Current through Register Vol. 63, No. 9, September 1, 2024
(1) OAR
690-315-0010 through 690-315-0100 establish the procedures and standards by
which the Department shall evaluate applications for extensions of time for
water right permit holders to:
(a) Begin
actual construction pursuant to ORS
537.248 or as otherwise
authorized by law; or
(b) Complete
construction or completely apply water to the full beneficial use pursuant to
ORS 537.230 and
537.630.
(2) OAR 690-315-0010 through 690-315-0100 do
not apply to permit holders requiring Federal Energy Regulatory Commission
permits pursuant to ORS
537.240.
(3) Except as provided in subsection (4) of
this Section, these rules shall become effective July 1, 2001, superceding OAR
690-320-0010 and all applications requesting extensions of time to begin
construction and perfect water rights permits filed with the Department on or
after July 1, 2001 shall be governed by OAR 690-315-0010 through
690-315-0060.
(4) Notwithstanding
subsection (3), all extension applications for municipal and quasi-municipal
water use permits requesting additional time to complete construction and/or
apply water to full beneficial use for which the Department has not issued a
Proposed Final Order by November 1, 2002, shall be governed by 690-315-0070 through 690-315-0100.
(5) For the
purpose of the rules in this Division "Protest" means a written statement
expressing disagreement with a proposed final order issued under OAR
690-315-0050, filed in the manner and having the content as described in OAR
690-315-0060.
(6) For the purpose
of the rules in 690-315-0070 through 690-315-0100:
(a) "Municipal Water Use" means the delivery
and use of water through the water service system of a municipal corporation
for all water uses usual and ordinary to such systems. Examples of these water
uses shall include but are not limited to domestic water use, irrigation of
lawns and gardens, commercial water use, industrial water use, fire protection,
irrigation and other water uses in park and recreation facilities, and street
washing. Such uses shall not include generation of hydroelectric
power;
(b) "Municipal Corporation"
means any county, city, town or district as defined in ORS
198.010 or
198.180(5) that
is authorized by law to supply water for usual and ordinary municipal water
uses except: an irrigation district organized under ORS Chapter 545, a drainage
district organized under ORS Chapter 547, a water improvement district
organized under ORS Chapter 552, or a water control district organized under
ORS Chapter 553;
(c)
"Quasi-Municipal Water Use" means the delivery and use of water through the
water service system of a corporation, other than a public corporation, created
for the purpose of operating a water supply system, for those uses usual and
ordinary to municipal water use, or a federally recognized Indian tribe that
operates a water supply system for uses usual and ordinary to a municipal water
use;
(d) "Fish species listed as
sensitive, threatened, or endangered under state or federal law" and "Listed
fish species" means fish species listed as threatened or endangered under the
federal Endangered Species Act of 1973 (
PL
93-205, 16 U.S.C.) or listed as sensitive,
threatened or endangered by the Oregon State Fish and Wildlife Commission under
ORS 496.172 to
496.176 and OAR chapter 635,
division 100;
(e) "Use of the
undeveloped portion of the permit" means the diversion of the undeveloped
portion of a surface water permit or the impact on a stream from pumping the
undeveloped portion of a ground water permit where the Department has
determined there is a potential for substantial interference pursuant to OAR
chapter 690, division 9;
(f)
"Portions of waterways affected by water use under the permit" means those
portions of the drainage basin at or below the point of diversion for a surface
water permit or the location of impact on a stream from a ground water permit
where the Department has determined there is a potential for substantial
interference pursuant to OAR chapter 690, division 9 downstream to the
lower-most point within the applicable river basin as identified by the
Department pursuant to its authority under ORS
536.700;
(g) "Undeveloped portion of the permit" means
the portion of the permit that is the difference between the maximum rate, or
duty if applicable, specified in the permit and the maximum rate, or duty if
applicable, diverted for beneficial use before the extension; and
(h) "Water Management and Conservation Plan"
means a Water Management and Conservation Plan pursuant to OAR chapter 690,
division 86.
(7) By
November 30, 2006, the Water Resources Commission shall evaluate implementation
of rules related to applications for extension of time for municipal water use
permits.
Stat. Auth.: ORS
536.025 &
536.027
Stats. Implemented: ORS
537.230,
537.248,
537.630 &
539.010
