Oregon Administrative Code

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) “B…

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 with…

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 n…

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 i…

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 tec…

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 reg…

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 …

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 acknowledge…

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 …

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…

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 sha…

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…

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 …

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 th…

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 …

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 …

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 …

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 o…

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 s…

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. S…

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. …

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…

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. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77

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 a…

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. Statutory/Other Authority: ORS 536 & 543 History: WRD 3, f. & ef. 2-18-77

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 c…

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 w…

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…

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 exami…

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 Dir…

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 …

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…

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…

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 …

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 evidenc…

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 matt…

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. Statutory/Other Authority: ORS …

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 …

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…

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 perm…

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 Conservati…

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 …

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 …

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 be…

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 detri…

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 protec…

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…

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. Statutory/Other…

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 t…

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 intera…