding the Director may initiate a proceeding to ensure that the landowner does so.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 13-1986, f. 10-7-86, ef. 11-1-86

Or. Admin. R. 690-225-0100 Assessment of Civil Penalties

Under OAR 690-225-0030(1) the Director may at any time select the most appropriate enforcement tool, including assessment of civil penalties, to gain compliance. However, the Director shall not impose a civil penalty if compliance has been achieved in another manner prior to final decision in the proceeding.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 13-1986, f. 10-7-86, ef. 11-1-86

Or. Admin. R. 690-225-0110 Schedule of Civil Penalties

(1) The amount of civil penalty shall be determined consistent with the following schedule:

(a) Not less than $50 nor more than $250 for each occurrence defined in these rules as a minor violation;

(b) Not less than $200 nor more than $1,000 for each occurrence defined in these rules as a major violation;

(d) Second occurrence, in a calendar year, of a missing or late start card fee shall be $250;

(e) Third, and each subsequent, occurrence, in a calendar year, of a missing or late start card fee shall be $250 and may include suspension of the Water Supply Well Constructor’s license, and any other action authorized by law.

(f) First occurrence, in a calendar year, of a missing or late exempt ground water use recording fee shall be $150;

(g) Second occurrence, in a calendar year, of a missing or late exempt ground water use recording fee shall be $250;

(h) Third, and each subsequent, occurrence, in a calendar year, of a missing or late exempt ground water use recording fee shall be $250 and may include suspension of the Water Supply Well Constructor’s license, and any other action authorized by law.

(2) For purposes of assessing a civil penalty, the start card fee referred to in subsections (1)(c), (d), and (e) of this rule shall not be considered late if it is received in the Salem office of the Water Resources Department within five days of the receipt of the start card, provided the start card was submitted in a timely manner as described in ORS 537.762 and OAR 690-205-0200.

(3) For purposes of assessing a civil penalty, the exempt ground water use recording fee referred to in subsections (1)(f), (g), and (h) of this rule shall not be considered late if it is received in the Salem office of the Water Resources Department within five days of the receipt of the water supply well report, provided the well report was submitted in a timely manner as described in ORS 537.765 and OAR 690-205-0210.

(4) Table 225-1 lists minor violations of well construction standards. All other violations are declared to be major.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.900, ORS 527.992, ORS 183 & ORS 536.027
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900, ORS 527.992 & ORS 183
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 10-1989, f. & cert. ef. 11-20-89
WRD 7-1989(Temp), f. & cert. ef. 9-29-89
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86

Division 230 STANDARDS AND PROCEDURES FOR LOW-TEMPERATURE GEOTHERMAL PRODUCTION AND INJECTION WELLS AND EFFLUENT DISPOSAL SYSTEMS

Or. Admin. R. 690-230-0005 Policy and Purpose

(1) All low-temperature geo-thermal fluids are part of the groundwater resources of the State of Oregon and shall be administered by the Water Resources Commission (Commission) under the provisions of ORS 537.010 to 537.796. The Commission recognizes that these fluids are developed primarily because of their thermal characteristics and that special management is necessary. Reservoir assessment of low-temperature geothermal fluids shall be conducted by the Commission in the same manner as groundwater investigations outlined in ORS 537.665 and 537.685.

(2) In areas where substantial thermal alteration exists, the Commission may declare a critical groundwater area, or may otherwise control use of groundwater, or order the discontinued use, repair or permanent abandonment of a well(s) causing substantial thermal alteration, in order to protect the thermal characteristics of the groundwater resource. The Commission may also regulate appropriations to limit thermal interference between wells. Low-temperature geothermal appropriations with a bottom hole temperature less than 60 degrees Fahrenheit (F) shall not be protected from thermal interference caused by groundwater appropriations for other purposes.

(3) The purpose of the following rules is to provide standards and procedures for the development, use and management of low-temperature geothermal fluids, while insuring proper management of all groundwater resources so maximum beneficial use of the resource will be most effectively attained.

(4) These rules supplement OAR 690-200-0005 to 690-225-0110.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 18-1990, f. & cert. ef. 12-14-90
WRD 13-1986, f. 10-7-86, cert. ef. 11-1-86, Renumbered from 690-065-0005
WRD 5-1986, f. 5-16-86, cert. ef. 5-19-86
WRD 12-1982, f. & cert. ef. 12-14-82

Or. Admin. R. 690-230-0020 Definitions

(1) “Bottom hole temperature” means the maximum temperature measured in the well or borehole. It is normally attained directly adjacent to the producing zone, commonly at or near the bottom of the borehole, and will in all cases be greater than or equal to the temperature of fluid produced from the borehole.

(2) “Low-temperature geothermal effluent” means the outflow, discharge or waste fluid, with its associated dissolved or suspended constituents (being original or introduced), that is produced by a low-temperature geothermal well and its utilization system.

(3) “Low-temperature geothermal fluid” means any groundwater used for its thermal characteristics that is encountered in a well with a bottom hole temperature of less than 250 degrees F, or any other fluid that is circulated within a well having a bottom hole temperature of less than 250 degrees F and used for its thermal characteristics.

(4) “Low-temperature geothermal injection well” means any well as defined under ORS 537.515(9) that is constructed or used for returning low-temperature geothermal effluent to a groundwater reservoir.

(5) “Low-temperature geothermal production well” means any well as defined under ORS 537.515(9) with a bottom hole temperature of less than 250 degrees F that is constructed or used for the thermal characteristics of the fluid contained within.

(6) “Nonstandard low-temperature geothermal effluent disposal system” means any low-temperature geothermal effluent disposal system in which one or more of the following conditions are met:

(a) Any portion of the effluent is disposed of in a manner considered non-beneficial by the Director. This includes, but is not limited to, disposal via storm sewer, drainage hole or direct discharge to land surface or a surface water body;

(b) The effluent contains contaminants, other than heat, that have been added to the low-temperature geothermal fluid;

(c) The effluent is injected into a groundwater reservoir that is not considered suitable by the Director. Factors which may render a groundwater reservoir unsuitable include, but are not limited to, chemical or physical incompatibility of the fluids involved or adverse hydraulic characteristics of the receiving reservoir;

(d) There are other existing or potential site specific problems or conditions, that require the nonstandard designation of effluent disposal. Examples include, but are not limited to, instability of near-surface earth materials, undue alteration of thermal characteristics of groundwater, unreasonable head changes or leakage of effluent back to the surface.

(7) “Secondary use” means the consumption of low-temperature geothermal effluent for beneficial use including, but not limited to, domestic, irrigation, stock watering, commercial and industrial uses.

(8) “Standard low-temperature geothermal effluent disposal system” means any low-temperature geothermal effluent disposal system in which one or more of the following conditions are met:

(a) No contaminants other than heat, have been added to the low-temperature geothermal fluid and the effluent is put to a secondary use;

(b) No contaminants, other than heat, have been added to the low-temperature geothermal fluid and the effluent is returned to the producing groundwater reservoir or other suitable groundwater reservoir as determined by the Director. In addition there are no other existing or potential problems or special conditions as determined by the Director, that include, but are not limited to, those factors, problems and conditions listed in subsections (6)(c) and (d) of this rule.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 18-1990, f. & cert. ef. 12-14-90
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0010
WRD 5-1986, f. 5-16-86, ef. 5-19-86
WRD 12-1982, f. & ef. 12-14-82

Or. Admin. R. 690-230-0030 Construction of Low-Temperature Geothermal Production and Injection Wells

(1) Low-temperature geothermal production and injection wells shall be constructed in conformance with applicable rules (OAR 690-200-0005 to 690-225-0110) with specific additions and modifications as described in OAR 690-230-0005 to 690-230-0140.

(2) Low-temperature geothermal production and low-temperature geothermal injection wells shall be constructed in a manner that protects groundwater from contamination, waste and loss of artesian pressure, and substantial thermal alteration.

(3) If utilization of the well causes heating or cooling of the casing resulting in thermal expansion or contraction of the casing to the point that adherence to the minimum well construction standards will not prevent or eliminate groundwater contamination, groundwater waste, or loss of artesian pressure, or substantial thermal alteration, then the licensed well constructor shall submit a written request to the Director to use alternate construction methods and/or materials to prevent groundwater contamination, groundwater waste, loss of artesian pressure, and substantial thermal alteration. Written approval from the Director must be obtained prior to completion of the well.

(4) A well constructor or owner of a low-temperature geothermal production or injection well may submit well construction plans to the Department for assistance and review of construction details.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 18-1990, f. & cert. ef. 12-14-90
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0015
WRD 12-1982, f. & ef. 12-14-82

Or. Admin. R. 690-230-0040 Location of Low-Temperature Geothermal Injection Wells Not Exceeding 15,000 Gallons Per Day

(1) No low-temperature geothermal injection well with an anticipated injection rate of less than 15,000 gallons per day shall be located within 75 feet of any existing low-temperature geothermal production well utilizing the same groundwater reservoir without authorization from the Director, unless both the production and injection wells are owned or used by the same person.

(2) A request to construct a low-temperature geothermal injection well within 75 feet of a low-temperature geothermal production well shall be made in writing to the Director. The request shall list the names and addresses of the property owners, street addresses of the wells, and shall state the reason(s) for locating the injection well closer than 75 feet to the production well. The Director may approve construction of an injection well closer than 75 feet to a production well only if the Director determines that the hydrologic and thermal conditions described in OAR 690-230-0110(1) justify the closer spacing.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 18-1990, f. & cert. ef. 12-14-90
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0020
WRD 12-1982, f. & ef. 12-14-82

Or. Admin. R. 690-230-0045 Location of Low-Temperature Geothermal Injection Wells Exceeding 15,000 Gallons Per Day

The owner of any low-temperature geothermal injection well having an anticipated injection rate of greater than 15,000 gallons per day is required to have a separation distance between the low-temperature geothermal injection and production wells that is adequate to protect the production wells from substantial thermal interference. The Director shall make a decision on the proposed separation distance based on information supplied by the owner as per OAR 690-230-0115.

History

Statutory/Other Authority: ORS 537
Statutes/Other Implemented: ORS 537
WRD 18-1990, f. & cert. ef. 12-14-90

Or. Admin. R. 690-230-0050 Description of Proposed Well Use (Start Card)

For any low-temperature geo-thermal production or injection well, the report required under ORS 537.762 prior to commencing well construction shall identify the intended use of the well, the owner’s name and the owner’s mailing address.

History

Statutory/Other Authority: ORS l83, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 18-1990, f. & cert. ef. 12-14-90
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0025
WRD 12-1982, f. & ef. 12-14-82

Or. Admin. R. 690-230-0060 Identification of Intended Well Use (Well Log)

Any low-temperature geothermal production or injection well shall be clearly identified as such on the water supply well report filed with the Water Resources Department under ORS 537.765.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 18-1990, f. & cert. ef. 12-14-90
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0025
WRD 12-1989, f. & ef. 12-14-82

Or. Admin. R. 690-230-0070 Well-Head Protection Equipment

Adequate well-head equipment to insure public safety and the protection of the groundwater resource shall be immediately installed on any low-temperature geothermal production well or low-temperature geothermal injection well when the temperature of the fluid being withdrawn from, being pumped from, or flowing from the well bore exceeds 65°C (150°F). A variance from the requirement for well-head protection equipment may be granted if a written request demonstrates that the equipment is not necessary to safely complete the well.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 18-1990, f. & cert. ef. 12-14-90
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0035
WRD 12-1982, f. & ef. 12-14-82

Or. Admin. R. 690-230-0075 Disposal of Low-Temperature Geothermal Fluids Produced During Drilling and Testing

Low-temperature geothermal fluids produced during drilling or testing of a low-temperature geothermal production or injection well shall be disposed of in a manner that minimizes hazards. For additional requirements on the disposal of low-temperature geothermal fluids produced during well drilling or testing, contact the Oregon Department of Environmental Quality.

History

Statutory/Other Authority: ORS 537
Statutes/Other Implemented: ORS 537
WRD 18-1990, f. & cert. ef. 12-14-90

Or. Admin. R. 690-230-0080 Pump Testing of Low-Temperature Geothermal Injection Wells with an Anticipated Injection Rate of Less than 15,000 Gallons Per Day

(1) All low-temperature geothermal injection wells with an anticipated injection rate of less than 15,000 gallons per day shall be pump tested for a period of at least one hour. Test results must be recorded by the well constructor on the water supply well report. This minimum test shall be conducted as follows:

(a) Prior to testing, the static water level in the well shall be measured and recorded;

(b) The water shall be pumped into or from the well at a measured and steady rate. The pumping or withdrawal rate shall approximate the maximum anticipated injection rate;

(d) At a minimum the water level in the well shall be measured and recorded both at the end of pumping and after one hour of recovery.

(2) The Director may require the well owner to provide a more detailed test, separate from the water well report, that could include, but is not limited to, increased frequency of water level measurement, increased test duration and increased monitoring of observation wells. Such modifications will be required when possible impacts resulting from the development include, but are not limited to, thermal or hydrologic interference with existing water rights, water quality degradation or physical or mechanical failure of the well structure.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 18-1990, f. & cert. ef. 12-14-90
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0040
WRD 5-1986, f. 5-16-86, ef. 5-19-86
WRD 12-1982, f. & ef. 12-14-82

Or. Admin. R. 690-230-0085 Pump Testing of Low-Temperature Geothermal Injection Wells with an Anticipated Injection Rate Exceeding 15,000 Gallons Per Day

(1) Low-temperature geothermal injection wells (other than flowing artesian wells) with an anticipated injection rate of greater than 15,000 gallons per day, shall be pump tested for a period of at least four hours. The pump test shall occur after the owner's pump test plan is approved by the Director, and prior to injecting into the well. The results of this test do not need to appear on the water well report. This test shall be in addition to the minimum one-hour test requirement under OAR 690-210-0370. Requirements for conducting the minimum four-hour pump test as discussed in this section (this type of test) are as follows:

(a) Prior to testing, the well shall be idle for a period of at least four hours;

(b) The static water level in the well shall be measured at least three times, no less than twenty minutes apart, during the hour prior to pumping the well;

(c) The water shall be pumped into or from the well at a measured and steady rate. The rate shall approximate the maximum anticipated injection rate;

(d) The pump discharge shall be controlled as much as possible to maintain a constant rate during the test. The discharge rate shall be as close as reasonably possible to the anticipated injection rate during normal use of the well. Discharge rate shall be recorded at the beginning of the test and once every hour thereafter;

(e) Water levels in the well shall be physically measured by a standard and acceptable method. Visual estimation of water level is not acceptable. Acceptable methods include:

(A) An electric water level measuring tape;

(B) An air line dedicated to the well;

(D) An electronic pressure transducer; or

(E) Other water level measuring methods approved in advance by the Director.

(f) The water level measurements shall occur at least at the minimum frequency outlined below: Time period — Water level measurement schedule

(i) First 10 minutes — No more than 2 minutes apart.

(ii) 10 to 30 minutes — No more than 5 minutes apart.

(iii) 30 to 100 minutes — No more than 15 minutes apart.

(iv) 100 to 240 minutes — No more than 30 minutes apart.

(g) After pumping stops, water level measurements shall be collected for a time equal to that of the pumping period, or until the well reaches 90 percent recovery from the maximum drawdown, whichever occurs first. Recovery water level measurements shall be collected on the same time schedule as described in subsection (1)(f) of this rule;

(h) The pump discharge shall be physically measured by a standard and acceptable method. Visual estimation of flow rate is not acceptable. Acceptable methods include:

(A) A properly installed flow meter, designed for geothermal use, which is functional and calibrated within reasonable limits for the type of meter;

(B) A properly installed weir or flume;

(D) Known volume/time calculations (including calibrated bucket and stopwatch up to 60 gallons per minute);

(E) Properly installed and used ultrasonic flow measuring devices; or

(F) Other discharge methods approved in advance by the Director.

(2) The owner may consult with the Department before selecting representative nearby wells for monitoring during the pump test. If monitoring wells are selected in absence of specific instructions from the Department, the measurement of water levels in each well shall adhere to the schedule established in subsection (1)(f) of this rule.

(3) The Director may require the owner of the well to have a pump test performed that is more detailed than the test requirements described in sections (1) and (2) of this rule. This more detailed test could include, but is not limited to, increased frequency of water level measurements, increased test duration and increased monitoring of observation wells. Such modifications will be required when possible impacts resulting from the proposed injection include, but are not limited to, thermal or hydrologic interference with existing water rights, water quality degradation or physical or mechanical failure of the well structure.

(4) For flowing artesian wells, pump test specifications shall be prescribed by the Department on a case-by-case basis.

History

Statutory/Other Authority: ORS 537
Statutes/Other Implemented: ORS 537
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 18-1990, f. & cert. ef. 12-14-90

Or. Admin. R. 690-230-0090 Water Temperature Measurement

The water supply well report prepared for any low-temperature geothermal well that is tested by pumping water from the well, shall include the temperature of the fluid as measured at the discharge point at the beginning and end of a timed production test as well as the maximum fluid temperature attained during the test. Bailing or pumping the well are acceptable methods of withdrawing water from the well during the test. Air testing is not acceptable.

(2) The well report prepared for any low-temperature geothermal well that is tested by pumping water into the well shall include the maximum temperature in the borehole and its corresponding depth.

(3) The well constructor is required to provide the temperature data on the water well report. The Director may use other temperature data in making the final determination of the bottom hole temperature.

History

Statutory/Other Authority: ORS 183, 536, 637 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 18-1990, f. & cert. ef. 12-14-90
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0045
WRD 5-1986, f. 5-16-86, ef. 5-19-86
WRD 12-1982, f. & ef. 12-14-82

Or. Admin. R. 690-230-0100 Additional Standards for Low-Temperature Geothermal Injection Wells

Procedures required to inject effluent into a low-temperature geothermal injection well shall not cause failure of the well casing and/or seal materials or other components of the well structure, including but not limited to, movement, displacement or fracturing of the overburden.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 18-1990, f. & cert. ef. 12-14-90
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0050
WRD 5-1986, f. 5-16-86, ef. 5-19-86
WRD 12-1982, f. & ef. 12-14-82

Or. Admin. R. 690-230-0110 Injection Plan for Wells with an Anticipated Injection Rate Not Exceeding 15,000 Gallons Per Day

No low-temperature geothermal injection well shall be used for injection without approval of the Director in accordance with OAR 690-210-0070. The injection plan for the proposed injection of less than 15,000 gallons per day to a low-temperature geothermal injection well will consist of a water well report for both the injection and production wells. These well reports shall be sent to the Director for review. If the injection well has not yet been constructed, or if a water supply well report is not available for the injection or production well, acceptable data that shall be submitted as part of the injection plan include, but are not limited to, the following: geological information of the area, depth of the well(s) in question, water well reports from nearby wells, static water level data or water quality data from the well(s) in question. After review of the well reports, or other acceptable data, the Director may require water quality testing, as per OAR 690-230-0115(1) and (2), if the Director deems it necessary. The water quality testing may be required in situations that include, but are not limited to, injection into a ground water reservoir that is different from the producing ground water reservoir, or when the well is of poor construction.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 18-1990, f. & cert. ef. 12-14-90
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0055
WRD 12-1982, f. & ef. 12-14-82

Or. Admin. R. 690-230-0115 Injection Plan for Wells with an Anticipated Injection Rate Exceeding 15,000 Gallons Per Day

(1) Details of well construction, including water supply well reports for the production well and the injection well.

(2) Description of the number and location of water bearing zones from both production and injection wells.

(3) Water temperature data from both the production and injection wells.

(4) Water level data from both the production and injection wells. If information from the well report is not sufficient to determine the effects of injection, the Director may require additional geologic or hydrologic information, including but not limited to, temperature/depth logs of the wells.

(5) Water quality information including analysis by a laboratory certified by the Oregon Health Division for drinking water standards for the following parameters: arsenic, boron, calcium, carbonate or bicarbonate, chloride, fluoride, iron, magnesium, manganese, pH, potassium, silica, sodium, specific conductance, sulfate, suspended solids, total dissolved solids, and total coliform bacteria. If the low-temperature geothermal effluent is suspected to be of poor water quality or to be otherwise incompatible with the water in the receiving zone in the injection well, the Director may require additional specific water quality data. If the information on the well reports for the wells involved is not sufficient to determine the effects of injection, the Director may require additional geologic or hydrologic information, including but not limited to, temperature/depth logs of the wells. The Director may waive the requirement for specific portions or all of the chemical analyses if the fluid quality is known to be suitable for the intended production and injection.

(6) A map indicating the location and elevation of both the production well and the injection well in accordance with OAR 690-230-0045. 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. The well owner shall submit injection plans to the Director indicating proposed separation distances between production and injection wells on the parcel of land on which the production well is located, on the parcel of land on which the injection well is located, and on all adjacent parcels of land, as well as land surface elevation at each well head.

(7) Any planned safeguards to prevent substantial thermal or hydrologic interference with existing rights to appropriate ground water and surface water and alteration of existing or potential drinking water supplies.

History

Statutory/Other Authority: ORS 537
Statutes/Other Implemented: ORS 537
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 18-1990, f. & cert. ef. 12-14-90

Or. Admin. R. 690-230-0120 Water Rights Procedure Processing of Applications

The appropriator shall make application for a water right to appropriate low-temperature geothermal fluid unless an exemption is provided for under ORS 537.545.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 18-1990, f. & cert. ef. 12-14-90
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0060
WRD 12-1982, f. & ef. 12-14-82

Or. Admin. R. 690-230-0130 Exemption from Water Right Permit Application/Use of Low-Temperature Geothermal Fluid

(1) Low-temperature geothermal fluid appropriation for single industrial or commercial use including, but not limited to, electrical, agricultural, aquacultural, heating and/or cooling in an amount not exceeding 5,000 gallons per day shall be exempt from application for a water right as provided for under ORS 537.545.

(2) Low-temperature geothermal fluid appropriation for single or group domestic purposes including household heating and/or cooling shall be exempt from being required to apply for a water right as provided for under ORS 537.545 when the combined amount of groundwater for single or group domestic purposes, including household heating and/or cooling, does not exceed 15,000 gallons per day. Construction must comply with well construction and maintenance rules as per OAR 690-200-0230.

(3) The exemptions under sections (1) and (2) of this rule apply to the use of groundwater for any such purpose to the extent that it is beneficial and constitutes a right to appropriate groundwater equal to that established by a groundwater right certificate.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 18-1990, f. & cert. ef. 12-14-90
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0065
WRD 12-1982, f. & ef. 12-14-82

Or. Admin. R. 690-230-0140 Water Right Limitation for Nonstandard Effluent Disposal Systems

If the low-temperature geothermal effluent is disposed of by way of a nonstandard low-temperature geothermal effluent disposal system, the right to appropriate the low-temperature geothermal fluid shall be inferior to all subsequent rights for beneficial consumptive use and/or to the rights of those appropriators who make use of a standard low-temperature geothermal effluent disposal system. If a nonstandard low-temperature geothermal effluent disposal system is upgraded to a standard low-temperature geothermal effluent disposal system the associated water right retains the priority date established upon initial filing.

History

Statutory/Other Authority: ORS 183, 536, 537 & 540
Statutes/Other Implemented: ORS 183, 536, 537 & 540
WRD 18-1990, f. & cert. ef. 12-14-90
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-065-0070
WRD 12-1982, f. & ef. 12-14-82

Division 235 GROUNDWATER ADVISORY COMMITTEE

Or. Admin. R. 690-235-0005 Groundwater Advisory Committee: Appointments, Terms, and Qualifications

(1) There is created the Groundwater Advisory Committee consisting of nine members appointed by the Commission: Three of whom shall be individuals actively engaged in some aspect of the water supply or monitoring well drilling industry. Members shall be residents of Oregon.

(2) Each member shall be appointed for a term of up to three years. When a vacancy occurs before the expiration of a term, the vacancy shall be filled by appointment for the remainder of the unexpired term only. Terms shall be staggered. Three of the terms shall expire each year.

(3) The Commission shall consider geographic representation, population representation, as well as a range of interests and expertise in the selection of members. The committee shall be composed of individuals with expertise in and representing interests of one or more of the following: well drilling industry, hydrogeology, irrigation, local government, Indian Tribes, environment, public health, industry, commerce, water project development, watershed enhancement, instream flow, agriculture, well pump installation, exempt groundwater users, any other category with a groundwater interest. The Commission shall give consideration to individuals with multiple category backgrounds.

(4) Officers of Committee: The Committee shall select one of its members as Chair and another as Vice-Chair. Maximum terms of officers shall be two years for each position within six consecutive years.

(5) Meetings of the Committee: The Committee shall meet at least once every three months at locations specified by the Director.

(6) Members may receive travel expenses subject to ORS 292.495.

(7) The Department shall solicit candidates for the committee in anticipation of an appointment. The Department shall mail notice seeking candidates to all persons and organizations which have filed with the Department a written request to be included on the mailing list maintained for the Groundwater Advisory Committee. Appointments to the committee are not limited to individuals submitted for consideration as a result of the solicitation process set forth above.

History

Statutory/Other Authority: ORS 536.090
Statutes/Other Implemented: ORS 536.090
WRD 10-2025, minor correction filed 06/26/2025, effective 06/26/2025
WRD 4-1997, f. & cert. ef. 8-29-97
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 7-1988, f. & cert. ef. 6-29-88
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-064-0005
WRD 9, f. & ef. 12-9-77

Or. Admin. R. 690-235-0020 Groundwater Advisory Committee Duties

The Committee shall consider and advise the Commission on all matters relating to:

(1) Rules, legislation, and public policy for the development, securing, use, and protection of groundwater.

(2) Licensing of well constructors, including the examination of such persons for license.

(3) Review the proposed expenditure of all revenues generated under ORS 537.762(5). At least once a year, and before the expenditure of such funds on new program activities, the Water Resources Department and the Committee shall develop jointly a proposed expenditure plan for concurrence by the Water Resources Commission. The plan may be modified, if necessary, upon the joint recommendation of the Department and the Committee with concurrence by the Commission.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 9-2025, minor correction filed 06/26/2025, effective 06/26/2025
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 13-1986, f. 10-7-86, ef. 11-1-86, Renumbered from 690-064-0010
WRD 9, f. & ef. 12-9-77

Division 240 CONSTRUCTION, MAINTENANCE, ALTERATION, CONVERSION AND ABANDONMENT OF MONITORING WELLS, GEOTECHNICAL HOLES AND OTHER HOLES IN OREGON

Or. Admin. R. 690-240-0005 Introduction

(1) Monitoring wells and geotechnical holes drilled to allow ground water and geologic determinations are constructed in a variety of environments and under a variety of conditions. Improper construction, maintenance, operation, and abandonment can allow deterioration of ground water quality and supply. Although enforcement actions may be exercised against other parties, the landowner of the property where the monitoring well or geotechnical hole is constructed is ultimately responsible for the condition, use, maintenance, conversion, and abandonment of the monitoring well, or geotechnical hole.

(2) Holes other than monitoring wells, water supply wells, or geotechnical holes which are drilled, excavated, or otherwise constructed in the earth's surface can also provide an avenue for deterioration of ground water quality. Improper construction, maintenance, use, and abandonment of other holes can pose a significant risk to ground water. Table 240-1 lists common subsurface borings and indicates which administrative rule governs the construction, conversion, maintenance, alteration, and abandonment of the boring.

(3) Ground water problems are difficult, expensive, and time consuming to correct. The Water Resources Commission (Commission) has been authorized to develop standards for wells drilled for the purpose of monitoring ground water in order to protect the state's ground waters. The Commission has also been authorized to develop standards for other holes through which ground water may become contaminated. The rules set forth herein are adopted to provide that protection. Their purpose is to prevent and eliminate ground water contamination, waste, and loss of artesian pressure.

(4) The Commission may develop additional rules as needed prescribing standards for the construction, operation, maintenance, and abandonment of other specific types of wells and holes to protect ground water.

(5) Except for the Commission's power to adopt rules, the Commission may delegate to the Water Resources Director the exercise or discharge in the Commission's name of any power, duty or function of whatever character, vested in or imposed by law upon the Commission. The official act of the Director acting in the Commission's name and by the Commission's authority shall be considered to be an official act of the Commission. The Commission delegates to the Director full authority to act in the Commission's name where that delegation is reflected in these rules.

(6) Under the provisions of ORS 537.780, the Commission is authorized to adopt such procedural rules and regulations as deemed necessary to carry out its function in compliance with the Ground Water Act of 1955. In fulfillment of these responsibilities and to ensure the preservation of the public welfare, safety, and health, the Commission has established these rules and regulations as the minimum standards for the construction, alteration, abandonment, conversion, and maintenance of monitoring wells in Oregon.

(7) Monitoring wells are wells as defined in ORS 537.515(9). A license and licensing fee, bond, examination, well report, and start card are required for construction, conversion, alteration, or abandonment of a monitoring well. In addition, a start card fee is required for new construction, deepening a well, and conversion.

(8) To protect the ground water resource, the Commission has the authority to regulate geotechnical holes under ORS 537.780(1)(c)(A). Construction of geotechnical holes requires either a Water Supply Well Constructor or Monitoring Well Constructor's License or Oregon registration as a geologist or civil engineer. If any one of the criteria in OAR 690-240-0035(2)(a)–(d) is met, a geotechnical hole report must be submitted.

(9) To protect the ground water resource, the Commission has the authority, under ORS 537.780(1)(c)(A), to regulate any hole through which ground water may be contaminated. Construction of holes other than water supply wells and monitoring wells does not require a license and licensing fee, bond, examination, well report, start card, and start card fee.

(10) Holes constructed under ORS Chapters 517, 520, and 522, and rules promulgated from those statutes, are the responsibility of the Oregon Department of Geology and Mineral Industries and are not subject to these rules. These include, but are not limited to, holes constructed for the purposes of exploring for, or producing, petroleum, minerals, or geothermal resources.

(11) The rules and regulations set forth herein shall become effective upon adoption by the Water Resources Commission.

(12) Under no circumstances shall a monitoring well, piezometer, geotechnical hole, or other hole be constructed in a manner that allows commingling or leakage of ground water by gravity flow or artesian pressure from one aquifer to another. (See definition of aquifer.)

(13) The rules and regulations set forth herein provide the minimum standards for the construction, conversion, alteration, maintenance, and abandonment of monitoring wells, geotechnical holes, and other holes. After the effective date of adoption of these rules and regulations, no monitoring well, geotechnical hole, or other hole shall be constructed, altered, converted, or abandoned contrary to the provisions of these rules and regulations without prior approval from the Water Resources Department. Violation of these standards may result in enforcement under OAR chapter 690, division 240, including suspension or revocation of a constructor's license, imposition of civil penalties on the landowner or constructor, action on a bond, or other sanctions authorized by law.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.900, ORS 536.027 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 1-2017, f. & cert. ef. 2-16-17
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 5-2015, f. & cert. ef. 7-1-15
WRD 3-2014, f. & cert. ef. 11-25-14
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 4-2004, f. & cert. ef. 6-15-04
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 14-1990, f. & cert. ef. 8-9-90

Or. Admin. R. 690-240-0006 Special Standards

(1) Site conditions may require specific design, construction, and abandonment procedures to adapt to the existing local geologic and ground water conditions to fully utilize every natural protection to the state’s ground water. Specific site conditions may require different design, construction, setback, or abandonment standards than required by the Monitor Well or Geotechnical Hole construction rules. Alternative technologies or methods not addressed in these rules may also exist which could be effectively utilized in the construction or abandonment of a monitoring well or geotechnical hole. Prior to the completion of the well, a bonded constructor must request and receive approval from the Department to use methods or materials that do not meet the monitoring well or geotechnical hole construction standards. The Department may approve such requests either orally or in writing. If oral approval is granted, the written request must be submitted to the Department within three working days of the date of the oral approval. Failure to submit a written request as described above may void the prior oral approval. The proposed methods or materials shall provide at least the same level of resource protection as that which is provided by these rules.

(2) The written request for special standards shall include:

(a) Name, license number and signature of the bonded well constructor;

(b) Location of the well by county, township, range, section, tax-lot (if assigned), 1/4, 1/4 section, and Latitude and Longitude as established by a global positioning system;

(d) Address of the project/well site;

(e) Type of work;

(f) The reasons(s) that conformance to the rules and regulations for monitoring wells or geotechnical holes cannot be met;

(g) A diagram and written description showing the proposed monitoring well or geotechnical hole’s design, construction, or abandonment;

(h) The well identification number, if assigned;

(i) The start card number;

(j) If the request is to abandon a monitoring well in-place, then the most current water quality analytical data shall also be provided;

(k) Oregon Department of Environmental Quality site or facility identification number and no further action (NFA) decision, if applicable; and

(l) Any associated well report numbers if special standard request is for alteration or abandonment.

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
Renumbered from 690-240-0140 by WRD 7-2001, f. & cert. ef. 11-15-01
WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 14-1990, f. & cert. ef. 8-9-90

Or. Admin. R. 690-240-0007 Special Area Standards

If at any time, the Commission finds that different or supplemental standards are required for the safe development of ground water from any aquifer or area, special area standards for the construction and maintenance of monitoring wells, geotechnical holes, or other holes within such areas may be adopted as rules by the Commission. In the absence of such special area standards, these rules constitute the sole administrative standards of the Water Resources Department governing construction, conversion, maintenance, alteration, and abandonment of monitoring wells, geotechnical holes and other holes.

History

Statutory/Other Authority: ORS 537.780
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95

Or. Admin. R. 690-240-0010 Definitions

The following definitions apply to terms as used in monitoring well, geotechnical hole and other hole rules, OAR 690-240-0005 to 690-240-0640. No other definitions of these same words apply:

(1) "Abandonment, Permanent" means to remove all or any portion of a monitoring well from service by filling it in such a manner that vertical movement of water within the well bore and within the annular space surrounding the well casing is effectively and permanently prevented. This term is synonymous with "decommission".

(3) "Altering a Well" means the deepening, re-casing, perforating, re-perforating, installation of packers or seals, and other material changes in the design or construction of a well. Material changes include but are not limited to the installation or modification of well casing including casing extensions, or installation or modification of liner pipe, or under reaming of the borehole.

(4) "Annular Space" means the space between the drillhole wall and the outer well casing.

(5) "Aquifer" means a geologic formation, group of formations, or part of a formation that contains saturated and permeable material capable of transmitting water in sufficient quantity to supply wells or springs and that contains water that is similar throughout in characteristics such as potentiometric head, chemistry, and temperature. (Figure 240-1)

(6) "Area of Known or Reasonably Suspected Contamination" means a site that is currently under investigation by the Oregon Department of Environmental Quality, U.S. Environmental Protection Agency, or other state or federal agency for the presence of contaminants, or a site where a prudent person would suspect contamination after conducting an appropriate inquiry consistent with good commercial or customary practice as to the nature of the property.

(7) "Artesian Aquifer" means a confined aquifer in which groundwater is under sufficient head to rise above the level at which it was first encountered whether or not the water flows at land surface. If the water level stands above land surface the well is a flowing artesian well. (Figure 240-1).

(8) "Artesian Monitoring Well" means a monitoring well in which groundwater is under sufficient pressure to rise above the level at which it was first encountered, whether or not the water flows at land surface. If the water level stands above land surface the well is a flowing artesian monitoring well.

(9) "Bored Well" means a well constructed with the use of earth augers turned either by hand or by power equipment.

(10) "Casing" means the outer tubing, pipe, or conduit, welded or thread coupled, and installed in the borehole during or after drilling to support the sides of the well and prevent caving. Casing can be used, in conjunction with proper seal placement, to shut off water, gas, or contaminated fluids from entering the hole, and to prevent waste of groundwater.

(11) "Casing Seal" means the water tight seal established in the well bore between the well casing and the drillhole wall, above the filter pack seal, to prevent the inflow and movement of surface water or shallow groundwater in the well annulus, or to prevent the outflow or movement of water under artesian or hydrostatic pressures. This term is synonymous with “annular seal” or “surface seal”.

(12) "Civil Engineer" means an individual registered by the State of Oregon to practice civil engineering.

(13) "Clay" means a fine-grained, inorganic material having plastic properties and with a predominant grain size of less than 0.002 mm.

(14) “Closed Loop Ground Source Heat Pump Boring” means a geotechnical hole, cased or uncased, constructed for the purpose of installing a closed loop heat exchange system for a ground source heat pump.

(15) "Commission" means the Oregon Water Resources Commission.

(16) "Committee" means the Oregon Ground Water Advisory Committee created by ORS 536.090.

(17) "Confining Interval " means a low permeability material such as clay or solid, unfractured, consolidated rock immediately overlying an artesian (confined) aquifer. (Figure 240-1)

(18) "Consolidated Formation" means materials that have become firm through natural rock-forming processes. It includes, but is not limited to, materials such as basalt, sandstone, shale, hard claystone, and granite.

(19) "Contamination" means any chemical, ion, radionuclide, synthetic organic compound, microorganism, waste or other substance that does not occur naturally in groundwater or that occurs naturally but at a lower concentration.

(20) "Continuing Education" means that education required as a condition of licensure under ORS 537.747, to maintain the skills necessary for the protection of groundwater, the health and general welfare of the citizens of Oregon and the competent practice of the construction, alteration, abandonment, conversion, and maintenance of water supply wells, monitoring wells, and geotechnical holes.

(21) "Continuing Education Committee" means the Well Constructor Continuing Education Committee authorized under Chapter 496, Oregon Laws 2001 (ORS 537.765).

(22) "Continuing Education Course" means a formal offering of instruction or information to licensees that provide continuing education credits.

(23) "Continuing Education Credit" (CEC) means a minimum of 50 minutes of instruction or information approved by the Continuing Education Committee.

(24) "Converting" a well means changing the use of an existing well or hole not previously used to either withdraw or monitor water such that the well or hole can be used to either withdraw or monitor water.

(25) "Deepening a well" means extending the well bore of an existing well through previously undisturbed native material. Deepening is a type of alteration.

(26) "Department" means the Oregon Water Resources Department.

(27) "Director" means the Director of the Department or the Director's authorized representatives.

(28) "Documentation of Completion" means written evidence or documentation demonstrating attendance and completion of a continuing education course, including but not limited to: a certificate of completion, diploma, transcript, certified class roster, or other documentation as approved by the Continuing Education Committee.

(29) "Dug Well" means a well in which the excavation is made by the use of digging equipment such as backhoes, clam shell buckets, or sand buckets. (See Hand dug well)

(30) "Excavation" means a free-standing cavity with greater width than depth constructed in the earth's surface which has a primary purpose other than seeking water or water quality monitoring.

(31) "Figure", when used herein, refers to an illustration and is made a part of the primary article and section by reference.

(32) "Filter Pack" means the granular material placed in the annular space between the well screen and the borehole.

(33) "Filter Pack Seal" means the fine grained sand or dry bentonite which is placed in the annulus above the filter pack and prevents grout infiltration into the filter pack.

(34) "Geologic Formation" means an igneous, sedimentary or metamorphic material that is relatively homogeneous and is sufficiently recognized as to be distinguished from the adjacent material. The term is synonymous with "formation".

(35) "Geologist" means an individual registered by the State of Oregon to practice geology.

(36) "Geotechnical hole" means a hole constructed to collect or evaluate subsurface data or information, monitor movement of landslide features, or to stabilize or dewater landslide features. “Geotechnical hole” includes closed loop ground source heat pump borings. Geotechnical holes are not monitoring wells or water supply wells as defined below. Various classes and examples of geotechnical holes are listed in OAR 690-240-0035(6)–(9)

(37) "Grout" means approved cement, concrete or bentonite sealing material used to fill an annular space of a well or to abandon a well.

(38) "Grout Pipe" means a pipe which is used to place grout at the bottom of the sealing interval of a well.

(39) "Hand dug well" means a well in which the excavation is only made by the use of picks, shovels, spades, or other similar hand operated implements. (See Dug Well)

(40) "Hazardous Materials Training" means training as defined by OAR 437-002-0100 Adoption by Reference Subdivision H Hazardous Materials 1910.120 Hazardous Waste Operations and Emergency Response.

(41) "Hazardous Waste" means a substance as defined by ORS 466.005.

(42) "Health Hazard" means a condition where there are sufficient concentrations of biological, chemical, or physical, including radiological, contaminants in the water that are likely to cause human illness, disorders, or disability. These include, but are not limited to naturally occurring substances, pathogenic viruses, bacteria, parasites, toxic chemicals, and radioactive isotopes. Sufficient concentrations of a contaminant include but are not limited to contaminant levels set by the Oregon Department of Environmental Quality and Oregon Health Division.

(43) "Health Threat" means a condition where there is an impending health hazard. The threat may be posed by, but not limited to: a conduit for contamination, or a well affecting migration of a contaminant plume, or the use of contaminated water. A well in which the construction is not verified by a monitoring well report or geophysical techniques may be considered a conduit for contamination in certain circumstances. Those circumstances include, but are not limited to: an unused and neglected well or a well for which no surface seal was required. A well in which the casing seal, filter pack seal, or watertight cap has failed, or was inadequately installed may be considered a conduit for contamination.

(44) "Horizontal Well" means a well that intentionally deviates more than 20 degrees from true vertical at any point.

(45) "Hydrologic Cycle" is the general pattern of water movement by evaporation from sea to atmosphere, by precipitation onto land, and by return to sea under influence of gravity.

(46) "Jetted Well" means a well in which the drillhole excavation is made by the use of a high velocity jet of water.

(47) "Leakage" means movement of surface and/ or subsurface water around the well casing or seal.

(48) "Monitoring Well" means a well designed and constructed to determine the physical (including water level), chemical, biological, or radiological properties of groundwater.

(49) "Monitoring Well Constructor" means any person who has a current monitoring well constructor’s license.

(50) "Monitoring Well Constructor's License" means a Water Well Constructor's License with a monitoring well endorsement issued in accordance with ORS 537.747(3) or with a monitoring well temporary authorization endorsement issued in accordance with ORS 537.747 (3), ORS 670.400, and ORS 670.403.

(51) "Monitoring Well Drilling Machine" means any driving, jetting, percussion, rotary, boring, auguring, digging, or other equipment used in the construction, alteration, or abandonment of monitoring wells.

(52) "Order" means any action satisfying the definition given in ORS Chapter 183 or any other action so designated in ORS 537.505 to 537.795.

(53) "Other Hole" means a hole other than a water supply well, monitoring well, or geotechnical hole, however constructed, in naturally occurring or artificially emplaced earth materials through which groundwater can become contaminated. Holes constructed under ORS Chapters 517, 520, and 522 are not subject to these rules. Examples of other holes are listed in OAR 690-240-0030.

(54) "Perched Groundwater" means groundwater held above the regional or main water table by a less permeable underlying earth or rock material. (Figure 240-1)

(55) "Permeability" means the ability of material to transmit fluid, usually described in units of gallons per day per square foot of cross-section area. It is related to the effectiveness with which pore spaces transmit fluids.

(56) "Person" includes individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agencies thereof, and the Federal Government and any agencies thereof.

(57) "Petcock Valve" is a valve used to contain pressure which when opened will drain the line or pipe.

(58) "Petroleum" means gasoline, crude oil, fuel oil, diesel oil, lubricating oil, oil sludge, oil refuse, and crude oil fractions and refined petroleum fractions, including gasoline, kerosene, heating oils, diesel fuels, and any other petroleum-related product or waste or fraction thereof that is liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute. "Petroleum" does not include any substance identified as a hazardous waste under 40 CFR Part 261.

(59) "Piezometer" means a type of monitoring well designed solely to obtain groundwater levels. Piezometers are prohibited in areas of known or reasonably suspected contamination. This term is synonymous with observation well.

(60) "Porosity" means the ratio of the volume of voids in the geologic formation being drilled to the overall volume of the material without regard to size, shape, interconnection, or arrangement of openings.

(61) "Potable Water" means water which is sufficiently free from biological, chemical, physical, or radiological impurities so that users thereof will not be exposed to or threatened with exposure to disease or harmful physiological effects.

(62) "Potentiometric Surface" means the level to which water will rise in tightly cased wells. (Figure 240-1).

(63) "Pressure Grouting" means a process by which grout is confined within the drillhole or casing by the use of retaining plugs or packers and by which sufficient pressure is applied to drive the grout slurry into the annular space or zone to be grouted.

(64) "Professional" means a person licensed or registered by the State of Oregon to construct monitoring wells, water supply wells, or practice geology or civil engineering. All licenses and registrations must be valid at the time of monitoring well, water supply well or geotechnical hole construction, alteration or abandonment as required by these rules.

(65) "Public-at-Large" means a person not actively engaged in the well industry.

(66) "Refusal to Renew" means a provision in an order, or as allowed by ORS 537.747, that prohibits renewal of a well constructor's license, for a specified term not to exceed one year from the expiration date of the current license.

(67) "Remediation Well" means a well used for extracting contaminated groundwater from an aquifer. This term is synonymous with "extraction well" and "recovery well".

(68) "Respondent" means the person against whom an enforcement action is taken.

(69) "Responsible Party" means the person or agency that is in charge of construction or maintenance, or the landowner of record and is either in violation as specified in a notice of violation or who may benefit from that violation.

(70) "Rough Drilling Log" means a record kept on the well site of the information needed to complete the well report for the well being constructed.

(71) "Revoke" means termination of a well constructor's license.

(72) "Sand" means a material having a prevalent grain size ranging from 2 millimeters to 0.06 millimeters.

(73) "Silt" means an unconsolidated sediment composed predominantly of particles between 0.06 mm and 0.002 mm in diameter.

(74) "Slope Stability Geotechnical Hole" means a geotechnical hole excavated, drilled or bored for studying and/or monitoring movement of landslide features, including water levels, or other mass-wasting features to detect zones of movement and establish whether movement is constant, accelerating, or responding to remedial measures. Hole(s) excavated, drilled or bored for the purpose of slope remediation or stabilization shall be considered a slope stability geotechnical hole. Slope stability geotechnical holes are not monitoring wells, piezometers, or water supply wells.

(75) "Sponsor" means an institution, professional organization, individual, or business that offers continuing education courses to licensees. This term is synonymous with provider.

(76) "Static Water Level" means the stabilized level or elevation of water surface in a well not being pumped.

(77) "Sump" means a hole dug to a depth of ten feet or less with a diameter greater than ten feet in which groundwater is sought or encountered.

(78) "Suspension" means the temporary removal of the privilege to construct wells under an existing license for a period of time not to exceed one year.

(79) "Unconsolidated Formation" means naturally occurring, loosely cemented, or poorly indurated materials including clay, sand, silt, and gravel.

(80) "Underground Injection" means the emplacement or discharge of fluids to the subsurface.

(81) "Underground Injection System" means a well, improved sump, sewage drain hole, subsurface fluid distribution system, or other system or groundwater point source used for the emplacement or discharge of fluids.

(82) "Upper Oversize Drillhole" means that part of the well bore extending from land surface to the bottom of the surface seal interval.

(83) "Violation" means an infraction of any statute, rule, standard, order, license, compliance schedule, or any part thereof and includes both acts and omissions.

(84) "Water Supply Well" means a well, other than a monitoring well, that is used to beneficially withdraw or beneficially inject groundwater. Water supply wells include, but are not limited to, community, dewatering, domestic, irrigation, industrial, municipal, and aquifer storage and recovery wells.

(85) "Water Supply Well Constructor" means any person who has a current water supply well constructor's license.

(86) "Water Supply Well Constructor's License" means a Water Well Constructor's License with a water supply well endorsement issued in accordance with ORS 537.747(3) or with a water supply well temporary authorization endorsement issued in accordance with ORS 537.747 (3), ORS 670.400, and ORS 670.403.

(87) "Water Table" means the upper surface of an unconfined water body, the surface of which is at atmospheric pressure and fluctuates seasonally. The water table is defined by the levels at which water stands in wells that penetrate the water body. (See Figure 240-1)

(88) "Water Well Constructor's License" means a license to construct, alter, deepen, abandon or convert wells issued in accordance with ORS 537.747(3). Endorsements are issued to the license and are specific to the type of well a constructor is qualified to construct, alter, deepen, abandon or convert.

(89) "Well" means any artificial opening or artificially altered natural opening, however made, by which groundwater is sought or through which groundwater flows under natural pressure, or is artificially withdrawn or injected. This definition shall not include a natural spring, or wells drilled for the purpose of exploration or production of oil or gas. Prospecting or exploration for geothermal resources as defined in ORS 522.005 or production of geothermal resources derived from a depth greater than 2,000 feet as defined in ORS 522.055 is regulated by the Department of Geology and Mineral Industries.

(90) “Wet Soil Monitoring Hole” means a shallow geotechnical hole set vertically in the ground and constructed to a depth of three and one-half feet or less for studying and/or monitoring the upper portion of the shallowest water-bearing unit within and immediately below the surface soil horizon.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900, ORS 537.992, ORS 670.400 & ORS 670.403
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900, ORS 537.992, ORS 670.400 & ORS 670.403
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 2-2012, f. & cert. ef. 2-2-12
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 4-2004, f. & cert. ef. 6-15-04
WRD 1-2003, f. & cert. ef. 3-14-03
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 14-1990, f. & cert. ef. 8-9-90

Or. Admin. R. 690-240-0011 Organic Materials

Organic materials which foster or promote undesired organic growth or have the potential to degrade water quality shall not be employed in the construction of a well. This includes, but is not limited to, brans, hulls, grains, starches, and proteins.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01

Or. Admin. R. 690-240-0012 Public Safety

No monitoring well, geotechnical hole, or other hole shall be constructed, maintained, or abandoned in such a manner as to constitute a health threat, or health hazard or a menace to public safety.

History

Statutory/Other Authority: ORS 737.780
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95

Or. Admin. R. 690-240-0013 Wells Cannot Be Used for Disposal of Contaminants

No monitoring well, geotechnical hole, or other hole shall be used as a disposal pit for sewage, industrial waste, or other materials that could contaminate the ground water supply.

History

Statutory/Other Authority: ORS 537.780
Statutes/Other Implemented: Stats. Implemented.:
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95

Or. Admin. R. 690-240-0014 Water Used Must be Potable

All water used in the construction, alteration, repair or abandonment of monitoring wells and geotechnical holes shall be potable.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01

Or. Admin. R. 690-240-0015 Delegation of Responsibility for Monitoring Wells, Geotechnical Holes and Other Holes

(1) The Director may, by memorandum of understanding, delegate to another state agency direct control and management of monitoring wells, geotechnical holes and other holes when the other state agency implements these standards, as a minimum, for the construction, operation, maintenance, and abandonment of monitoring wells, geotechnical holes and other holes.

(2) Such delegation shall be revoked at such time as the agency intentionally or repeatedly fails to enforce the standards.

(3) The Water Resources Department shall provide notice to all Oregon licensed Monitoring and Water Supply Well Constructors and professional geologists and civil engineers registered in Oregon whenever authority is delegated to or revoked from another state agency.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 14-1990, f. & cert. ef. 8-9-90

Or. Admin. R. 690-240-0016 Unattended Wells

All wells, when unattended during construction, shall be covered to protect public health and safety.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01

Or. Admin. R. 690-240-0020 Delegation Conditions

In order for the Director to delegate responsibility for monitoring wells, geotechnical holes and other holes to another agency, construction, operation or use, maintenance, and abandonment standards developed by that agency pursuant to OAR 690-240-0015 shall include, but not be limited to, provisions to address the following factors:

(1) Reporting well or hole location.

(2) Reporting intended use of the well or hole.

(3) Reporting well or hole design or construction.

(4) Assigning responsibility for compliance.

(5) Protecting ground water through minimum standards for the construction, operation or use, maintenance, and abandonment of the monitoring well, geotechnical hole or other hole that provide ground water protection equivalent to that provided by OAR 690-240-0005 to 690-240-0540.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 1-2003, f. & cert. ef. 3-14-03
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 14-1990, f. & cert. ef. 8-9-90

Or. Admin. R. 690-240-0024 Well Identification Label

(a) For above ground completions, labels shall be at least six inches above ground surface and shall be permanently attached to the outside of the protective casing using a stainless steel band, stainless steel rivets, or screws.

(b) For flush grade completions:

(A) Rivet or bolt the label to the inside of the monument skirting; or

(B) Band or strap the label to the well casing; or

(2) Identification labels may not be attached to pumps, pump equipment, water delivery lines, or well caps.

(3) The identification label number shall be recorded on the well report at the time the report is submitted.

(4) The well identification label shall be attached in such a manner as to be easily readable upon inspection.

(5) Identification labels shall be furnished by the Department.

(6) If a well identification label is already affixed to an existing well that is being altered, converted, or abandoned, the constructor shall record the identification label number on the well report.

(7) When a well that has a well identification label on it is permanently abandoned, the well identification label shall be destroyed. The well identification label shall not be reused.

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 7-2001, f. & cert. ef. 11-15-01

Or. Admin. R. 690-240-0026 Well Identification Label Maintenance

The well identification label shall not be removed from the wellhead and shall be maintained by the land owner in an accessible location and in a readable condition.

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 7-2001, f. & cert. ef. 11-15-01

Or. Admin. R. 690-240-0030 Other Holes: General Performance and Responsibility Requirements

(1)(a) Other holes are constructed for a variety of purposes which may or may not encounter ground water. Other holes are constructed using a wide variety of equipment and are not typically designed to access water in order to collect subsurface information. Other holes include but are not limited to: temporary (abandoned within 72 hours) wetland delineation holes, gravel pits, pits for removal of underground storage tanks (UST), pilings, tunnels, post holes, excavation and construction holes, elevator shafts, and trenches.

(b) Although enforcement actions may be exercised against other parties, the landowner of the property where the other hole is constructed is ultimately responsible for the condition and use of the other hole.

(2)(a) In order to protect ground water, all other holes shall be constructed, operated or used, maintained, and abandoned in such a manner as to prevent contamination or waste of ground water;

(b) In order to protect ground water, all other holes, when abandoned, shall be abandoned in such a manner that water cannot move vertically in them with any greater facility than in the undisturbed condition prior to construction of the other hole;

(c) Conversion of other holes to a water supply well, monitoring well, or geotechnical hole shall be considered by the Water Resources Department on a case-by-case basis;

(d) If the other hole is an excavation for removal of an underground storage tank, water samples may be taken without adhering to the licensing, start card/fee, monitoring well report and monitor well conversion requirements.

History

Statutory/Other Authority: ORS 537.780
Statutes/Other Implemented: ORS 536.090 & 537.505 - 537.795
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 14-1990, f. & cert. ef. 8-9-90

Or. Admin. R. 690-240-0035 Geotechnical Holes: General Performance and Responsibility Requirements

(1) A geotechnical hole is defined in OAR 690-240-0010(36). Geotechnical holes, cased or uncased, are generally constructed to evaluate subsurface data or information (geologic, hydrogeologic, chemical, or other physical characteristics). Geotechnical holes are divided into the following classifications:

(a) Temporary (abandoned within 72 hours) geotechnical holes;

(b) Cased permanent geotechnical holes;

(d) Slope stability geotechnical holes.

(2) A geotechnical hole report shall be signed by a professional and must be submitted to the department if the geotechnical hole is:

(a) Greater than 18 feet deep;

(b) Within 50 feet of a water supply or monitoring well;

(d) Constructed in an area of known or reasonably suspected contamination.

(3) Geotechnical holes that do not meet any of the criteria spelled out in OAR 690-240-0035(2) do not require a geotechnical hole report to be filed with the Department, but shall be required to have a professional as described in 690-240-0035(4)(c) be responsible for the construction and abandonment of the geotechnical hole.

(4)(a) Although enforcement actions may be exercised against other parties, the landowner of the property where the geotechnical hole is constructed is ultimately responsible for the condition, use, maintenance, and abandonment of the geotechnical hole;

(b) Conversion of a geotechnical hole to a water supply or monitoring well shall be considered by the Department on a case by case basis

(c) When a geotechnical hole report is required, the professional responsible for the construction, alteration or abandonment of a geotechnical hole shall have one of the following certifications or licenses at the time the professional signs the geotechnical hole report:

(A) A valid Oregon Monitoring Well Constructor's License;

(B) A valid Oregon Water Supply Well Constructor's License;

(D) Valid certification by the State of Oregon as a Professional Engineer.

(d) The professional shall provide proof of license, certification or registration and photo identification to Department employees upon request.

(e) In order to protect the groundwater resource, all geotechnical holes shall be constructed, operated, used, maintained, and abandoned in such a manner as to prevent contamination or waste of groundwater, or loss of artesian pressure.

(f) If the geotechnical hole is completed above ground, it shall have a minimum casing height of one foot above finished grade and a lockable cap with lock shall be attached to the top of the casing. If a geotechnical hole, except a slope stability hole, is completed flush with the land surface, a lockable watertight cap with lock, shall be attached to the top of the casing. A vault or monument designed to be watertight, level with the ground surface, shall be installed to prevent the inflow of surface water. The cover must be designed to withstand the maximum expected loadings.

(5)(a) A 'Geotechnical Hole Report' shall be prepared for each geotechnical hole, including unsuccessful geotechnical holes, constructed, altered, converted, or abandoned if the hole meets any of the requirements of OAR 690-240-0035(2) above.

(b) The 'Geotechnical Hole Report' shall be filed with the Department within 30 days of the completion of the geotechnical hole;

(c) The report shall be prepared in triplicate on forms furnished or previously approved in writing by the Water Resources Department. The original shall be furnished to the Director, the first copy shall be retained by the professional, and the second copy shall be given to the landowner or customer who contracted for the construction of the geotechnical hole;

(d) In the event any drilling equipment or other tools are left in a geotechnical hole the professional shall enter this fact on the Geotechnical Hole Report;

(e) A copy of any special authorizations or special standards issued by the Director shall be attached to the Geotechnical Hole Report. See OAR 690-240-0006 for information concerning special standards;

(f) The report of geotechnical hole construction shall include, as a minimum, the following:

(A) Landowner name and address;

(B) Started/Completed date;

(C) Location of the geotechnical hole by County, Township, Range, Section, tax lot number, if assigned, street address, or nearest address, and either the 1/4, 1/4 section or Latitude and Longitude as established by a global positioning system (GPS);

(D) Use of geotechnical hole;

(E) Type of geotechnical hole;

(F) Depth;

(G) Map showing location of geotechnical hole on site must be attached and shall include an approximate scale and a north arrow;

(H) General hydrologic and geologic information as indicated on the Geotechnical Hole Report; and

(I) Such additional information as required by the Department.

(6) Temporary geotechnical holes:

(a) Temporary geotechnical holes include but are not limited to: drive points, soil and rock borings, temporary sample holes, permeability test holes, and soil vapor holes;

(b) Temporary geotechnical holes shall be abandoned within 72 hours of initial construction;

(7) Cased permanent geotechnical holes

(a) Cased permanent geotechnical holes include but are not limited to: gas migration holes, cathodic protection holes, wet soil monitoring holes, and vapor extraction holes;

(b) Permanent casing installed in a geotechnical hole shall meet the casing requirements in OAR 690-240-0430, 690-210-0210, or 690-210-0190.

(c) The borehole diameter for cased permanent geotechnical holes shall be at least four inches larger than the nominal casing diameter. If the cased permanent geotechnical hole is constructed using a hollow stem auger drilling machine, the inside diameter of the auger must be at least four inches larger than the nominal diameter of the casing to be installed. Cased permanent geotechnical holes installed using direct push technology shall meet the annular space requirements in OAR 690-240-0540.

(d) Cased permanent geotechnical holes, except wet soil monitoring holes, shall be sealed in accordance with the filter pack seal requirements in OAR 690-240-0460, and the casing seal requirements in OAR 690-240-0475.

(e) Wet soil monitoring holes shall have a casing seal that extends to a minimum depth of one-foot. The casing seal shall be placed in accordance with OAR 690-240-0475.

(f) Wet soil monitoring holes shall not exceed three and one-half feet in depth.

(8) Uncased permanent geotechnical holes:

(a) Uncased permanent geotechnical holes include but are not limited to: pneumatic and electrical piezometers;

(b) Temporary casing can be used during the construction of the uncased permanent geotechnical hole but must be removed prior to completion. Surface casing (5 feet maximum) may be installed for placement of logging or recording equipment.

(9) Slope stability geotechnical holes.

(a) Slope stability geotechnical holes include but are not limited to: slope instrumentation holes such as slope inclinometers, and slope remedial holes.

(b) Slope stability geotechnical holes are defined in OAR 690-240-0010(74). Such holes shall be constructed, operated, used, maintained, and abandoned in such a manner as to prevent contamination or waste of groundwater.

(c) When a Geotechnical Hole Report is required under OAR 690-240-0035(2) for a slope stability geotechnical hole that is constructed to facilitate water level measurements, an affidavit from an engineer or geologist qualified to perform geotechnical investigations shall be attached to the Geotechnical Hole Report. The affidavit shall have the qualified engineer or geologist's stamp on it and shall certify that the slope stability geotechnical hole is on a landslide or a mass-wasting feature.

(10) Geotechnical Holes abandonment:

(a) Geotechnical holes shall be abandoned in the following manner:

(A) If it can be verified that the geotechnical hole was constructed in accordance with these rules, it shall be abandoned by filling the well from the bottom up with an approved grout as described in OAR 690-240-0475. The casing shall then be removed below grade, as compatible with local site conditions and land practices. The following are acceptable methods of original geotechnical hole construction verification:

(i) A geotechnical hole report previously submitted to the Water Resources Department;

(ii) Geotechnical hole information submitted to the Oregon Department of Environmental Quality;

(iii) Other information as approved by the Water Resources Department;

(B) If the geotechnical hole construction cannot be verified by means listed in section (A) of this rule, or if the geotechnical hole was not constructed in accordance with these rules, the geotechnical hole shall be abandoned by completely redrilling the hole to a minimum of the original diameter. All casing, screen, annular sealing material, drill cuttings, debris, and filter pack material shall be removed prior to sealing.

(b) Geotechnical holes constructed to collect a water quality sample shall be abandoned in accordance with OAR 690-240-0510.

History

Statutory/Other Authority: ORS 537.780
WRD 7-2017, amend filed 12/18/2017, effective 01/01/2018
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 3-2014, f. & cert. ef. 11-25-14
WRD 2-2012, f. & cert. ef. 2-2-12
WRD 3-2008, f. 12-22-08, cert. ef. 1-2-09
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 4-2004, f. & cert. ef. 6-15-04
WRD 1-2003, f. & cert. ef. 3-14-03
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 2-1995, f. 5-17-95, cert. ef. 7-1-95

Or. Admin. R. 690-240-0040 Closed Loop Ground Source Heat Pump Boring — General Requirements

(1) In addition to the requirements for cased permanent and uncased permanent geotechnical holes contained in 690-240-0035, a closed loop ground source heat pump boring greater than 18 feet deep shall meet the following requirements:

(a) Prior to installation, the professional responsible for the construction of the ground source heat pump boring is encouraged to notify the Department’s regional office.

(b) Ground source heat pump borings shall not be used for any purpose other than heat exchange.

(c) After completion, ground source heat pump borings shall not be converted to a monitoring well or a water supply well without written approval by the Department.

(d) The professional shall ensure that the ground source heat pump boring is constructed in accordance with 690-240-0040 through 690-240-0049.

(2) A minimum setback of 50 feet is required from any potential source of groundwater contamination, including but not limited to, temporarily abandoned water supply wells, water wells, septic tanks, drain fields, fuel oil or other petroleum tanks, cesspools, chemical storage or preparation areas. Municipal sewer and storm water systems are excluded from the 50 feet setback.

(3) All fluids used in the construction of a closed loop ground source heat pump boring and associated ground source heat pump system shall meet International Groundwater Source Heat Pump Association standards in place at the time of construction and shall be handled, utilized, and installed in a manner that does not contaminate the groundwater resource.

History

Statutory/Other Authority: ORS 536.027 & 537.780
WRD 2-2012, f. & cert. ef. 2-2-12

Or. Admin. R. 690-240-0043 Construction Standards

(1) If permanent casing is needed in a ground source heat pump boring, it shall meet the standards set out in OAR 690-210-0190 through 690-210-0220 for steel and plastic.

(2) Site specific conditions shall be assessed to determine the best method and materials to be used for sealing the boring annulus to protect the groundwater resource and that method shall meet the standards set out in OAR 690-210-0300 through 690-210-0360 for sealing wells.

(3) The diameter of the borehole for cased and uncased ground source heat pump borings shall allow placement of the heat exchange loop and grout pipe to the bottom of the boring as follows:

(a) For installation of a 3/4 inch loop, the diameter of the borehole shall be a minimum of 4 inches;

(b) For installation of a 1 inch loop, the diameter of the borehole shall be a minimum of 4 1/2 inches; and

(4) The type of sealing material used shall be compatible with the heat exchange loop material and permanent casing material used in the construction of the boring.

History

Statutory/Other Authority: ORS 536.027 & 537.780
WRD 5-2016, f. & cert. ef. 9-6-16
WRD 2-2012, f. & cert. ef. 2-2-12

Or. Admin. R. 690-240-0046 Grouting of Uncased Boring

(1) Grouting of an uncased boring shall be completed after the heat exchange loop is installed. The boring shall be completed in a manner to allow ease in locating including but not limited to the use of marking or locating magnetic tape if maintenance or abandonment is necessary The area near land surface where the ground source heat pump boring will be connected to a manifold or to the closed loop system may be filled with earth materials.

(2) Sealing shall be completed using active solids content bentonite grout slurry (minimum 20% active solids by weight) or high solids fluid mixture of cement. Controlled density fill (CDF), fly ash, drill cuttings or drilling fluids shall not be used in grouting the uncased boring.

(3) Mixes of bentonite or cement slurry shall be installed by pumping through a grout pipe in a continuous operation from the bottom of the boring upward. The grout pipe shall extend the full depth of the borehole before pumping begins. Minimum slurry volume used shall be equal to or exceed the calculated annulus volume in the borehole. Grouting material shall surround all pipes remaining in the borehole.

(4) The quality of the water in the boring shall not interfere with the proper hydration of bentonite.

History

Statutory/Other Authority: ORS 536.027 & 537.780
WRD 3-2014, f. & cert. ef. 11-25-14
WRD 2-2012, f. & cert. ef. 2-2-12

Or. Admin. R. 690-240-0049 Reporting Requirements

(1) The professional responsible for construction of the ground source heat pump boring(s) shall prepare a complete and certified boring log for each ground source heat pump boring.

(2) Boring logs shall be prepared in triplicate; an original and two copies. The original shall be submitted to the Department and contain a site map showing the location of each ground source heat pump boring. One copy shall be retained by the professional responsible for construction of the ground source heat pump boring and the second copy shall be provided to the customer/landowner who contracted for the construction of the ground source heat pump boring.

(3) The Professional shall file the boring log with the Department within 30 days after the completion of the ground source heat pump boring.

(4) The boring log required in section (2) of this rule shall be recorded on a form provided or previously approved in writing by the Department. The form shall include, as a minimum, the following:

(a) Name and Address of Landowner;

(b) Start/Completion date;

(c) Location of the boring by county, Township, Range, Section, tax lot number, if assigned, street address, or nearest address, and either the 1/4, 1/4 section or Latitude and Longitude as established by a global positioning system (GPS);

(d) A description and depth of each change of formation;

(e) Total depth and diameter of the completed closed loop heat pump boring

(f) Depth of the surface seal, if any;

(g) The nominal diameter and depth of the casing, if any;

(h) The type and amount of grout material used;

(i) The type of grout additives used;

(j) The depth the borehole is grouted to; and

(k) Such additional information as required by the Department.

History

Statutory/Other Authority: ORS 536.027 & 537.780
WRD 2-2012, f. & cert. ef. 2-2-12

Or. Admin. R. 690-240-0055 License Required to Construct Monitoring Wells

(1) Unless otherwise provided in these rules, any person who constructs, alters or abandons monitoring wells for another person shall have a Monitoring Well Constructor’s License or work under the supervision of a licensed Monitoring Well Constructor.

(2) If a person advertises services or enters into contracts for the construction, alteration or abandonment of monitoring wells for another person, that person shall furnish a Water Well Constructor’s Bond or Irrevocable Letter of Credit in the amount specified under ORS 537.753 to the Water Resources Commission and must be a licensed Monitoring Well Constructor.

(3) A property owner who is not licensed under ORS 537.747 who constructs, alters, or abandons a monitoring well on their own property shall have a Landowner Well Permit as described in OAR 690-240-0340 for each monitoring well on which work is done.

History

Statutory/Other Authority: ORS 536.090 & 537.505 - 537.795
Statutes/Other Implemented: ORS 536.090, 537.505 - 537.795 & HB 2296A (2017)
WRD 7-2017, amend filed 12/18/2017, effective 01/01/2018
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 4-2004, f. & cert. ef. 6-15-04
WRD 1-2003, f. & cert. ef. 3-14-03
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 14-1990, f. & cert. ef. 8-9-90

Or. Admin. R. 690-240-0060 Monitoring Well Constructor License Examination

(1) The Water Resources Department administers the written examination required under ORS 537.747. Separate examinations are administered for each license endorsement. The Department schedules the examination on the second Monday during the months of January, April, July and October. Examinees must pay a $20 exam fee. Special accommodations may be given to those individuals who cannot attend the regularly scheduled examination dates. Requests shall be considered on a case-by-case basis. The examination tests the applicant's knowledge of:

(a) Oregon laws and administrative rules on the use of ground water, monitoring well constructor licensing requirements, basic information on hydrogeology, the construction of monitoring wells and/or geotechnical holes, and the preparing and filing of Start Cards and Monitoring Well Reports;

(b) Hydrogeology, the occurrence and movement of ground water and contaminants, and the design, construction and development of monitoring wells; and

(c) Types, uses, and maintenance of drilling tools and equipment, drilling problems and corrective procedures, repair of faulty monitoring wells, sealing of monitoring wells, and safety rules and practices.

(2) An applicant who fails to pass an endorsement examination may retake an examination for the same endorsement after three months and the payment of another examination fee.

(3) Passing examination scores are valid for three years from the date of the examination.

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 537.992
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 536.900 & ORS 537.992
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 14-1990, f. & cert. ef. 8-9-90

Or. Admin. R. 690-240-0065 Monitoring Well Constructor License, Experience Requirements, Trainee Card and Temporary Authorization

(1) License. To qualify for a Monitoring Well Constructor’s License, a person shall:

(a) Be at least 18 years old;

(b) Pass a written examination;

(c) Have a minimum of one year experience, during the previous 36-month period, in monitoring well construction, alteration, or abandonment. This experience shall include the operation of well drilling machinery for monitoring well construction, alteration, conversion, or abandonment on a minimum of fifteen monitoring wells or a demonstration of equivalent experience in the operation of well drilling machinery. The following are acceptable as evidence of experience:

(A) Monitoring well reports or rough well logs with applicant's name entered for each of the 15 wells. The name, address and telephone number of the person responsible for the construction of each monitoring well shall be included on each report or log;

(D) A license held in another state shall not substitute for required evidence of experience.

(d) Pay a license fee.

(2) Trainee. If an applicant passes the written Monitoring Well Constructor’s License examination, but cannot meet the experience requirement the Commission may issue a trainee card. To qualify for a Monitoring Well Constructor Trainee Card, a person must:

(a) Be at least 18 years old;

(b) Pass a written examination; and

(3) Trainee Card. A Trainee Card is valid for three (3) years from the date the examination was passed.

(4) Supervision. Supervision as it relates to any person who holds a Monitoring Well Constructor Trainee Card:

(a) A Trainee may operate a cable tool monitoring well drilling machine without a licensed Monitoring Well Constructor physically present at the well site only if:

(A) The licensed constructor can reach the well site within two hours if so requested by an authorized representative of the Department; and

(B) The licensed constructor has signed the rough drilling log within eight working hours prior to the representative's visit.

(b) A licensed Monitoring Well Constructor must physically be on the site at all times when a cable tool drilling machine is:

(A) Drilling within a flowing artesian well;

(B) Setting or advancing casing;

(D) Perforating casing;

(E) Setting well screens;

(F) Placing packers;

(G) Drilling into, through, or below ground water suspected or known to be contaminated; and

(H) Placing casing seals.

(c) A Monitoring Well Constructor trainee may operate a non-cable tool monitoring well drilling machine without a licensed Monitoring Well Constructor physically present at the well site only during removal of the drill stem from the monitoring well.

(d) Activities under subsection (4)(c) of this rule shall proceed only if:

(A) The licensed Monitoring Well Constructor can reach the site within one hour if so requested by an authorized representative of the Department; and

(B) The licensed Monitoring Well Constructor has signed the rough drilling log within eight working hours prior to the representative's visit.

(e) An authorized representative of the Department in whose jurisdiction the monitoring well is being constructed has the authority to:

(A) Grant an extension to the time limits stated above when a request, showing good cause, is received from the bonded constructor in advance for each particular well; and

(B) Place additional restrictions on the trainee, including requiring the constructor to be on the site at all times while the drilling machine is operating, when the Department representative determines that either the drilling environment or the knowledge and/or experience of the trainee warrant closer supervision.

(f) For a Monitoring Well Constructor trainee to operate a monitoring well drilling machine without a licensed Monitoring Well Constructor present, the trainee's card must be endorsed with the name of the bonded Monitoring Well Constructor responsible for the construction of the monitoring well.

(5) Monitoring Well Constructor’s License Temporary Authorization Endorsement. A person that is the spouse of a member of the Armed Forces of the United States through marriage or domestic partnership, whose spouse is stationed in this state, may apply for a Monitoring Well Constructor’s License Temporary Authorization Endorsement.

(a) Application for a monitoring well constructor’s license temporary authorization endorsement must include the following:

(A) Completed and signed application form including evidence the person is 18 years of age or older;

(B) Examination fee;

(C) A copy of a marriage certificate, domestic partnership registration, or other official evidence of legal union and an attestation that said union is valid and in effect;

(D) A copy of the spouse or domestic partner’s assignment to an Oregon duty station by official active duty military order;

(E) Official verification of the applicant’s current authorization to provide monitoring well constructor services in another state along with the Department’s “good standing” form;

(F) A completed comparison form as provided by the Department, outlining the out-of-state licensing authority’s authorization requirements; and

(G) Official notification from the Department that applicant has passed the monitoring well constructors license examination.

(b) The Department will review the application for a Monitoring Well Constructor’s License Temporary Authorization Endorsement once all materials are submitted. A Monitoring Well Constructor’s License Temporary Authorization Endorsement shall be issued if the Department determines:

(A) Applicant is eligible to apply;

(B) The Out-of-state authorization is current;

(C) The Out-of-state licensing authority’s licensing requirements are substantially similar to the Department’s requirements;

(D) The good standing form is complete;

(E) The applicant has passed the written exam; and

(F) The license fee is paid.

(A) Two (2) years after the date of issuance;

(B) The date the spouse’s term of military service ends;

(d) Temporary authorizations are not renewable. The holder of an expired temporary authorization may not continue to provide services for the construction, alteration, conversion, or abandonment of monitoring wells after expiration unless the person obtains a Monitoring Well Constructor’s License under subsection one (1) of this rule.

(e) The Department shall report annually to the State Legislature about temporary authorization endorsements as required in ORS 670.403.

(6) Other supervision requirements for persons not licensed or permitted to construct monitoring wells, or who do not hold a Monitoring Well Constructor trainee card:

(a) Persons who are in the act of constructing, altering, converting or abandoning monitoring wells must be supervised by a licensed Monitoring Well Constructor who is physically present at the well site at all times during construction, alteration, conversion, or abandonment activity.

(b) The supervising Monitoring Well Constructor is responsible for all applicable statutes and rules in construction, alteration, conversion, or abandonment of the monitoring well.

(7) Persons who satisfy all requirements of ORS 537.747(3) shall be issued a Monitoring Well Constructor's License. The responsibilities for issuing and securing a Monitoring Well Constructor’s License or trainee card are listed in subsections (a) and (b) of this section.

(a) The Monitoring Well Constructor’s License applicant is responsible for:

(A) Completing an application or renewal form for a new or renewed license or trainee card;

(B) Submitting the application or renewal form to the Water Resources Department along with the required fees;

(C) Carrying the license or trainee card whenever constructing, altering, converting, or abandoning any monitoring well; and

(D) Providing the Water Resources Department, within 30 days, notification of any change of mailing address.

(E) Providing the Water Resources Department documentation satisfying the continuing education requirements set forth in OAR 690-240-0200 through 690-240-0280.

(b) The Water Resources Department is responsible for:

(A) Designing and providing Monitoring Well Constructor license(s) and trainee cards;

(B) Designing and providing application forms and renewal forms for licenses and application forms for trainee cards;

(D) Returning incomplete application and renewal forms to applicants for completion.

(8) Bonded Monitoring Well Constructor. For a person to possess a bonded Monitoring Well Constructor's License, the person shall provide to the Department a properly executed Water Well Constructor's Bond or Irrevocable Letter of Credit. The Water Resources Department shall indicate on the constructor's license a bonded classification.

(9) Representatives of the Water Resources Department may ask anyone constructing, altering, or abandoning a monitoring well to present their license or trainee card as proof of eligibility to construct, alter, convert, or abandon monitoring wells in the State of Oregon. Licensed individuals shall display their license or trainee card and photo identification when they are requested to do so by Water Resources Department personnel or other agency personnel to whom monitoring well regulation has been delegated.

History

Statutory/Other Authority: ORS 536.090, ORS 537.505-537.795, ORS 536.027, ORS 537.992, ORS 106.340, ORS 536.900, ORS 670.400 & ORS 670.403
Statutes/Other Implemented: ORS 536.090, ORS 537.505-537.795, ORS 537.992, ORS 106.340, ORS 536.900, ORS 670.400 & ORS 670.403
WRD 1-2025, minor correction filed 02/07/2025, effective 02/07/2025
WRD 3-2024, amend filed 04/01/2024, effective 04/01/2024
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 1-2003, f. & cert. ef. 3-14-03
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 8-1993, f. 12-14-93, cert. ef. 1-1-94
WRD 14-1990, f. & cert. ef. 8-9-90

Or. Admin. R. 690-240-0070 Terms of Monitoring Well Constructor License and License Fees

(1) The Department issues all Monitoring Well Constructor licenses. License fees are established by ORS 537.747. A penalty applies to late renewals.

(2) Fees for new licenses and renewal licenses are the same. The fee for a two-year license is $150. All licenses expire on June 30 of the second year.

(3) A $100 penalty applies when a licensee renews a license within 12 months of the expiration date. There is no charge for a Trainee Card.

(4) Monitoring Well Constructors who have not made arrangements with the Water Resources Department to pay civil penalties which are assessed against them shall not be issued a license renewal or a new license until after arrangements for payment have been agreed to by the Department. Monitoring Well Constructors who have made arrangements for payment of civil penalties and have failed to meet the terms of the agreement, except in certain cases of bankruptcy, may not have their license renewed or a new license issued until all outstanding civil penalties owed to the Department have been paid.

History

Statutory/Other Authority: ORS 536.027, ORS 537.505-537.795, ORS 536.900, ORS 536.090 & ORS 537.992
Statutes/Other Implemented: ORS 537.505-537.795, ORS 536.900, ORS 536.090 & ORS 537.992
WRD 3-2023, minor correction filed 03/21/2023, effective 03/21/2023
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 7-2001, f. & cert. ef. 11-15-01
WRD 14-1990, f. & cert. ef. 8-9-90

Or. Admin. R. 690-240-0200 Continuing Education Committee

A Continuing Education Program and Continuing Education Committee are established under chapter 496, Oregon Laws 2001 (ORS 537.765). The duties of the Well Constructors Continuing Education Committee are to review and approve continuing education courses and assign continuing education credits.

History

Statutory/Other Authority: ORS 537 & 742
Statutes/Other Implemented: ORS 537 & 742
WRD 1-2003, f. & cert. ef. 3-14-03

Or. Admin. R. 690-240-0210 Continuing Education Requirement

(4) Exhibitions shall count as one (1) CEC per approved exhibition attended and shall not exceed two (2) CECs per licensing period.

(5) Licensees may count approved CECs accumulated after January 1, 2002, for their first license renewal that requires CECs.

History

Statutory/Other Authority: ORS 537.992, ORS 537.505-537.795, ORS 536.027, ORS 536.900 & ORS 536.090
Statutes/Other Implemented: ORS 537.992, ORS 537.505-537.795, ORS 536.900 & ORS 536.090
WRD 5-2023, amend filed 06/22/2023, effective 07/01/2023
WRD 1-2003, f. & cert. ef. 3-14-03

Or. Admin. R. 690-240-0220 Documentation

(1) Each licensee is responsible for maintaining their continuing education records. Except as provided in OAR 690-240-0270(2), each licensee shall provide the Department with evidence of compliance with the continuing education requirement on a form approved by the Continuing Education Committee prior to or at the time of license renewal.

(3) Licensees who provide documentation of completion of the continuing education requirement within the 12 months after their license expires may either pay the $100 late penalty fee or requalify for a new Monitoring Well Constructor’s License or endorsement in accordance with ORS 537.747(3). If a licensee fails to provide documentation of completion of the continuing education requirement within 12 months after expiration of their license or endorsement the person must comply with the requirements of ORS 537.747(3) for a new Monitoring Well Constructor’s License or endorsement.

(4) CECs acquired during a renewal period in excess of the minimum CECs required may not be applied to future licensing periods.

(5) When an individual obtains a new Monitoring Well Constructor’s License that expires within 14 months or less, the continuing education requirement shall be prorated such that only seven (7) CECs are required at the first renewal. Of the seven (7) required CECs:

(a) A maximum of two (2) CECs may be in Hazardous Materials training;

(b) A maximum of two (2) CECs may be in safety/first aid/CPR; and

(c) A minimum of one (1) CEC shall pertain to ground water and well construction statutes under ORS 537.505 to 537.795 and 537.992, and administrative rules under OAR 690-200 through 690-240.

History

Statutory/Other Authority: ORS 537 & 742
Statutes/Other Implemented: ORS 537 & 742
WRD 2-2006, f. & cert. ef. 6-20-06
WRD 1-2003, f. & cert. ef. 3-14-03

Or. Admin. R. 690-240-0240 Approved Course List/Course Approval and Assignment of CECs

(a) Course agenda and how well the subject relates to monitoring well construction and other borings regulated by the Department;

(b) Instructor qualifications;

(d) Student course evaluations, if applicable; and

(e) Other information as appropriate.

(3) A licensee who is also the instructor of an approved continuing education course shall be entitled to double CECs for that course. A licensee who is also the instructor of an approved course, may only receive CECs for the course once during a single renewal period, regardless of the number of times a course is presented.

(4) The following courses do not require pre-approval by the Continuing Education Committee:

(a) First Aid and CPR, provided the instructor is certified by the American Red Cross, or has certification accepted by the American Red Cross;

(b) Occupational Safety and Health Administration (OSHA) approved Hazardous Materials Training; and

History

Statutory/Other Authority: ORS 537 & 742
Statutes/Other Implemented: ORS 537 & 742
WRD 1-2003, f. & cert. ef. 3-14-03

Or. Admin. R. 690-240-0250 Course Sponsor Requirements

(a) Advertise the course to the satisfaction of the Continuing Education Committee;

(b) Provide the Department with a certified class roster within 30 days after completion of the course;

(d) Maintain the certified class roster for two years.

History

Statutory/Other Authority: ORS 537 & 742
Statutes/Other Implemented: ORS 537 & 742
WRD 1-2003, f. & cert. ef. 3-14-03

Or. Admin. R. 690-240-0260 Loss of Approval