Or. Admin. R. 690-315-0010

Current through Register Vol. 63, No. 5, May 1, 2024

Section 690-315-0010 - Purpose

(1) OAR 690-315-0010 through 690-315-0100 establish the procedures and standards by which the Department shall evaluate applications for extensions of time for water right permit holders to:

(a) Begin actual construction pursuant to ORS 537.248 or as otherwise authorized by law; or

(b) Complete construction or completely apply water to the full beneficial use pursuant to ORS 537.230 and 537.630.

(2) OAR 690-315-0010 through 690-315-0100 do not apply to permit holders requiring Federal Energy Regulatory Commission permits pursuant to ORS 537.240.

(3) Except as provided in subsection (4) of this Section, these rules shall become effective July 1, 2001, superceding OAR 690-320-0010 and all applications requesting extensions of time to begin construction and perfect water rights permits filed with the Department on or after July 1, 2001 shall be governed by OAR 690-315-0010 through 690-315-0060.

(4) Notwithstanding subsection (3), all extension applications for municipal and quasi-municipal water use permits requesting additional time to complete construction and/or apply water to full beneficial use for which the Department has not issued a Proposed Final Order by November 1, 2002, shall be governed by 690-315-0070 through 690-315-0100.

(5) For the purpose of the rules in this Division "Protest" means a written statement expressing disagreement with a proposed final order issued under OAR 690-315-0050, filed in the manner and having the content as described in OAR 690-315-0060.

(6) For the purpose of the rules in 690-315-0070 through 690-315-0100:

(a) "Municipal Water Use" means the delivery and use of water through the water service system of a municipal corporation for all water uses usual and ordinary to such systems. Examples of these water uses shall include but are not limited to domestic water use, irrigation of lawns and gardens, commercial water use, industrial water use, fire protection, irrigation and other water uses in park and recreation facilities, and street washing. Such uses shall not include generation of hydroelectric power;

(b) "Municipal Corporation" means any county, city, town or district as defined in ORS 198.010 or 198.180(5) that is authorized by law to supply water for usual and ordinary municipal water uses except: an irrigation district organized under ORS Chapter 545, a drainage district organized under ORS Chapter 547, a water improvement district organized under ORS Chapter 552, or a water control district organized under ORS Chapter 553;

(c) "Quasi-Municipal Water Use" means the delivery and use of water through the water service system of a corporation, other than a public corporation, created for the purpose of operating a water supply system, for those uses usual and ordinary to municipal water use, or a federally recognized Indian tribe that operates a water supply system for uses usual and ordinary to a municipal water use;

(d) "Fish species listed as sensitive, threatened, or endangered under state or federal law" and "Listed fish species" means fish species listed as threatened or endangered under the federal Endangered Species Act of 1973 ( PL 93-205, 16 U.S.C.) or listed as sensitive, threatened or endangered by the Oregon State Fish and Wildlife Commission under ORS 496.172 to 496.176 and OAR chapter 635, division 100;

(e) "Use of the undeveloped portion of the permit" means the diversion of the undeveloped portion of a surface water permit or the impact on a stream from pumping the undeveloped portion of a ground water permit where the Department has determined there is a potential for substantial interference pursuant to OAR chapter 690, division 9;

(f) "Portions of waterways affected by water use under the permit" means those portions of the drainage basin at or below the point of diversion for a surface water permit or the location of impact on a stream from a ground water permit where the Department has determined there is a potential for substantial interference pursuant to OAR chapter 690, division 9 downstream to the lower-most point within the applicable river basin as identified by the Department pursuant to its authority under ORS 536.700;

(g) "Undeveloped portion of the permit" means the portion of the permit that is the difference between the maximum rate, or duty if applicable, specified in the permit and the maximum rate, or duty if applicable, diverted for beneficial use before the extension; and

(h) "Water Management and Conservation Plan" means a Water Management and Conservation Plan pursuant to OAR chapter 690, division 86.

(7) By November 30, 2006, the Water Resources Commission shall evaluate implementation of rules related to applications for extension of time for municipal water use permits.

Or. Admin. R. 690-315-0010

WRD 4-1998, f. & cert. ef. 11-2-98; WRD 1-2001, f. & cert. ef. 1-31-01; WRD 1-2002, f. & cert. ef. 4-30-02; WRD 4 2002, f. & cert. ef. 11-1-02; WRD 2-2005, f. & cert. ef. 11-22-05

Stat. Auth.: ORS 536.025 & 536.027

Stats. Implemented: ORS 537.230, 537.248, 537.630 & 539.010