Or. Admin. R. 690-507-0040 - Wildhorse Creek Subbasin
(1)
Objectives: In developing a program for the management, use and control of the
surface and groundwater resources of the Wildhorse Creek subbasin , the
Commission has the following objectives:
(a)
Protect instream values by closing streams 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 artificial groundwater recharge to
offset declining groundwater levels and supplement existing groundwater uses;
(c) Protect municipal groundwater
supplies;
(d) Prevent new
appropriations from causing groundwater/surface water interference;
(e) Support efforts to reduce nonpoint source
sediment loads in subbasin streams.
(2) Surface Water: Appropriation and use of
surface water in the Wildhorse Creek subbasin shall comply with the following
provisions:
(a) Wildhorse Creek 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tributaries are withdrawn from further appropriation of unappropriated waters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
the surface waters of Wildhorse Creek and tributaries may be issued only for
domestic, livestock, irrigation of noncommercial lawn and garden not to exceed
1/2 acre, power development (subject to the limitations of OAR Chapter 690,
Division 51), 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.
(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.
(3) Groundwater;
Appropriation and use of groundwater in the Wildhorse Creek subbasin shall
comply with the following provisions:
(a)
Classification : Permits to use groundwater may be issued only for the following
classified uses:
(A) The groundwater
resources of the Wildhorse Creek subbasin 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
(B) Groundwater from the basalt
reservoir in a five-mile radius around any municipal well of the cities of
Adams, Athena, Helix, Pendleton, and Weston 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.
(b) 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.
Notes
Stat. Auth.: ORS 536 & 537
Stats. Implemented:
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