Or. Admin. R. 690-510-0100 - 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
690-510-0100 and 0110, means a reservoir storing water to serve multiple
potential beneficial uses such as, but not limited to irrigation, commercial,
agriculture, power generation, municipal , recreation, and flow augmentation
for instream purposes.
(3)
Reservations of water for future economic development in OAR 690-511-0110
reserve surface water for future storage in multipurpose reservoirs.
(4) Permits to store reserved water shall
receive the priority date of the reservation. The priority date for
reservations under OAR 690-510-0110 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 water reserved under 690-511-0110 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) An analysis of water supply alternatives
to the proposed reservoir, such as off-stream storage, water right transfers
and implementation of conservation measures; and
(d) 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 690-510-0110 are available
for appropriation. However, the determination that water is available under OAR
690-510-0110 shall not substitute for consideration during the public interest
review of site-specific information as required under OAR chapter 690, division
310 and applicable statutes or rules. Because the finding that water is
available in OAR-510-0110 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 ORS Chapter 537, OAR 690,
Division 310, and applicable rules and prior to issuance of a permit for a
proposed project storing water reserved under 690-510-0110, 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 flows 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 reservoirs for the full quantity of reserved water under
OAR 690-510-0110, 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 Department of Agriculture on the 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 690-510-0110 shall be effective until
January 7, 2037, unless 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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