Current through Register Vol. 63, No. 9, September 1, 2024
(1) Policy -- The elimination of waste and
improving the efficiency of water use are high priorities. Use of water without
waste is required by state statute and the prior appropriation doctrine.
Programs to eliminate waste shall be implemented. In addition, improving the
efficiency of water use through implementation of voluntary conservation
measures can help restores instream flows and provide for future needs
including public uses and continued economic development. Priority shall be
given to developing subbasin conservation plans and providing public assistance
in areas of known over-appropriation of surface water and groundwater and of
water quality problems.
(2)
Principles -- Programs to achieve the policy in section (1) of this rule shall
be guided by the following principles:
(a)
Water users shall construct, operate and maintain their water systems in a
manner which prevents waste and minimizes harm to the waters of the state and
injury to other water rights;
(b)
Major water users and suppliers shall prepare water management plans under the
guidance of schedules, criteria and procedures which shall be adopted by rule.
The plans shall evaluate opportunities for conservation and include a
quantification of losses of water from the systems, an evaluation of the
effectiveness and costs of alternative measures to reduce losses, and an
implementation schedule for all feasible measures. During the planning
processes, consideration shall be given to the environmental impacts from and
time needed for implementation of system modifications. The Department shall
assist water users and suppliers in the preparation of the water management
plans;
(c) The Commission shall
encourage and facilitate the development of subbasin conservation plans
throughout the state by local advisory committees. Subbasin conservation plans
shall include measures to assist water users in eliminating waste, other
methods to improve water use efficiency in the subbasin, funding proposals to
implement the measures and procedures to protect water dedicated to instream
uses from further diversion. Priority shall be given to development of subbasin
conservation plans in serious water management problem areas, critical
groundwater areas and other areas where water supplies are not sufficient to
meet demands. The Commission shall adopt rules to guide formation of
broad-based committees, the preparation of subbasin plans, and the submittal of
plans to the Commission for approval;
(d) When wasteful practices are identified in
water management plans and subbasin conservation plans, the Commission shall
adopt rules prescribing statewide and subbasin standards and practices that
ensure beneficial use without waste. The rules shall recognize that conditions
vary for different parts of the state and for different uses;
(e) A conservation element shall be developed
and included in each basin plan when a major plan review and update is
performed;
(f) The collection,
analysis and distribution of information on water use and availability are
necessary to ensure that the waters of the state are managed for maximum
beneficial use and to protect the public welfare, safety and health. The
ability to measure flows at authorized points of diversion is essential to the
management of water and the elimination of waste;
(g) The Commission shall support public
education programs, research and demonstration projects to increase citizen and
water user awareness of water conservation issues and measures in the state;
and
(h) The Commission shall
support programs to provide economic assistance to water users to implement
desired conservation measures, particularly where the benefits of implementing
the measures are high.
Stat. Auth.: ORS 536
Stats. Implemented: ORS
536
