Or. Admin. Code § 690-009-0050

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

Section 690-009-0050 - Groundwater Controls

(1) The Department shall review existing groundwater appropriations to determine the potential to cause substantial interference with a surface water source on a case-by-case basis, in accordance with OAR 690-009-0060, whenever substantial interference with a surface water source is suspected to exist by the Department.

(2) Whenever the Department determines that substantial interference with a surface water supply exists, the Department shall control those groundwater appropriations that have been determined under section (1) of this rule to have the potential to cause substantial interference. The controls shall be similar to or compatible with, but not more restrictive than controls on the affected surface water source, in accordance with the relative dates of priorities of the groundwater and surface water appropriations:

(a) Prior to controlling the use of any well greater than 500 feet from a surface water source, the Department shall determine whether any control would provide relief to the surface water supply in an effective and timely manner. The Department shall make the determination on the basis of the best available information, employing at least one of the methods set forth in OAR 690-009-0060(4)(d);

(b) The Department shall control the use of wells greater than one mile from a surface water source only through a critical ground water area determination in accordance with ORS 537.730 through 537.740.

Or. Admin. Code § 690-009-0050

WRD 17-1988, f. & cert. ef. 11-4-88; WRD 5-2024, amend filed 09/17/2024, effective 9/17/2024

Statutory/Other Authority: ORS 537 & ORS 536.027

Statutes/Other Implemented: ORS 537