Current through Register Vol. 63, No. 9, September 1, 2024
(1) The rulemaking process for designation of
a critical groundwater area is governed by the applicable provisions under ORS
Chapter 183, ORS 537.730 to 537.742, OAR Chapter 690 Divisions 001 and 005, and
these rules.
(2) A rule adopted by
the Water Resources Commission shall:
(a)
Define the boundaries of the critical groundwater area and shall indicate which
of the groundwater reservoirs located either in whole or in part within the
area in question are included within the critical groundwater area. Any number
of groundwater reservoirs which either wholly or partially overlie one another
may be included within the same critical groundwater area;
(b) Contain a provision requiring a periodic
review of conditions in the critical groundwater area. The review shall be in
sufficient detail to evaluate the continuing need for the critical groundwater
area designation and shall occur no less frequently than once every 10
years.
(3) For the
purposes of ORS 537.735(1)(a) the exterior boundaries of a critical groundwater
area may be reasonably inferred or ascertained:
(a) According to the presence of physical
natural boundaries, hydrological conditions, or recharge or discharge areas;
or
(b) Administratively by defining
an affected area that does not have boundaries defined by natural
features.
(c) Additionally, to the
extent that sub-areas wholly contained within the designated critical
groundwater area must be defined to allow for implementation of corrective
control provisions, these sub-area boundaries will also be reasonably inferred
or ascertained as in 690-010-0130 (3)(a) or (3)(b).
(4) In addition to the requirements under
section (1), prior to Commission adoption of a rule designating a critical
groundwater area, the Department shall:
(a)
Coordinate with affected local governments using the process described in OAR
690-010-0140; and
(b) Engage, as
described in OAR 690-010-0150, with any federally recognized Indian tribes in
Oregon;
(c) Prior to convening a
rules advisory committee pursuant to ORS 183.333, the Department shall prepare
a draft report based on the best available science and information, identifying
the criteria met under ORS 537.730(1)(a) - (g), identifying and characterizing
the groundwater reservoirs subject to the proposed critical groundwater area
designation and identifying corrective control measures likely to resolve the
problems that resulted in the recommendation to designate a critical
groundwater area. The draft report shall be posted on the Department's webpage
until the end of the public comment period:
(A) Until the close of the public comment
period, and consistent with ORS 183.335, the Department shall solicit and
accept information and comments from the public regarding the draft
report;
(B) The Department shall
review the information and comments received and present a final report to the
Commission that includes the Department's findings and conclusions and includes
an assessment of the information and comments received;
(C) The report's findings and conclusions
with respect to designation of a critical groundwater area shall be supported
by substantial evidence that justifies the designation.
(5) In addition to the notice
requirements under ORS 183.335, the Department shall give notice of the
proposed rules by regular mail to:
(a) The
owners of record of all groundwater registrations, inchoate transfers, permits
and certificates for groundwater use within the affected area. For the purpose
of providing notice by regular mail, the Department may rely upon the available
county tax lot ownership information for parcels underlying or overlapping with
water right places of use in the proposed critical groundwater area.
(b) All tax lot owners within the affected
area and not within a municipal or quasi-municipal water service
area.
(c) Each well constructor
licensed under ORS 537.747.
(6) At least 60 days after notice of the
proposed rules is provided under ORS 183.335, ORS 537.730(3) and these rules,
the Department shall hold at least one public hearing within each county in
which the proposed critical groundwater area lies. Notice of the hearing shall
be provided in a manner consistent with ORS 537.730(3) and ORS
183.335(3)(b).
(7) As of the
effective date of the 2023 amendments to these OAR Chapter 690, Division 010
rules, the Department had convened a Rulemaking Advisory Committee to consider
adoption of a critical groundwater area in the Malheur Lake Basin (OAR Chapter
690, Division 512). These amended Division 010 rules, OAR 690-010-0100 through
OAR 690-010-0240, apply to the proposal and adoption of any critical
groundwater area rules arising from the already convened Rulemaking Advisory
Committee, except as follows: The Department shall post the draft report
required by OAR 690-010-0130(4)(c), initiate coordination with affected local
governments as provided in OAR 690-010-0140(1), and initiate engagement with
applicable federally recognized Indian tribes as provided in OAR
690-010-0150(1), no less than 60 days before issuing a notice of proposed
rulemaking pursuant to ORS 183.335.
Statutory/Other Authority: ORS 536.027 & ORS
537.780
Statutes/Other Implemented: ORS 537.730-537.742, ORS 537.780,
ORS 537.525, ORS 183 & ORS
536-537
