Oregon Administrative Code

690-077-0055 Disposition of Minimum Perennial Stream-flows Following the conversion of a minimum streamflow, the Commission shall retain the original minimum streamflow until it determines through basin program amendment that no public benefit is derived by maintaining both an in…

690-077-0065 Instream Transfers and Leases: General Provisions (1) The Department shall promote and facilitate potential instream transfers and leases under ORS 537.348 to provide benefits for public uses. (2) The Department encourages districts and other water purveyors to prepa…

690-077-0070 Application for Instream Transfer (1) As provided in ORS 537.348(1), any person may apply for an instream transfer, including a time-limited instream transfer. (2) A holder of a water use subject to transfer that is for surface water, above-ground storage of surface …

690-077-0071 Map Requirements for Instream Transfer and Instream Lease Applications (1) A map must be submitted that includes, at a minimum, the following information: (a) North directional symbol, map scale and legend; (b) Township, range, section and quarter-quarter (QQ), inclu…

690-077-0075 Processing an Instream Transfer Application (1) A proposed instream transfer application, including a time-limited instream transfer application, shall be processed pursuant to the water right transfer rules in OAR 690-380-4000 through OAR 690-380-5000. (2) The Depar…

690-077-0076 Application for an Instream Lease (1) A holder of a water use subject to transfer that is for surface water, above-ground storage of surface water, or the use of stored surface water may enter into a lease to change all or a portion of the existing water right to an …

690-077-0077 Processing an Instream Lease Application (1) On receipt of a complete instream lease application, the Department shall give notice of the application in its weekly public notice and accept written public comments for 21 days. (2) An assessment shall be prepared by th…

690-077-0079 Split Season Use Instream Leasing (1) An application for a split season use instream lease of water shall include the information required under OAR 690-077-0076 and follow the lease process described under 690-077-0077. (2) The applicant shall consult with the Depar…

690-077-0090 Miscellaneous Provisions: Drought Emergency Provisions An instream water right established under the provisions of ORS 537.332 to 537.360 shall be subject to the provisions of ORS 536.730. Statutory/Other Authority: ORS 536 & 537 Statutes/Other Implemented: ORS 536 &…

690-077-0100 Miscellaneous Provisions: Precedence of Future Uses (1) The applicants for a proposed multipurpose storage project may submit a formal written request to the Department to establish precedence over an instream water right created through OAR 690-077-0020. (2) An appl…

690-077-0105 Application for Expedited Instream Lease Renewal (1) A holder of any prior final order approving an instream lease application may submit a renewal application, provided that the prior approved final order and the instream lease renewal application meet the following…

690-077-0110 Processing an Application for Instream Lease Renewal (1) Upon receipt of an instream lease renewal application, the Department shall give notice of the application by publication in the Department’s weekly public notice. Any allegation of injury must be delivered in …

690-078-0000 Purpose Chapter 735, 1991 Session Laws required the Department to adopt new rules or amend existing rules for the processing of water right applications for use of water for chemical process mining. The purpose of this chapter is to describe: (1) The required content…

690-078-0010 Definitions The following definitions apply in this division and to any permits or certificates issued under these rules: (1) “Chemical Process Mining” means a mining and processing operation for metal bearing ores that uses chemicals to dissolve metals from ore. (2)…

690-078-0020 Water Use Permit Applications for Chemical Process Mining (1) The State Department of Geology and Mineral Industries is responsible for coordinating the activities of affected agencies related to the consolidated application for chemical process mining. (2) If a wate…

690-078-0030 Information Required to File a Water Use Permit Application for Chemical Process Mining The Department shall accept applications for filing and thereby establish a tentative date of priority to appropriate the waters of the State of Oregon for chemical process mining…

690-078-0040 Information Required to Process a Water Use Permit Application for Chemical Process Mining Prior to processing, applications to appropriate surface waters or groundwaters of the State of Oregon for chemical process mining shall include: (1) Proposed dates for the beg…

690-078-0050 Information Required to Process an Application for Storing Water and Constructing a Reservoir for Chemical Process Mining Information to accompany applications for chemical process mining proposing to store waters of the State of Oregon and to construct a reservoir, …

690-078-0060 Processing Incomplete Applications for Chemical Process Mining (1) For any chemical process mining applications which do not fulfill the requirements of OAR 690-078-0040 and/or 690-078-0050, the Department shall: (a) Return the application to the applicant for the cu…

690-078-0070 Process for Amending Applications for Chemical Process Mining Chemical process mining applications may be replaced or amended without loss of the tentative priority date so long as the information provided in the application under OAR 690-078-0030(2) and (3) is not i…

690-078-0080 Map to Accompany an Application for Water Use Permit for Chemical Process Mining Maps submitted with applications for water use in chemical process mining shall be prepared by a certified water right examiner and meet the following criteria: (1) The application map, …

690-078-0090 Processing an Application for Use of Water in Chemical Process Mining (1) The Director shall provide notice of all applications received for water use permits for chemical process mining on the Department’s weekly mailing list pursuant to OAR 690-011-0080(1). (2) The…

690-078-0100 Modification of a Permit for Use of Water for Chemical Process Mining The permittee, the Department, or any other permitting agency or cooperating agency may request modification of a water use permit for chemical process mining: (1) Chemical process mining permits m…

690-078-0110 Miscellaneous Provisions (1) If the cost of reclamation will exceed the reclamation bond posted with DOGAMI and the operator does not increase the bond, the Department shall suspend the permit until the additional bond is posted. (2) If DOGAMI seeks a lien for reclam…

690-079-0010 Purpose (1) This Division establishes the procedure for state agencies to request reservations of water for future economic development pursuant to ORS 537.356. (2) These rules shall apply to all reservation requests received by the Department after June 30, 1989. No…

690-079-0020 Definitions As used in this Division: (1) “Affected Local Government” means any local government, as defined in OAR 690-050-0015, within whose jurisdiction the diversion, conveyance, instream or out-of-stream use, or reservation of water is proposed or established. (…

690-079-0030 Request for Reservation Any state agency may request that the Commission establish a reservation of unappropriated water for future economic development. A reservation shall be established by order. The reservation shall set aside a quantity of water for specified us…

690-079-0040 Priority Date The order establishing the reservation shall fix the date on which the request for reservation was filed with the Department as the reservation priority date. A request for reservation will be deemed filed on the date it is received by the Department pr…

690-079-0050 Term of Reservation and Extensions The Commission may approve the reservation of water for up to 20 years. Prior to termination of the approved term of reservation, the applicant may apply for a time extension of up to 20 years. The proposed time extension shall be s…

690-079-0060 Information Requirements Requests for reservations of water for future economic development shall include the following information: (1) Agency name and address; (2) Purpose of the reservation; (3) Amount of water proposed to be reserved and evidence of water availab…

690-079-0070 Notice of Reservation Request Within 30 days of receiving a request for reservation that is deemed complete by the Director, the Director shall notify: (1) The Department of Fish and Wildlife, Department of Environmental Quality, Parks and Recreation Department, Econ…

690-079-0080 Copies of Reservation Request Upon request from any governmental entity or other party, the Department shall provide a complete copy of the request for reservation. Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537.35…

690-079-0090 Comment Period and Land Use Compatibility (1) A 60-day comment period shall commence on the day the Department deposits the notice in the mail of the U.S. Postal Service. All comments must be received by the Department on or before the end of the 60-day comment perio…

690-079-0100 Review by Director Following the comment period established by OAR 690-079-0090, the Department shall review the reservation request. The Director shall reject the reservation request if: (1) The reservation request does not contain all the information required by OA…

690-079-0110 Appeal of Director’s Decision The agency requesting the reservation may file a request for Commission review of the Director’s rejection within 60 days of notification of rejection of a reservation request. Statutory/Other Authority: ORS 536.025, 536.027, 536.220, 53…

690-079-0120 Contested Case Proceeding If, after the Department performs a review of the reservation request, the Director does not find that the requested reservation will impair or be detrimental to the public interest, or if the Commission reverses the Director’s rejection of …

690-079-0130 Public Interest Review The Director shall apply any applicable public interest standards set out in OAR 690, division 11 to the facts developed at the hearing. The Director shall prepare findings and a recommendation to the Commission on the requested reservation. Th…

690-079-0140 Conditions on a Reservation When approving a reservation, the Commission shall include any conditions deemed necessary to protect and promote the public interest. Statutory/Other Authority: ORS 197, 536.025, 536.027, 536.220, 536.300, 536.310, 537.338 & 537.356 - 537…

690-079-0150 Applications for Use of Reserved Water Applications for the use of reserved water shall comply with and be processed under provisions of OAR 690, division 11, governing applications and permits generally. In addition to any information required under division 11, an …

690-079-0160 Extension of Reservations (1) This section establishes a process to consider extending reservations established in basin program rules pursuant to ORS 537.249 or 537.356 that are set to expire unless extended in rule by the Water Resources Commission. (2) Notwithstan…

690-079-0170 Information Requirements to Request Extension of Reservations in Rule Requests to extend reservations of water for future economic development shall include the following information: (1) Requestor name and address; (2) Description of the existing reservation and app…

690-080-0010 Resume of Withdrawals by the Water Resources Commission of Unappropriated Water From Future Appropriation (1) Under the provisions of ORS 536.410, the Water Resources Commission may withdraw unappropriated waters from further appropriation. While an order of withdraw…

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 …

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 ap…

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 (…

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 ag…

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…

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. Statutory/Other Authority: ORS 183 & 536 Hist…

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 690, divisions 1 and 11. Statutory/Other Authority: ORS 183 & 536 History: WRD 2-…

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. Statutory/Other Authority: ORS 183 & 536 History: W…