Oregon Administrative Code

690-240-0525 Piezometers It is prohibited to construct a piezometer in an area of known or reasonably suspected contamination. NOTE: The Water Resources Department and the Department of Environmental Quality have information sources to use in determining if contaminants are prese…

690-240-0540 Direct Push Monitoring Wells and Piezometers (1) Monitoring wells and piezometers that are installed using direct push technology shall comply with the applicable standards in these rules. (2) Monitoring wells and piezometers that are installed using direct push tech…

690-240-0550 Evidence of Failure Evidence of failure to comply with the requirements of OAR 690-240, special standards as described in 690-240-0006, or those standards of a state agency to which the Director has delegated direct responsibility under 690-240-0016 shall include, bu…

690-240-0560 Investigation of Alleged Violations (1) The Water Resources Director, upon the Director's own initiative, or upon complaint alleging violation of statutes, standards or rules governing licensing of Monitoring Well Constructors and/or, construction, alteration, conver…

690-240-0580 Enforcement Actions (1) If, after notice and opportunity for hearing under ORS 183.310 to 183.550 the Director determines that one or more violations have occurred, the Director may impose one or more of the following: (a) Provide a specified time for remedy; (b) Ass…

690-240-0590 Multiple Violations and Consolidation of Proceedings In cases of multiple or continuing violations, each occurrence of substantially the same activity and each days continuance of a violation after the responsible party has been notified is a separate and distinct vi…

690-240-0600 Factors Affecting Selection of Type and Degree of Enforcement In selecting the appropriate type and degree of enforcement, the Director may consider the following factors: (1) Whether the constructor's file demonstrates a pattern of prior similar violations; (2) Whet…

690-240-0610 Change in Enforcement Status (1) In the interest of achieving compliance, the Director at any time may reevaluate the status of the violation(s) and take appropriate action, including reduction of the enforcement level or remission of all or part of any civil penalti…

690-240-0630 Assessment of Civil Penalties Under OAR 690-240-0580(1) the Director may at any time select the most appropriate enforcement tool, including assessment of civil penalties, to gain compliance. However, the Director shall not impose a civil penalty if compliance has be…

690-240-0640 Schedule of Civil Penalties (1) The amount of civil penalty shall be determined consistent with the following schedule: (a) Not less than $50 nor more than $250 for each occurrence defined in these rules as a minor violation; (b) Not less than $200 nor more than $1,0…

690-250-0005 Purpose of Rules The purpose of these administrative rules is to give guidance in the administration of Oregon water laws. The rules provide instruction on how regulatory actions are to be done where statutes are unclear. Statutory authority to adopt administrative r…

690-250-0010 Definitions The following definitions apply in OAR 690, division 250. (1) “Appropriator”: Water user, trustee or agent in charge of the works. (2) “Basin Program”: A program adopted by the Water Resources Commission to establish water management policies and objectiv…

690-250-0020 Futile Calls (1) A call for distribution of surface water is futile when a junior appropriator has been denied the use of water and, in the judgement of the watermaster, an inadequate amount of water, or no water, reaches the senior appropriator or minimum flow point…

690-250-0030 Appropriator Obliged to Maintain a Functional Point of Diversion The watermaster shall have no obligation to increase flows of surface water to reach the elevation of a diversion or to overcome friction losses caused by clogged diversion facilities of the person call…

690-250-0040 Protection of Water Involved in a Transfer of Point of Diversion The quantity of water available under a right that has been transferred to a new point of diversion is protected only to the extent of the terms of the certificate for that right and the quantity availa…

690-250-0050 Controlling Waste and Unlawful Use of Water (1) Unlawful use of water subject to corrective action by watermasters includes, but is not limited to, the following: (a) Irrigating land without a right; (b) Using water for a purpose not authorized in the right; (c) Irri…

690-250-0060 Diversion Works and Measuring Device Installation Notices for Surface Water and Ground Water (1) Water use controlling devices and/or measuring devices shall be required when necessary for regulation or management purposes. When, in the watermaster’s judgement, it be…

690-250-0070 Irrigation Seasons (1) Whenever the dates or times of the year within which an irrigation right may be exercised are not specified in decree, permit, certificate, order or basin program, the watermaster shall recognize the entitlement of the permits and certificates …

690-250-0080 Water Rotation Agreements (1) Appropriators may rotate use of the supply to which they may be collectively entitled. The nature of potential agreements are subject to the limitations in section (3) of this rule. (2) An agreement shall identify the duration of the agr…

690-250-0090 Entry on Private Property (1) ORS 536.037(1)(e) empowers the director to “enter upon any private property in the performance of the duties of the director, doing no unnecessary injury to the private property.” The director may delegate authority to a watermaster or a…

690-250-0100 Regulation of Surface Water (1) The watermaster shall investigate and respond to all complaints of water shortages or unlawful use based on a review of appropriate records and performance of field inspections, as judgement may require. The watermaster’s response may …

690-250-0110 Regulation of Ground Water (1) The watermaster shall respond to complaints based on a review of appropriate records and performance of necessary field inspections as judgement may require. The watermaster may request the assistance of a ground water geologist. The wa…

690-250-0120 Regulation of Ground Water/Surface Water (1) The watermaster shall respond to complaints based on a review of appropriate records and performance of necessary field inspections as judgement may require. The watermaster may request the assistance of a ground water geo…

690-250-0130 Regulation of Exempt Groundwater Uses under ORS 537.545 (1) In addition to non-exempt uses, the watermaster may regulate exempt uses of groundwater based on the priority of the exempt uses. The priority date shall be the date the well was completed as shown on the we…

690-250-0140 Special Problem Area Regulation The watermaster may prohibit the diversion or use of water by anyone who has failed to comply with a Commission rule or order pursuant to a declaration of a serious water management problem area under ORS 540.435. Statutory/Other Autho…

690-250-0150 Management of Stored Water (1) Water which has been illegally stored is under the complete control of the watermaster. When water has been illegally stored, the watermaster shall notify the owner of the reservoir containing the illegally stored water of how much was …

690-250-0160 Collections Authority (1) The Water Resources Department has collection authority through the provisions of ORS 540.080, 540.100 to 540.135, 540.220 to 540.260, and 540.410. (2) The Director may bill for services where authorized by statute. With the exception of ORS…

690-260-0005 Purpose of Rules (1) The purpose of these rules is to provide guidance for enforcement and assessment of civil penalties for violations of state water law. Notice requirements, classification of violations, a penalty schedule and a hearing process are described in th…

690-260-0010 Definitions The following definitions apply in OAR 690, division 260. (1) “Acceptable Schedule” means a compliance schedule that is acknowledged and signed by the Director. (2) “Agency” means any state board, commission, department or division thereof, or any officer…

690-260-0020 Violation Policy (1) Upon the Director’s own initiative, or in response to a complaint alleging violation of certain statutes, rules, orders, permit conditions or standards, the Director may investigate to determine if a violation occurred. (2) If the investigation i…

690-260-0030 Notice of Violation The responsible party shall be notified of a violation within 10 business days of confirmation by the Director of the violation. Notice of the violation occurs when the Department has either delivered the notice of violation in person or mailed th…

690-260-0040 Classification of Violations (1) Violations are classified as follows: (a) Class I — Violations of the terms or conditions of a permit, certificate or license issued under ORS 536 to 543; Violation of ORS 537.130 or 537.535; Violation of ORS 540.045, 210, 320, 340, 4…

690-260-0050 Reasonable Time for Correction of Violation No civil penalty shall be assessed for a violation if the person or agency causing the violation, corrects the violation within the time given for correction in the notice of violation. Reasonable Time for Correction Guidel…

690-260-0055 Repeat Violations and Continuing Notice of Violation Any similar violation for which the person or agency responsible has received a notice of violation within the last three years is a repeat violation. Such notice shall serve as a continuing notice of the violation…

690-260-0060 Notice of Assessment of Civil Penalty (1) Persons or agencies who have received a notice of violation, as prescribed in OAR 690-260-0030, and have not corrected the violation within the time specified in the notice or have been previously served a notice for a simila…

690-260-0070 Schedule of Civil Penalties (1) Base penalties shall be determined through the use of the following matrix: (a) Class I: (A) Major, $1000; (B) Moderate, $500; (C) Minor, $250. (b) Class II: (A) Major, $500; (B) Moderate, $250; (C) Minor, $125. (c) Class III: (A) Majo…

690-260-0080 Adjustments to Schedule of Civil Penalties (1) In addition to the repeat factor listed in OAR 690-260-0070(2), the Director shall consider: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to c…

690-260-0090 Opportunity for Hearing (1) Persons or agencies receiving a notice imposing a civil penalty may request a hearing within 10 days from the date of mailing the notice. Notice may be served personally or by mail. In the case of service by mail, the date of mailing shall…

690-260-0100 Liability for Damages Related to Enforcement (1) Persons or agencies who have been ordered to take correction action by the Water Resources Commission, and who fail to do so without sufficient cause, are liable for damages. The calculation of damages may include all …

690-260-0110 Notice of Violation to Water Providing Organizations (1) When a member of a water providing organization is notified of a violation, a duplicate notice of violation shall be served in person or by registered or certified mail on the organization. (2) The purpose of n…

690-300-0010 Definitions The following definitions apply in OAR chapter 690, divisions 310, 320, 330, 340, 350, 380, 382, and 385 and to any permits, certificates, limited licenses, or transfers issued under these rules: (1) "Affected Local Government" means any local government …

690-305-0000 Purpose and Applicability The purpose of this rule is to establish general criteria for maps submitted to the Department on or after April 1, 2026. Unless otherwise specified in rule, these rules apply to applications submitted under OAR chapter 690, divisions 14, 18…

690-305-0010 General Map Criteria Each map submitted to the Department shall meet the following general criteria in addition to any specific criteria identified in the rules for the relevant water right transaction: (1) Drawing (a) The map shall be drafted on paper or polyester f…

690-310-0000 Purpose (1) The purpose of this division is to establish information requirements, and procedures and standards which shall be applied by the Department in the evaluation of applications for a permit to appropriate surface water, ground water, to construct a reservoi…

690-310-0005 Determination of Appropriate Step in Process for Applications Pending on June 30, 1995 Pursuant to section 46, chapter 416, Oregon Laws 1995, for each application described under OAR 690-310-0000 that was pending or filed with the Commission or the Department on June…

690-310-0020 Requirement to Notify Owner of Land Crossed by Proposed Ditch, Canal or Other Work (1) The Department shall not issue a permit without notifying the owner, as identified in the application, of any lands not owned by the applicant to be crossed by a proposed ditch, ca…

690-310-0030 Grounds for Refusal to Issue or Cancellation of Permit (1) In addition to any other provision for refusal to issue a permit, the following shall be grounds for refusal to issue a permit: (a) Failure of an applicant to comply with the requirements under OAR 690-310-00…

690-310-0040 Application Requirements (1)(a) Each application for a permit to appropriate water shall be made to the Department on a form prescribed by the Department and shall set forth: (A) The name, mailing address, and email address, if available, of the applicant(s); (B) The…

690-310-0050 Map to Accompany Application for Water Use Permit Maps submitted as part of an application for water use permit shall meet the standards in OAR chapter 690, division 305. Statutory/Other Authority: ORS 536.027 Statutes/Other Implemented: ORS 537.140 & ORS 537.615 His…

690-310-0060 Permits for Livestock Watering Outside of Riparian Areas (SB 150, 1989); Fees (1) Applications for permits to use water exclusively for livestock watering outside of riparian areas are subject to the following reduced fees: (a) For examining the application, $40; (b)…