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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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WATER RESOURCES DEPARTMENT

 

DIVISION 82

ACCEPTANCE OF APPLICATIONS FOR WATER
USES IN ADDITION TO CLASSIFIED USES

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.

Stat. Auth.: ORS 183 & ORS 536
Stats. Implemented:
Hist.: WRD 2-1988, f. & cert. ef. 1-19-88

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.

Stat. Auth.: ORS 183, ORS 197 & ORS 536
Stats. Implemented:
Hist.: WRD 2-1988, f. & cert. ef. 1-19-88; WRD 12-1990, f. & cert. ef. 8-8-90

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.

Stat. Auth.: ORS 183, ORS 197 & ORS 536
Stats. Implemented:
Hist.: WRD 2-1988, f. & cert. ef. 1-19-88; WRD 12-1990, f. & cert. ef. 8-8-90

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).

Stat. Auth.: ORS 183, ORS 197, ORS 536.025 & ORS 536.027
Stats. Implemented:
Hist.: WRD 2-1988, f. & cert. ef. 1-19-88; WRD 12-1990, f. & cert. ef. 8-8-90; WRD 5-1991, f. & cert. ef. 4-26-91

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.

Stat. Auth.: ORS 183, ORS 197 & ORS 536
Stats. Implemented:
Hist.: WRD 2-1988, f. & cert. ef. 1-19-88; WRD 12-1990, f. & cert. ef. 8-8-90

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.

Stat. Auth.: ORS 183 & ORS 536
Stats. Implemented:
Hist.: WRD 2-1988, f. & cert. ef. 1-19-88

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 Chapter 690, Divisions 1 and 11.

Stat. Auth.: ORS 183 & ORS 536
Stats. Implemented:
Hist.: WRD 2-1988, f. & cert. ef. 1-19-88

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.

Stat. Auth.: ORS 183 & ORS 536
Stats. Implemented:
Hist.: WRD 2-1988, f. & cert. ef. 1-19-88

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