Or. Admin. R. 690-507-0810 - Distribution of Sustainable Annual Yield
(1) The method for distributing the
sustainable annual yield from the basalt groundwater reservoir within each
managed subarea in the Stage Gulch Critical Groundwater Area is as follows:
(a) Except as provided in section (5) of this
rule, a water user who intends to pump water for any authorized use except
municipal use during any year shall make a request to the Department in Salem
by July 1st of the preceding year on forms provided by the
Department ;
(b) The Department
shall assume that municipal water users intend to pump a quantity of water
equivalent to the average pumped for the previous three (3) years, unless the
municipal water user informs the Department otherwise by July 1st;
(c) Except as provided in section (5) of this
rule, the distribution of groundwater for any authorized use except municipal
use shall be based on the priority dates of the water rights within the
individual subarea;
(d) In
determining the amount of groundwater each water user is allocated to pump
during the next calendar year or irrigation season, the Department may
consider:
(A) Requests for allocations
received;
(B) The sustainable
annual yield ;
(C) The limits of the
groundwater rights;
(D) The
relative dates of priority, with preference given without regard to priority
date for municipal use;
(E)
Historical usage;
(F) Whether or
not a water user is physically capable of pumping and putting to a beneficial
use the quantity requested; and
(G)
Any other factors deemed appropriate by the Department .
(e) The Department shall notify by certified
mail with return receipt requested, each water user by August 1st of the amount
of groundwater allocated under these rules to each water user for the next
calendar year or irrigation season;
(f) Persons who wish to challenge the
allocation determined under this rule shall request a hearing before the
Department pursuant to ORS
183.415 to
183.470.
(2) If pumpage for a particular year exceeds
the sustainable annual yield for a subarea, the total subarea allocation for
the second year after that occurrence shall be reduced by that
volume.
(3) If any water user
requests more water than has been historically used, the Department may
allocate less water than requested if, upon investigation, it appears unlikely
the user will pump the volume requested.
(4) If any water user requests less water
than has been historically used, the Department may allocate more water than
requested if, upon investigation, it appears likely that the user will pump
more than the volume requested.
(5)
The method of requesting and distributing water in section (1) of this rule may
not apply if a voluntary agreement among groundwater users in any subarea is
reached. The Director may approve the agreement if it is consistent with ORS
537.730 to
537.740 and the requirements of
these rules (Division 507). The Department shall be a party to any agreement
reached.
(6) Any agreement approved
by the Director may be terminated by the lapse of time as provided in the
agreement, by consent to the parties to the agreement or by the Director if the
Director finds, after investigation and a public hearing upon adequate notice,
that:
(a) The agreement is not being
substantially complied with by the parties thereto;
(b) Changed conditions have made the
continuance of the agreement a detriment to the public welfare, safety and
health or contrary in any particular to the intent, purposes and requirements
of ORS 537.505 to
537.795 or OAR Division 690,
Chapter 507; or
(c) That the
agreement is ineffective in achieving reasonably stable water levels.
(7) A gradual reduction of pumpage
in excess of the sustainable annual yield shall be implemented beginning in
1992:
(a) Those users who would not be
allocated any water in 1992 shall be allowed to pump seventy-five percent of
their average pumpage for the period 1986 to 1990;
(b) Those users who would not be allocated
any water in 1993 shall be allowed to pump fifty percent of their average
pumpage for the period 1986 to 1990;
(c) Those users who would not be allocated
any water in 1994 shall be allowed to pump twenty-five percent of their average
pumpage for the period 1986 to 1990.
(8) Those users who would be allocated only a
portion of their request because it exceeds the sustainable annual yield shall
be allowed to pump that volume of water requested that is within the
sustainable annual yield . The volume of water allocated under the sustainable
annual yield shall be subtracted from the user's average pumpage for the period
1986 to 1990. A percentage of the difference shall be allocated as described in
section (7) of this rule in addition to the volume allocated below the
sustainable annual yield .
Notes
Stat. Auth.: ORS 536.900 - ORS 536.935 & ORS 537.505 - ORS 537.745
Stats. Implemented:
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