Or. Admin. Code § 690-507-0070

Current through Register Vol. 63, No. 11, November 1, 2024

Section 690-507-0070 - Columbia-Umatilla Plateau Subbasin

(1) Objectives: In developing a program for the management, use and control of the surface and groundwater resources of the Columbia-Umatilla Plateau subbasin, the Commission has the following objectives:

(a) Protect instream values in the Umatilla River main stem by closing the main stem to future appropriations during the low-flow season and limiting future appropriations during the high-flow season to selected nonirrigation or nonconsumptive uses;

(b) Permit future surface water storage for any beneficial use;

(c) Permit artificial groundwater recharge to offset declining groundwater levels and supplement existing groundwater uses;

(d) Achieve a balance between groundwater pumpage and natural recharge in designated critical groundwater areas and groundwater study areas;

(e) Protect municipal groundwater supplies;

(f) Prevent new appropriations from causing groundwater/surface water interference.

(2) Surface Water: Appropriation and use of surface water in the Columbia-Umatilla Plateau subbasin shall comply with the following provisions:

(a) Umatilla River and tributaries are withdrawn from further appropriation of unappropriated waters during the period June 1 through October 31 each year. The withdrawal does not apply to domestic, livestock, fish and wildlife uses or water released from storage. This action was taken by the Commission on December 2, 1985;

(b) Classification: Permits to use surface water may be issued only for the following classified uses:

(A) Subject to the provisions of OAR 690-507-0050(2)(c)(B) and (C), the surface waters of the Umatilla River main stem are classified for domestic, livestock, irrigation of noncommercial lawn and garden not to exceed 1/2 acre, frost control, municipal, industrial, power development, mining, fish life, wildlife, recreation, pollution abatement, artificial groundwater recharge, and public instream uses during the period November 1 through May 31 each year. This classification rescinds the Commission's order of December 2, 1985, withdrawing the Umatilla River and tributaries from further appropriation from November 1 through May 31 each year until December 31, 1988;

(B) The surface waters of Umatilla River tributaries are classified for domestic, livestock, irrigation, frost control, power development (subject to the limitations of OAR Chapter 690, Division 51), mining, pollution abatement and artificial groundwater recharge during the period November 1 through May 31 each year; and

(C) The surface waters of all other streams are classified for domestic, livestock, irrigation, frost control, power development (subject to limitations of OAR Chapter 690, Division 51), mining and artificial groundwater recharge.

(c) Storage: Surface water legally stored during the period November 1 through May 31, and legally released may be used for any beneficial purpose;

(d) Artificial groundwater recharge: Use of surface water for groundwater recharge shall be subject to the following conditions:

(A) Recharged water used under a secondary permit for irrigation may only provide supplemental water to lands with existing irrigation rights or permits on June 24, 1988;

(B) Diversion of surface water for recharge for irrigation under a secondary permit shall not exceed 2.25 acre feet per acre to be irrigated; and

(C) If the recharged water is to be used for municipal or industrial purposes under a secondary permit, the applicant shall demonstrate to the satisfaction of the Commission that it has an active water conservation program.

(e) Minimum perennial streamflows: To support aquatic life in accordance with Section 3, Chapter 796, Oregon Laws 1983, no appropriation of water shall be made or granted by any state agency or public corporation of the state for waters of the Umatilla River and tributaries when flows are below the levels specified in Table 1. This limitation shall not apply to domestic and livestock use or to waters legally stored or released from storage; and with priority dates of 3-31-88.

(3) Groundwater: Appropriation and use of groundwater in the Columbia-Umatilla Plateau subbasin shall comply with the following provisions:

(a) Groundwater resources of the basalt aquifer and shallow gravel aquifer within the Ordnance Critical Groundwater Area are closed to further appropriation by Order of the Director dated April 2, 1976;

(b) Groundwater resources of the basalt aquifer within the Butter Creek Critical Groundwater Area are closed to further appropriation by Order of the Director dated August 18, 1986;

(c) Groundwater resources of the basalt aquifer in the Stage Gulch Groundwater Study Area are closed to further appropriation by Proclamation of the Director dated January 31, 1985.

(d) Classification: Permits to use groundwater may be issued only for the following classified uses:

(A) The groundwater resources of the basalt aquifer in the Ella Butte Groundwater Study Area described in the Proclamation of January 31, 1985, are classified for statutorily exempt uses (see definition) only. This classification terminates the critical groundwater area determination proceeding initiated January 31, 1985, and the Proclamation of the same date issued for the Ella Butte study area;

(B) The groundwater resources of the Columbia-Umatilla Plateau outside the Ordnance and Butter Creek Critical Groundwater Areas and the Ella Butte and Stage Gulch Groundwater Study Areas are classified for statutorily exempt groundwater uses (see definition), irrigation, municipal, industrial, power development, low temperature geothermal, mining, fish life, wildlife, recreation, pollution abatement, and artificial groundwater recharge;

(C) Groundwater from the basalt reservoir in a five-mile radius around any municipal well of the cities of Heppner, Helix, Ione, Lexington, and Pendleton is classified for municipal, group domestic and statutorily exempt groundwater uses (see definition) only. Other uses may be permitted if it is documented that a barrier to groundwater movement separates a proposed well from municipal wells and there will be no interference with municipal wells. Applications for other uses of groundwater within a five-mile radius of a municipal well shall automatically be referred to the Commission for review and consideration of public interest unless the affected city affirms that it is in favor of the proposed appropriation. This classification applies only when the affected city(ies) have a full-time conservation program in effect;

(D) Subject to the more strict controls imposed by the existing State Gulch Proclamation or issuance of a critical area order for the Stage Gulch Groundwater Study Area, groundwater from the basalt reservoir in a five-mile radius around any municipal well of the cities of Echo, Hermiston, Pendleton, Stanfield, and Umatilla is classified for municipal, group domestic and statutorily exempt groundwater uses (see definition) only. Other uses may be permitted if it is documented that a barrier to groundwater movement separates a proposed well from municipal wells and there will be no interference with municipal wells. Applications for other uses of groundwater within a five-mile radius of a municipal well shall automatically be referred to the Commission for review and consideration of public interest unless the affected city affirms that is in favor of the proposed appropriation. This classification applies only when the affected city(ies) have a full-time conservation program in effect.

(e) Permits issued to appropriate groundwaters that may be hydraulically connected with surface water shall be specially conditioned. The condition shall specify that when exercise of the permit unduly interferes with surface water, the permit will be regulated in favor of the surface water source.

Or. Admin. Code § 690-507-0070

WRB 26, f. 3-2-64; WRD 1-1981, f. & cert. ef. 4-20-81; WRD 10-1985, f. & cert. ef. 9-3-85; WRD 13, f. & cert. ef. 12-18-85; WRD 14-1985, f. & cert. ef. 12-20-85; WRD 1-1986, RF. & cert. ef. 2-20-86; WRD 1-1987, f. & cert. ef. 2-27-87; WRD 8-1988, f. & cert. ef. 7-5-88; WRD 9-1990, f. & cert. ef. 6-25-90; Administrative Renumbering 1-1993, Renumbered from 690-080-0070; WRD 2-2017, f. & cert. ef. 5/22/2017

Tables referenced are available from the agency.

Stat. Auth.: ORS 536 & 537

Stats. Implemented: