Oregon Administrative Code

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 agre…

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 supplementa…

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 wate…

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…

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 p…

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 …

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:…

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 addition…

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. Statutory/Other Authority: ORS 536.700 - 536.780 Statutes/Other Implemented: ORS 536.700 - 536.780 History: WRD 6-2001, f. & cert. ef. 10-8-01

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 ma…

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…

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 c…

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 prio…

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 t…

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…

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: …

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 to…

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 …

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 d…

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 elem…

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 o…

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 D…

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. S…

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 Reco…

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 …

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 cons…

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 prov…

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 Significan…

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 doc…

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 Reco…

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 expect…

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 analysi…

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 o…

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 6…

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 (C) The individual in immediate cha…

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…

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 ma…

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 proc…

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…

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…

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 t…

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 n…

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 d…

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 hu…

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…

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 a…

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 …

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 …

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 a…

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 registratio…