Oregon Administrative Rules
Chapter 690 - WATER RESOURCES DEPARTMENT
Division 310 - WATER RIGHT APPLICATION PROCESSING
Section 690-310-0040 - Application Requirements
Universal Citation: OR Admin Rules 690-310-0040
Current through Register Vol. 63, No. 9, September 1, 2024
(1)
(a) Each application for a permit to
appropriate water shall be made to the Department on a form prescribed by the
Department and shall set forth:
(A) The name
and mailing address of the applicant(s);
(B) The source(s) of water from which the
water is proposed to be diverted or appropriated, including the name and
mailing address of any owner of the land upon which the source of the water
supply is located;
(C) The amount
of water to be appropriated from each source;
(D) A map of the proposed water use as set
forth in the mapping requirements in OAR 690-310-0050;
(E) The nature of the proposed
use(s);
(F) The name and mailing
address of the owner of any lands that are not owned by the applicant and that
are crossed by the proposed ditch, canal or other work even if the applicant
has obtained written authorization or an easement from the owner.
(G) A statement declaring the existence of
written authorization or an easement permitting access to land crossed by the
proposed ditch, canal or other work. This requirement shall not apply to
applications for irrigation or domestic use where the applicant would occupy
state-owned submersible lands for the construction, maintenance, and operation
of any structure or facility necessary for the use of water;
(H) Proposed dates for the beginning of
construction, completion of construction, and complete application of the water
to the proposed beneficial use;
(I)
The legal description of:
(i) The property
from which the water is to be diverted;
(ii) Any property crossed by the proposed
ditch, canal or other work; and
(iii) Any property on which the water is to
be used as depicted on the map.
(J) A description, including drawings if
required by the Department, of the proposed means of diversion, construction,
and operation of the diversion works and conveyance of the appropriated waters;
(K) Information the applicant has
that describes why the amount of water requested is needed, measures the
applicant proposes to prevent waste, to measure the amount of water diverted,
to prevent damage to aquatic life and riparian habitat, to prevent the
discharge of contaminated water to a surface stream and measures the applicant
proposes to prevent damage to public uses of affected surface waters;
(L) Land use information as outlined in the
Department's Land Use Planning Procedures Guide described in OAR
690-005-0035(4) or a receipt signed and dated by a local government official
acknowledging the land use information request was received by the local
planning Department;
(M) Signature
of the applicant(s), and, if the applicant is a public agency, corporation or
business, the title or authority of the person who signs the application on
behalf of the entity;
(N) An oath
that the information contained in the application is true and
accurate;
(O) The estimated
capacity of each pump in gallons per minute, and the horsepower of each pump
motor;
(P) All other data
concerning the proposed project and the applicant's ability and intention to
construct the project, as the Department considers necessary;
(Q) Any other information required in the
application form that is necessary to evaluate the application in accordance
with applicable statutory requirements;
(R) If the requested water use is
supplemental to an existing water use, identification of any application for a
permit, permit, certificate or adjudicated right to appropriate water made or
held by the applicant that is primary to the supplemental use.
(b) If the application
is for a permit to appropriate ground water, in addition to the information
required under subsection (a) of this section, the application shall contain:
(A) For any well already constructed, a copy
of the well constructor's log, if available. If a well log is not available, or
if the well is not already constructed, the proposed total depth, depth of
casing and seal, and the anticipated perforation and open intervals;
(B) The horizontal distance for each proposed
point of ground water appropriation to the nearest surface water, if less than
one mile, and the difference in land surface elevation between them;
(C) If the ground water is to be used for
irrigation purposes, a description of the lands to be irrigated, giving the
number of acres to be irrigated in each 40-acre legal subdivision;
(D) The depth to the water table, if
known;
(E) The location of each
well with reference to government survey corners or monuments or corners of
recorded plats;
(F) The estimated
capacity of each well;
(G) If the
ground water does not require pumping, the rate of flow in gallons in such
manner as the Commission may prescribe.
(c) If the application is to store water and
to construct a reservoir, or multiple reservoirs on a single contiguous
property on the same stream system, the application also shall include or be
accompanied by:
(A) Preliminary plans,
specifications and supporting information for the dam and impoundment area
including dam height, width, crest width and surface area;
(B) Proposed dates for the beginning and
completion of construction of the reservoir, the date the water will be stored
and put to beneficial use and the uses to be made of the impounded
water;
(C) A legal description of
the property upon which the water is to be stored;
(D) A map of the proposed place of use
prepared by a certified water right examiner in accordance with OAR
690-014-0150 unless the application is to construct a reservoir storing less
than 9.2 acre-feet of water or with a dam less than 10 feet in height, in which
case the map need not be prepared by a certified water right
examiner.
(d) If the
application is to appropriate stored surface water, the application also shall
include or be accompanied by documentary evidence that:
(A) The applicant has provided notice of the
application to the operator of the reservoir, if other than the applicant. This
requirement may be satisfied by providing a copy of written notice to the
operator of the reservoir, or a notarized affidavit signed by the applicant
stating that notice has been provided to the operator of the
reservoir;
(B) An agreement has
been entered into with the owner of the reservoir to provide enough water for
the purposes set forth in the application. If the applicant is the reservoir
owner, no such agreement is required. If the application is made under the
expedited review process for applications to use stored water under OAR
690-340-0060, the agreement may be submitted at any time prior to permit
issuance; and
(C) An agreement has
been entered into with any entity delivering the stored water other than the
applicant. If the application is made under the expedited review process for
applications to use stored water under OAR 690-340-0060, the agreement may be
submitted at any time prior to permit issuance.
(e) If for agricultural purposes, in addition
to any other information required, the application shall give the legal
subdivisions of the land and the acreage to be irrigated, as near as may
be;
(f) Except as otherwise
provided in OAR 690, division 51, if for power purposes, in addition to any
other information required, the application shall give the nature of the works
by means of which the power is to be developed, the head and amount of water to
be utilized, and the uses to which the power is to be applied;
(g) If for municipal or quasi-municipal water
supply, in addition to any other information required, the application shall
give the already installed and available capacities to provide water service,
present population to be served, and, as near as may be, the future
requirements of the population served, and if known, the methods that may be
used to meet such future requirements;
(h) If for mining purposes, in addition to
any other information required, the application shall give the nature of the
mines to be served, and the methods of supplying and utilizing the
water.
(2) Each application for a permit to appropriate water shall be accompanied by the examination fee set forth in ORS 536.050.
(3) If the proposed use of the water is for operation of a chemical process mine as defined in ORS 517.953, the applicant shall provide the information required under this section as part of the consolidated application under ORS 517.952 to 517.987.
(4) If the department determines that the source of a proposed use of water is in or above a scenic waterway, in addition to any other information required, the applicant shall provide the information required under OAR 690-310-0260.
Stat. Auth.: ORS 536.027
Stats. Implemented: ORS 390.835, 537.140 & 537.615
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
