Oregon Administrative Code

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 submitt…

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 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…

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…

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 wi…

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 m…

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 origina…

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 ma…

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 pu…

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 rul…

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 fed…

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 emplo…

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 an…

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 …

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 …

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…

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 s…

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 Depa…

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 appr…

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…

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…

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…

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 pla…

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 o…

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 Wat…

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 permeabi…

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 determi…

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 interf…

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 Poten…

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. Statutory/Other Authority: ORS 536.027 & ORS 537.780 Statutes/Other Implemented: ORS 537.730 - ORS 537.742 & ORS 537.780 History: WRD 12-…

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 governme…

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 le…

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 a…

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 (…

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 groundwa…

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…

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 limi…

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 th…

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 u…

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 Correcti…

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 …

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 m…

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…

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 Commi…

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 div…

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 t…

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 surfa…

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 standa…

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 publicatio…

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 b…