Oregon Administrative Rules
Chapter 690 - WATER RESOURCES DEPARTMENT
Division 507 - UMATILLA BASIN PROGRAM
Section 690-507-0070 - Columbia-Umatilla Plateau Subbasin
Universal Citation: OR Admin Rules 690-507-0070
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Objectives: In developing a program for the management, use and control of the surface and groundwater resources of the Columbia-Umatilla Plateau subbasin, the Commission has the following objectives:
(a) Protect instream values in the Umatilla
River main stem by closing the main stem to future appropriations during the
low-flow season and limiting future appropriations during the high-flow season
to selected nonirrigation or nonconsumptive uses;
(b) Permit future surface water storage for
any beneficial use;
(c) Permit
artificial groundwater recharge to offset declining groundwater levels and
supplement existing groundwater uses;
(d) Achieve a balance between groundwater
pumpage and natural recharge in designated critical groundwater areas and
groundwater study areas;
(e)
Protect municipal groundwater supplies;
(f) Prevent new appropriations from causing
groundwater/surface water interference.
(2) Surface Water: Appropriation and use of surface water in the Columbia-Umatilla Plateau subbasin shall comply with the following provisions:
(a) Umatilla River and
tributaries are withdrawn from further appropriation of unappropriated waters
during the period June 1 through October 31 each year. The withdrawal does not
apply to domestic, livestock, fish and wildlife uses or water released from
storage. This action was taken by the Commission on December 2, 1985;
(b) Classification: Permits to use
surface water may be issued only for the following classified uses:
(A) Subject to the provisions of OAR
690-507-0050(2)(c)(B)
and (C), the surface waters of the Umatilla
River main stem are classified for domestic, livestock, irrigation of
noncommercial lawn and garden not to exceed 1/2 acre, frost control, municipal,
industrial, power development, mining, fish life, wildlife, recreation,
pollution abatement, artificial groundwater recharge, and public instream uses
during the period November 1 through May 31 each year. This classification
rescinds the Commission's order of December 2, 1985, withdrawing the Umatilla
River and tributaries from further appropriation from November 1 through May 31
each year until December 31, 1988;
(B) The surface waters of Umatilla River
tributaries are classified for domestic, livestock, irrigation, frost control,
power development (subject to the limitations of OAR Chapter 690, Division 51),
mining, pollution abatement and artificial groundwater recharge during the
period November 1 through May 31 each year; and
(C) The surface waters of all other streams
are classified for domestic, livestock, irrigation, frost control, power
development (subject to limitations of OAR Chapter 690, Division 51), mining
and artificial groundwater recharge.
(c) Storage: Surface water legally stored
during the period November 1 through May 31, and legally released may be used
for any beneficial purpose;
(d)
Artificial groundwater recharge: Use of surface water for groundwater recharge
shall be subject to the following conditions:
(A) Recharged water used under a secondary
permit for irrigation may only provide supplemental water to lands with
existing irrigation rights or permits on June 24, 1988;
(B) Diversion of surface water for recharge
for irrigation under a secondary permit shall not exceed 2.25 acre feet per
acre to be irrigated; and
(C) If
the recharged water is to be used for municipal or industrial purposes under a
secondary permit, the applicant shall demonstrate to the satisfaction of the
Commission that it has an active water conservation program.
(e) Minimum perennial streamflows:
To support aquatic life in accordance with Section 3, Chapter 796, Oregon Laws
1983, no appropriation of water shall be made or granted by any state agency or
public corporation of the state for waters of the Umatilla River and
tributaries when flows are below the levels specified in Table 1. This
limitation shall not apply to domestic and livestock use or to waters legally
stored or released from storage; and with priority dates of 3-31-88.
(3) Groundwater: Appropriation and use of groundwater in the Columbia-Umatilla Plateau subbasin shall comply with the following provisions:
(a) Groundwater
resources of the basalt aquifer and shallow gravel aquifer within the Ordnance
Critical Groundwater Area are closed to further appropriation by Order of the
Director dated April 2, 1976;
(b)
Groundwater resources of the basalt aquifer within the Butter Creek Critical
Groundwater Area are closed to further appropriation by Order of the Director
dated August 18, 1986;
(c)
Groundwater resources of the basalt aquifer in the Stage Gulch Groundwater
Study Area are closed to further appropriation by Proclamation of the Director
dated January 31, 1985.
(d)
Classification: Permits to use groundwater may be issued only for the following
classified uses:
(A) The groundwater
resources of the basalt aquifer in the Ella Butte Groundwater Study Area
described in the Proclamation of January 31, 1985, are classified for
statutorily exempt uses (see definition) only. This classification terminates
the critical groundwater area determination proceeding initiated January 31,
1985, and the Proclamation of the same date issued for the Ella Butte study
area;
(B) The groundwater resources
of the Columbia-Umatilla Plateau outside the Ordnance and Butter Creek Critical
Groundwater Areas and the Ella Butte and Stage Gulch Groundwater Study Areas
are classified for statutorily exempt groundwater uses (see definition),
irrigation, municipal, industrial, power development, low temperature
geothermal, mining, fish life, wildlife, recreation, pollution abatement, and
artificial groundwater recharge;
(C) Groundwater from the basalt reservoir in
a five-mile radius around any municipal well of the cities of Heppner, Helix,
Ione, Lexington, and Pendleton is classified for municipal, group domestic and
statutorily exempt groundwater uses (see definition) only. Other uses may be
permitted if it is documented that a barrier to groundwater movement separates
a proposed well from municipal wells and there will be no interference with
municipal wells. Applications for other uses of groundwater within a five-mile
radius of a municipal well shall automatically be referred to the Commission
for review and consideration of public interest unless the affected city
affirms that it is in favor of the proposed appropriation. This classification
applies only when the affected city(ies) have a full-time conservation program
in effect;
(D) Subject to the more
strict controls imposed by the existing State Gulch Proclamation or issuance of
a critical area order for the Stage Gulch Groundwater Study Area, groundwater
from the basalt reservoir in a five-mile radius around any municipal well of
the cities of Echo, Hermiston, Pendleton, Stanfield, and Umatilla is classified
for municipal, group domestic and statutorily exempt groundwater uses (see
definition) only. Other uses may be permitted if it is documented that a
barrier to groundwater movement separates a proposed well from municipal wells
and there will be no interference with municipal wells. Applications for other
uses of groundwater within a five-mile radius of a municipal well shall
automatically be referred to the Commission for review and consideration of
public interest unless the affected city affirms that is in favor of the
proposed appropriation. This classification applies only when the affected
city(ies) have a full-time conservation program in effect.
(e) Permits issued to appropriate
groundwaters that may be hydraulically connected with surface water shall be
specially conditioned. The condition shall specify that when exercise of the
permit unduly interferes with surface water, the permit will be regulated in
favor of the surface water source.
Tables referenced are available from the agency.
Stat. Auth.: ORS 536 & 537
Stats. Implemented:
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