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WATER RESOURCES DEPARTMENT

 

DIVISION 10

APPROPRIATION AND USE OF GROUND WATER 

690-010-0045

Hearings and Protests

Rules and regulations governing the filing of protests or petitions and procedures to be followed in hearings as required by ORS Chapter 183 and Division 1.

Stat. Auth.: ORS 536 & ORS 543
Stats. Implemented:
Hist.: WRD 3, f. & ef. 2-18-77

Initiation of Proceeding for Determination of a Critical Ground Water Area

690-010-0050

Notification

(1) A proceeding for the determination of a critical ground water area shall be initiated by a Notification from the Water Resources Director.

(2) The Notification shall include:

(a) A description of the proposed exterior boundaries of the area for which, the proceeding is initiated, referenced to the U.S. Public Lands Survey;

(b) Citation to the specific statutory provision or provisions under which the proceeding is brought;

(c) The preliminary findings indicating why the area described may be a critical ground water area;

(d) A general description of the nature of the ground water reservoir which is the subject of the determination;

(e) The effective date and duration of the Notification. In no case shall the Notification have a duration greater than 270 days;

(f) A statement concerning applications in the area and reservoir in question which were filed in the Water Resources Department prior to the effective date of the Notification, but which had not received permits prior to that date. Such statement shall explain the applicants' options which include:

(A) Withdrawing the application with refund of any submitted recording fees; or

(B) Requesting deferral of action on the application until a determination of a critical ground water area; or

(C) Requesting a hearing on the application with the understanding that permit denial will result in rejection of the application. Failure to request a specific option will result in the department taking no action on the application until the Commission takes action on the area in question.

(g) A statement concerning applications in the area and reservoir in question which are submitted on or after the effective date of the Notification. The statement shall explain the applicants' options which include:

(A) Withdrawing the application with refund of all related fees; or

(B) Requesting deferral of permit action until a determination of a critical ground water area; or

(C) Requesting a hearing on the application with the understanding that permit denial will result in rejection of the application. Failure to request a specific option will result in the department taking no action on the application until the Commission takes action on the area in question.

(h) Upon receipt of a request for hearing under subsection (2)(f) or (g) of this rule, the Director shall schedule and conduct the hearing.

(3) The Notification shall be distributed by:

(a) Publication at least once each week for two consecutive weeks in a newspaper having general circulation in the area in question;

(b) Mailing by regular or certified mail to each legal claimant or appropriator of ground water in the area in question;

(c) Mailing by regular or certified mail to each applicant for a permit to appropriate water from the ground water reservoir and area in question;

(d) Mailing by regular or certified mail to the governing body and planning department(s) of the affected local governments within which all or part of the area in question is located;

(e) Mailing by regular or certified mail to each licensed water well constructor licensed to construct wells in the State of Oregon;

(f) Mailing by regular or certified mail to the state legislative delegates representing the people of the area in question.

(4) The Notification initiating a proceeding for determination of a critical ground water area shall be recorded in the Special Order Record of the Water Resources Director.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 183, ORS 197, ORS 536 & ORS 537
Stats. Implemented:
Hist.: WRD 2-1983, f. & ef. 3-25-83; WRD 10-1986, f. & ef. 9-3-86; WRD 12-1990, f. & cert. ef. 8-8-90

690-010-0053

Process Options

Within 270 days of the issuance of Notification, the Commission shall:

(1) Determine that a critical ground water area is not warranted and inform those parties who received the Notification of the Commission's determination.

(2) Conduct a public hearing to withdraw the ground water from further appropriation as authorized by ORS 536.410.

(3) Conduct a public hearing to amend the appropriate basin program to classify the ground water in question as authorized by 6RS 536.310 and ORS 536.340.

(4) Complete sections 2 and/or 3 of this rule and proceed at some future date with additional hearings necessary to fulfill the requirements of ORS 537.730 and issue a critical ground water area order.

(5) Conduct a public hearing and issue a critical ground water area order and/or adopt rules.

Stat. Auth.: ORS 197 & ORS 536
Stats. Implemented:
Hist.: WRD 12-1990, f. & cert. ef. 8-8-90

690-010-0054

Public Hearing Requirements

(1) At least one public hearing shall be held within or near the proposed critical ground water area.

(2) Notice of any hearing associated with critical ground water area proceedings shall be distributed as provided in OAR 690-010-0050(3).

Stat. Auth.: ORS 197 & ORS 536
Stats. Implemented:
Hist.: WRD 12-1990, f. & cert. ef. 8-8-90

690-010-0070

Local Government Coordination

(1) Proceedings for the determination of a critical ground water area include Notification, rulemaking, the issuance or modification of an order, or other related activities.

(2) The Director and Commission shall assure that proceedings for the determination of a critical ground water area meet the requirements established in OAR 690-005-0045 (Standards for Goal Compliance and Compatibility with Comprehensive Plans). Further, the Commission shall:

(a) Upon notification, request the planning director of affected local governments to submit applicable policies, provisions, or procedures from acknowledged comprehensive plans which address and provide guidance for mitigating ground water problems;

(b) Accommodate comprehensive plans (i.e., areas of planned growth and priority land uses) to the extent possible within the physical constraints of the ground water resource and the Commission's responsibilities under ORS 537.525, in adopting rules or issuing orders to manage or control water use in established or potential critical ground water area;

(c) Instruct the planning directors of affected local governments how comprehensive plans, maps, ordinances, and/or land use approval procedures may need to be amended to:

(A) Reflect the physical constraints of ground water resources in the critical area;

(B) Ensure compliance with restrictions in the Notification, withdrawal order, classification, or critical ground water area order; and

(C) Reduce the potential for future ground water problems within affected localities.

(d) Consider how local government participation could enhance the effectiveness of managing the area;

(e) Distribute the final critical ground water area rule and/or order to the county clerk and the planning director(s) of affected local governments.

(3) In the event of a land use dispute, as defined in OAR 690-005-0015 (Definitions), the Director and Commission shall follow procedures in 690-005-0040 (Resolution of Land Use Disputes).

Stat. Auth.: ORS 197 & ORS 536
Stats. Implemented:
Hist.: WRD 12-1990, f. & cert. ef. 8-8-90

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