Or. Admin. R. 690-504-0100 - Application Process to Store Reserved Water
(1) Reservations of water for economic
development are established pursuant to ORS
537.249 and
537.356 to ensure sufficient
surface water will be available in the future to meet expected needs. Economic
development includes, but is not limited to, the production of goods and
services and management of natural resources which contribute economic benefits
through both instream and out-of-stream uses of water.
(2) "Multipurpose reservoir," as used in OAR
690-504-0100 through 0160, means a reservoir storing water to serve multiple
potential beneficial uses such as, but not limited to irrigation, commercial,
agriculture, power development, municipal, recreation, and flow augmentation
for instream purposes.
(3)
Reservations of water for future economic development in OAR 690-504-0110
through 0160 reserve surface water for future storage in multipurpose
reservoirs. The storage of up to 2,000 acre-feet of water for livestock or
domestic purposes authorized under water rights with priority dates after
November 6, 1992, shall be exempt from regulation for storage of water reserved
under OAR 690-504-0110 through 0160.
(4) Permits to store reserved water shall
receive the priority date of the reservation. The priority date for
reservations under OAR 690-504-0110 through 0160 shall be November 6, 1992.
(5) In addition to the
requirements of ORS Chapter 537, OAR Chapter 690, Division 310, and any other
applicable rules, an application for a permit to store reserved water shall
include:
(a) An assessment of the effect of
the proposed reservoir on fish and wildlife developed after consultation with
the Oregon Department of Fish and Wildlife;
(b) An assessment of the effect of the
proposed reservoir on water quality developed after consultation with the
Oregon Department of Environmental Quality;
(c) Documentation of consultation with any
affected Indian Tribe(s), including the Confederated Tribes of Warm Springs
Reservation.
(d) An analysis of
water supply alternatives to the proposed reservoir, such as off-stream
storage, water right transfers and implementation of conservation measures; and
(e) An analysis summarizing and
describing how the proposed project will enhance instream values, including but
not limited to instream flows.
(6) For the purposes of review of water right
permit applications to store reserved water under OAR Chapter 690, Division
310, the reserved quantities of water listed in OAR 690-504-0110 through 0160
are available for appropriation. However, the determination that water is
available under OAR 690-504-0110 through 0160 shall not substitute for
consideration during the public interest review of site-specific information as
required under OAR chapter 690, division 310 and any other applicable statutes
or rules. Because the finding that water is available in OAR 690-504-0110
through 0160 is a water availability determination for a sub-basin, analysis of
water availability at the specific location shall be conducted at the time of
permit application review.
(7) In
addition to any other findings required for issuance of a reservoir permit
under OAR 690, Division 310 and applicable rules, and prior to issuance of a
permit for a proposed project storing water reserved under 690-504-0110 through
0160, the Department shall also find:
(a) The
proposed reservoir is consistent with the purpose of the reservation following
consultation with the Department of Agriculture and other state agencies;
(b) The proposed reservoir will
enhance instream values; including but not limited to instream flows; and
(c) Whether minimum bypass flow
are required.
(8) The
Department shall determine, and impose as a condition, an appropriate storage
season, and shall include other conditions to ensure no injury to senior water
rights and to protect instream values.
(9) Progress Reports: Until the Department
has issued permits for multipurpose reservoirs for the full quantity of
reserved water under OAR 690-504-0110 through 0160, the Department shall
biennially report to the Water Resources Commission on the amount of water
available under the reservation, and the quantity allocated under the
reservation. The Department or Commission may require periodic reports from the
Oregon Department of Agriculture on continued interest in the reservation,
efforts undertaken to develop the reservation, and any challenges to developing
the reservation.
(10) Effective
date of rules:
(a) OAR 690-504-0110 through
0160 shall be effective until October 17, 2036, unless the effective date has
been extended by further rulemaking of the Water Resources Commission.
(b) The expiration of these
reservation rules shall not affect pending applications that have been received
and deemed complete and not defective by the Water Resources Department
pursuant to ORS 537.150(2),
prior to the expiration date of the rules.
Notes
Stat. Auth.: ORS 536 & 537
Stats. Implemented: ORS 536.310, 537.249, 537.356 & 537.358
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