Current through Register Vol. 63, No. 9, September 1, 2024
(1) Permit
Required. The appropriation of water from any source for the purpose of
recharging a groundwater reservoir requires a permit. Likewise, any beneficial
use of artificially recharged groundwater in any such groundwater reservoir
requires a secondary groundwater permit.
(2) Pre-application Conference. Due to the
complexities and costs associated with recharge projects and recharge
permitting, the Department requires a pre-application conference.
(3) Supplemental Information for Permit
Application. In addition to data required on permit applications under OAR
690-310-0040, the applicant shall submit additional information to assist the
Commission in determining the public interest on the proposed project. An
application shall be accepted by the Department for filing only if it contains
all required data. Upon request, the Department may assist other agencies in
developing their responses to permit applications. The following attachments
are necessary:
(a) Minimum Perennial Stream
Flow or Instream Water Right. If a stream is the proposed recharge source, the
applicant shall provide a copy of the document which establishes that the
supplying steam has a minimum perennial stream flow or instream water right for
the protection of aquatic and fish life. If none is established, the applicant
shall attach a copy of a waiver of this prerequisite from the Oregon Department
of Fish and Wildlife;
(b) Water
Quality Permit. The applicant shall attach a copy of the necessary water
quality permits from Oregon Department of Environmental Quality, show that the
application for necessary permits has been filed, or show that permits are not
necessary;
(c) Purpose of Recharge.
The applicant shall describe the ultimate use or value of the groundwater
recharge;
(d) Annual Storage. The
applicant shall describe the volume of water, or the range of volumes, expected
to be stored annually by artificial recharge. The applicant shall describe
anticipated losses between the point of diversion and the place of
recharge;
(e) Financial Capability.
If the proposed recharge diversion is for five cfs or more, the applicant shall
display proof of financial capability to construct and operate the proposed
project. Unless otherwise approved by the Director, the capability shall be
supported by written statements from a lending institution;
(f) Hydrogeologic Feasibility Report. The
applicant shall demonstrate that the proposed recharge project is
hydrologically feasible. The report should include an assessment of groundwater
conditions in the reservoir and anticipated changes due to the proposed
recharge project. This report shall be sealed and signed by a professional(s)
registered or allowed, under Oregon law, to practice in this area of
geology;
(g) Project Description
Report. The applicant shall provide plans for recharge project construction,
operation, and costs. The report shall outline proposed monitoring plans for
flows, water levels in wells and groundwater quality. If surface water is a
proposed source of recharge, the report shall indicate when surplus surface
waters are generally available. The report shall be sealed and signed by a
professional(s) registered or allowed, under Oregon law, to practice civil
engineering and this area of geology;
(h) Additional Information. The Director may
require the applicant to submit additional information to assist in making the
public interest determination.
(4) Recharge Permit Processing. The Director
shall work with the applicant and may work with any person or agency to prepare
a draft permit. In particular, the Director shall seek assistance from the
State Department of Environmental Quality to develop a water quality monitoring
program and standards.
(5) Permit
Conditions. Any permit shall address the following items:
(a) Maximum rate and volume. A permit shall
specify a maximum diversion rate and a maximum annual diversion
volume;
(b) Meters. The recharge
permit shall require both the metering of recharge water from the source(s) and
metering of water at the place(s) of recharge. Any subsequent secondary
groundwater permit shall require metering of stored recharge water
withdrawals;
(c) Records,
Inspections. The permit shall require the permittee to keep accurate and
current records of metered values, water levels and other pertinent
information. The permit shall allow the Director to inspect records or works
covered by the permit upon reasonable notice and at any reasonable
time;
(d) Estimated Data. When
metered or measured data are missing in whole or in part, the Director may make
estimates from available data. The Director's estimates shall be reasonable
and, where there is a range of uncertainty, be conservatively low on water
delivered to the place of recharge and conservatively high on withdrawals of
stored recharge water;
(e) Water
Levels. The response of water levels in wells shall provide the principal basis
on which to judge the effectiveness of recharge under the permit and the
availability of stored recharge water:
(A)
Monitoring Program. The permit shall specify a water level monitoring program
for selected times and wells; and
(B) Key Wells, Target Levels. The permit
shall designate several key wells in the monitoring program. The permit shall
establish upper and lower target water levels for each well. Actual water
levels on an annual assessment date shall be compared to the target levels for
the purpose of prescribing allowable use of stored recharge water.
(f) Determination of Stored
Recharge Water. The permit shall specify the formula to determine the
availability of artificially recharged groundwater for appropriation. The
formula shall result from one of the following:
(A) Negotiation. The applicant and the
Department may negotiate a formula which relies principally on water levels in
wells, metered quantities of recharge, secondary permit withdrawals, and
hydrogeologic conditions in the area. At permit issuance, stored recharge water
may be credited at up to 85 percent of water metered to the place of recharge.
Withdrawals of stored recharge water shall be debited at 100 percent of metered
values. Calculations of stored recharge water shall be based only on recharge
over the last five years;
(B)
Definitive Groundwater Investigation. The applicant may present a definitive
groundwater investigation as a method to determine stored recharge water. The
Director must be satisfied that use of such information accurately describes
the quantity and location of water available for withdrawal as a result of the
recharge. That quantity must be in excess of the groundwater which would be
available if artificial recharge were not practiced. If no agreement is reached
by negotiation, the applicant must determine stored recharge water by a
definitive groundwater investigation.
(g) Storage Account. The Department shall
record its final determinations on stored recharge water in a storage account.
The permit shall specify a method by which the permittee may obtain information
on that account;
(h) Annual Report.
The permittee shall submit an annual report to both the Department and any
secondary permittee. That report shall include the range of recharge rates and
total quantities during the year at both the diversion point and the place of
recharge. In addition, the report shall include a general operations review,
the permittee's estimate of the storage account and the results of other water
quantity and quality programs which are required in the permit;
(i) Allowable Use of Stored Recharge Water.
See rules governing secondary groundwater permits in OAR
690-350-0130;
(j) Permit
Assignment. A permit condition shall require a potential assignee to prove, to
the Director's satisfaction, the financial capability to construct uncompleted
portions of and operate the project, if such proof was required for the
application;
(k) Condition Changes.
If, under actual operation of the recharge project, the Director notifies the
permittee that the Director has reason to believe there are adverse groundwater
quantity or quality effects, the permittee shall cease recharge activities. No
further diversion shall be made until measures to prevent, correct or monitor
those adverse effects have been agreed to and implemented;
(l) Technical Oversight. If the recharge
diversion is for five cfs or more, the permit may require the permittee to have
the construction and operation of the proposed project overseen by a
professional(s) registered or allowed, under Oregon law, to practice civil
engineering;
(m) Other Conditions.
The permit may contain other con-ditions which the Commission believes are
necessary.
(6) Recharge
Certificate. Annual reports as required in the permit shall be an element of
proof of appropriation to the satisfaction of the Department prior to issuance
of a confirming water right certificate. Operational conditions of the permit
shall become conditions of the certificate.
Stat. Auth.: ORS
536.025, ORS
536.027, ORS
536.220, ORS
536.300, ORS
536.310, ORS
537.135, ORS
537.338, ORS
537.356 - ORS
537.358, ORS 540 & ORS 543
Stats. Implemented: ORS
537.135
