Oregon Administrative Rules
Chapter 690 - WATER RESOURCES DEPARTMENT
Division 507 - UMATILLA BASIN PROGRAM
Section 690-507-0090 - Willow Creek Subbasin
Universal Citation: OR Admin Rules 690-507-0090
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 Willow Creek subbasin, the Commission has the following objectives:
(a) Protect
instream values by limiting future appropriations to selected nonirrigation or
nonconsumptive uses;
(b) Preserve
the opportunity for future upstream storage for all beneficial uses;
(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 Willow Creek subbasin shall comply with the following provisions:
(a) Classification: Permits to
use surface water may be issued only for the following classified uses:
(A) The surface waters of Willow Creek and
tributaries are classified for domestic, livestock, irrigation of noncommercial
lawn and garden not to exceed 1/2 acre, municipal, industrial, power
development (subject to the limitations of OAR Chapter 690, Division 51) mining
(including sand and gravel mining), fish life, wildlife, recreation, pollution
abatement, artificial groundwater recharge, and public instream uses; and
(B) Subject to the rights and
priorities existing on June 24, 1988, Willow Creek and tributaries are further
classified for all beneficial uses in conjunction with storage. All natural
flow rights issued on Willow Creek and tributaries after this date shall be
subordinate to this classification. Any storage project built under this
classification shall include provisions for municipal, fish and wildlife, and
recreation uses acceptable to the Commission.
(b) Storage: Surface water legally stored and
legally released, may be used for any beneficial purpose;
(c) 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.
(3) Groundwater: Appropriation and use of groundwater in the Willow Creek subbasin shall comply with the following provisions:
(a)
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;
(b)
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 as
described in the Proclamation of January 31, 1985, are classified for
statutorily exempt uses (see definition) only. This classification terminates
the critical groundwater 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 Willow Creek subbasin outside the Butter Creek Critical Groundwater Area
and the Ella Butte Groundwater Study Area 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; and
(C) Groundwater from the basalt
reservoir in a five-mile radius around any municipal well of the cities of
Heppner, Ione and Lexington 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.
(c) 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.
Stat. Auth.: ORS 536 & 537
Stats. Implemented:
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