Current through Register Vol. 63, No. 9, September 1, 2024
(1) Following issuance and notification of
the Initial Notification of Proposed Corrective Control Orders, and prior to
implementation of any proposed corrective control provisions as may limit the
use of groundwater in the critical groundwater area, the Department shall issue
a Notice of Proposed Corrective Control Orders proposing implementation of one
or more corrective control provisions as specified in ORS 537.742(2)(a) -
(f).
(2) The Notice of Proposed
Corrective Control Orders is a notice for the purposes of ORS 183.415 and
shall, in addition to those elements in ORS 183.415 and OAR 137-003-0505,
include the following:
(a) A case caption that
identifies the critical groundwater area at issue including a citation to the
rule establishing the critical groundwater area and identification of each
county in which the critical groundwater area is located;
(b) A statement of the problem resulting in
designation of the critical groundwater area that may be addressed by the
proposed corrective control provisions limiting the use of groundwater in the
critical groundwater area;
(c) A
clear and concise description of the proposed corrective control
provisions;
(d) A description of
the area where the Director intends to implement the proposed corrective
control provisions including attachment of any maps as necessary to clearly
show the area of intended corrective control provisions such that groundwater
right holders and exempt users located within the area of intended action may
determine whether they will be affected by the proposed corrective control
provisions;
(e) Identification of
those groundwater right holders and exempt users whose rights to use
groundwater may be limited or otherwise restricted by the proposed corrective
control provisions;
(f) Findings of
fact that support a conclusion that the problem(s) that resulted in designation
of a critical groundwater area may be corrected by implementing the corrective
control provisions specified in the Notice of Proposed Corrective Control
Orders;
(g) Reference to scientific
information that supports the agency's findings of fact;
(h) Conclusions of law based on the findings
of fact and applicable law;
(i) An
explanation of the reasoning that leads from the findings of fact to the
conclusion that the problems that resulted in designation of the critical
groundwater area may be resolved by implementation of the corrective control
provisions identified in the notice;
(j) A notice of right to a contested case
hearing pursuant to ORS chapter 183.415 and OAR 137-003-0505;
(k) A deadline for filing a Notice of Party
Status, as provided in OAR 690-010-0190 by persons holding a groundwater right
or exempt users this deadline will be no less than 30 days after the Notice of
Proposed Corrective Control Orders is mailed; and
(l) A deadline for filing a Petition for
Party Status as provided in OAR 690-010-0190; this deadline will be no less
than 30 days after the Notice of Proposed Corrective Control Orders is
mailed.
(3) The
Department shall provide notification of the Notice of Proposed Corrective
Control Orders by:
(a) Mailing copies of the
Notice of Proposed Corrective Control Orders by certified or registered mail to
groundwater right holders and exempt users whose wells are within the
identified area in which corrective control provisions are proposed and whose
use of groundwater will be limited by proposed corrective control provisions
but only as the Department possesses contact information or may reasonably
obtain contact information;
(b)
First class mail to any affected local governments and to federally recognized
Indian Tribes within Oregon;
(c)
Mailing copies of the Notice of Proposed Corrective Control Orders by regular
mail to persons who have timely requested copies of the notice and who chose
mail as their preferred method of contact as provided in OAR
690-010-0170(6);
(d) Emailing
copies of the Notice of Proposed Corrective Control Orders to persons who have
timely requested copies of the notice and who chose email as their preferred
method of contact as provided in OAR 690-010-0170(6);
(e) Publication in the weekly notice
published by the Department for four consecutive weeks;
(f) Publication on the Department's
website.
Statutory/Other Authority: ORS 536.027 & ORS
537.780
Statutes/Other Implemented: ORS 537.780, ORS 537.730 -
537.742, ORS 537.525, ORS 183 & ORS 536 -
537
