Or. Admin. R. 690-340-0020 - Ponds in Existence Prior to January 1, 1993 (HB 2153, 1993)
(1) A landowner
with an unpermitted reservoir constructed before January 1, 1993 may apply for
a water right permit and continue the use of water while a decision is pending
on the application. The water right application, if approved in accordance with
OAR 690-011-0155 through 690-011-0185 (dated 4-13-94), will receive a priority
date of January 1, 1993. In order to qualify for these benefits, an application
must be filed on or before January 1, 1995. In addition to the information and
fees required under OAR 690-011-0020 and 690-011-0040 (dated 4-13-94), an
application shall also be accompanied by evidence that the reservoir existed
before January 1, 1993. Such evidence may include:
(a) A dated aerial photograph which shows the
immediate area above, below and surrounding the reservoir;
(b) An affidavit signed by the landowner or
other knowledgeable person;
(c) A
dated map prepared by a local, state or federal agency showing the location of
the reservoir; or
(d) Construction
receipts or other forms of documentation.
(2) Notwithstanding the requirements for a
survey set forth in ORS
537.230, no survey of the
appropriation is required for a reservoir storing less than 9.2 acre feet or
with a dam less than ten feet in height. Maps submitted with the application
shall be of sufficient quality and scale to establish the location of the
reservoir to the nearest quarter-quarter section, township and range.
(3) Up to ten reservoirs may be included in a
single application if the reservoirs existed prior to January 1, 1993; have
dams that are less than ten feet in height or that store less than 9.2
acre-feet of water; are in the same drainage basin ; and within the same
ownership on contiguous property. For a rural fire protection district formed
under ORS 478.010 or a forest protection
district formed under ORS
477.225, up to ten reservoirs
may be included in a single application if all the reservoirs are within the
boundaries of the district; are within the same drainage basin ; and are an
element of the district's fire protection system.
(4) A water right certificate under ORS
537.250 may be issued in lieu of
a permit if:
(a) The reservoir existed before
January 1, 1993;
(b) The records of
the Department provide satisfactory documentation to describe the location and
volume of storage;
(c)
Modifications or alterations to the impoundment structure are not required;
and
(d) The Commission determines
under section (1) of this rule that the reservoir would qualify for issuance of
a permit.
Notes
Stat. Auth.: ORS 536.027, ORS 595 & ORS 654
Stats. Implemented: ORS 595, Oregon Laws 1993, & ORS 537.405 - ORS 537.409
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