Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Department shall undertake a
preliminary review of the draft plan and the comments received pursuant to OAR
690-086-0905 to determine whether the plan includes the required elements of
OAR 690-086-0120 to 690-086-0170 for a Municipal WMCP, OAR 690-086-0220 to
690-086-0270 for a water management and conservation plan submitted by an
Agricultural Water Supplier, or OAR 690-086-0320 to 690-086-0370 for an
Alternate Municipal WMCP, as applicable.
(2) For a Municipal WMCP submitted by a
Municipal Water Supplier, the Department shall review the plan to determine if
the information and analyses in the plan are sufficient for the Department to
make the determination required under OAR 690-086-0130.
(3) For a water management and conservation
plan submitted by an agricultural water supplier the Department shall review
the plan to determine whether:
(a) The plan
includes the information required in OAR 690-086-0240;
(b) The water supplier has complied with the
requirements of OAR 690-086-0250 and has included a description of the actions
to be taken in the implementation of water conservation measures that are
feasible and appropriate for ensuring the efficient use of water delivered and
the prevention of waste; considering:
(A) The
economic feasibility of the measures for the water supplier;
(B) Any likely adverse environmental impacts
of implementation of the measures;
(C) Whether the measures are available and
proven;
(D) The time needed to
implement the measures;
(E) The
effects of local variations in soil type and weather on the potential for
successful implementation of the measures; and
(F) Whether the measures are consistent with
other relevant water management plans and subbasin conservation
plans.
(c) The water
allocation/curtailment element prepared under OAR 690-086-0260 satisfactorily
promotes water curtailment practices and the coordination of usage regulation,
taking into account state water law and local conditions, or is substantially
the same as a curtailment plan prepared pursuant to ORS
536.780 and OAR 690-019-0090 and approved by the Department within the previous five
years; and
(d) The water supplier
has included the information required in OAR 690-086-0270, and, in the list of
potential sources of water to meet projected demands, included the development
of any conservation measures which are available at a cost which is lower than
the cost of other identified sources or has provided sufficient justification
for the factors used in selecting other sources for development.
(4) For an Alternate Municipal
WMCP submitted by Small Municipal Water Supplier that meets the applicability
requirements of OAR 690-086-0300, the Department shall review the plan to
determine if the information and analyses in the plan are sufficient for the
Department to make the determination required under OAR 690-086-0330.
(5) Upon completion of the preliminary review
and no later than 90 days after receipt of a draft plan, the Department shall:
(a) After considering public comments,
provide the Department's written comments on the plan to the water supplier and
any person who submitted comments pursuant to OAR 690-086-0905; or
(b) After considering public comments if the
Department determines that the draft plan includes:
(A) The required plan elements under OAR
690-086-0125 for a Municipal WMCP, OAR 690-086-0225 for a water management and
conservation plan submitted by an Agricultural Water Supplier, or OAR
690-086-0325 for an Alternate Municipal WMCP; and
(B) For a Municipal WMCP, that the plan meets
the criteria under OAR 690-086-0130; or
(C) For an Alternate Municipal WMCP, that the
plan meets the criteria under OAR 690-086-0330.
(c) The Department shall issue a final order
approving the plan pursuant to OAR 690-0086-0915(4), (5), or (7) and notify any
person who submitted comments pursuant to OAR 690-086-0905 of the issuance of
the order.
(6) The
Department shall include in its written comments prepared under section (5) of
this rule:
(a) For any deficiency identified
in the review, a citation of the relevant statute or rule;
(b) To the extent necessary and possible,
identification of any constraints to implementation of the water management and
conservation plan and recommendations on appropriate actions to conserve water
or to secure any identified new sources of water;
(c) An evaluation of the extent to which a
request for additional time under OAR 690-086-0900(2) satisfies the relevant
requirements of the rules;
(d) A
period of time of not less than 60 days for the water supplier to respond to
the Department's review;
(e) A
period of time of not more than 120 days for the water supplier to submit a
final plan to the Department; and
(f) Copies of any written comments received
pursuant to OAR 690-086-0905.
(7) If the water supplier fails to submit a
final plan to the Department within 120 days after receipt of the Department's
preliminary review, the Department may:
(a)
Issue a final order denying approval of the plan; or
(b) Issue a final order approving the plan as
it is understood by the Department at the time of preliminary review as defined
under section (1) of this rule.
(8) If the Department does not meet the
90-day deadline for preliminary review in section (5) of this rule:
(a) For purposes of ORS
540.572 to
540.578,
a water management and conservation plan submitted by an Agricultural Water
Supplier is deemed approved for the period from the expiration of the 90-day
deadline until 120 days after the Department provides written comments under
section (5) of this rule; and
(b)
For Municipal Water Supplier s whose additional diversion of water under an
Extended Permit is only authorized upon issuance of a final order approving a
water management and conservation plan, notwithstanding OAR chapter 690,
division 315, the Director may by order authorize diversion of an additional
specified quantity of water as necessary to prevent harm to public welfare,
safety and health.
Statutory/Other Authority: ORS
536.027,
537.211 & 540.572
Statutes/Other Implemented: ORS
537.230,
537.630 & 539.010
