Current through Register Vol. 63, No. 9, September 1, 2024
(1)
After the Governor declares that a severe, continuing drought exists, the
Director may approve applications for emergency use permits. Emergency use
permits shall allow use of water to replace water not available under an
existing right because of the drought. Each application must be for use within
a designated drought area. All fees required by OAR 690-019-0100 shall
accompany the application. Application forms may be obtained from the
Department.
(2) An emergency water
use permit applicant shall submit sufficient information to establish that:
(a) Drought conditions have created an
inability on the part of the applicant to obtain water under an existing right;
and
(b) Use is proposed in a
designated drought area;
(c)
Additionally, the Director may require the applicant to submit a plan and
evidence showing conservation and water use curtailment measures have been
taken before use is made of an emergency use permit.
(3) The Director shall approve an application
for emergency water use upon findings that the proposed use will not cause
injury to existing water rights and will not impair or be detrimental to the
public interest. In evaluating whether the proposed use will impair or be
detrimental to the public interest, the Director shall consider the factors
described in OAR 690-310-0120 and 690-310-0130; and:
(a) The need for water because of the drought
emergency; and
(b) The short-term
nature of the proposed emergency use.
(4) An emergency use permit may be issued
upon approval by the Director. No hearing under ORS
537.170 is required:
(a) Public notice of receipt of emergency use
applications or approval of such applications will be included in the
Department's regular public notice of applications;
(b) The Director will consider all comments
received concerning the use, or proposed use, under the emergency use permit
throughout the life of the permit.
(c) Use of water under the emergency use
permit may be regulated at any time in accordance with the terms and conditions
of the permit;
(5)
Emergency use permits issued by the Director shall include the following
conditions or limitations:
(a) Use of water is
subject to prior water right permits, certificates, decreed rights, scenic
waterway flows and minimum stream flows;
(b) A specified duration of use, not to
exceed one year, unless renewed pursuant to OAR 690-019-0085;
(c) Rate, volume, and season limitations
which shall not exceed the limitations of the underlying water right, including
a condition that permits granted pursuant to this section shall not extend the
season beyond historic use;
(d) The
expiration date for the permit granted pursuant to this section which shall not
exceed the term of the Governor's declared drought;
(e) If use of water under the emergency use
permit causes injury to an existing water right, the permit shall be revoked
unless the injury is mitigated to the satisfaction of the Director and injured
water right holder; and
(f) Any
other conditions the Director deems appropriate, including but not limited to
water use conservation, measurement and water curtailment measures.
(6) An emergency use permit issued
to a state agency or political subdivision shall require:
(a) Submission of a water conservation or
curtailment plan for approval by the Director; or
(b) Implementation of an approved water
conservation or curtailment plan when directed by the Governor.
(7) A previously submitted
conservation or curtailment plan may be submitted in lieu of the requirement
for submittal in subsection (6)(a) of this rule.
(8) If an application fails to meet any
requirement of these rules the application shall not be filed and shall be
returned to the applicant.
Stat. Auth.: ORS
536.720 - ORS
536.780
Stats. Implemented: ORS
536.720 - ORS
536.780
