Or. Admin. Code § 603-095-3820 - Geographic and Programmatic Scope

(1) The Klamath Headwaters Agricultural Water Quality Management Area is comprised of the Upper Klamath Lake drainages, the west Klamath River drainages including the headwaters of Spencer Creek in Klamath County and Jenny, Cottonwood and Colstein Creeks in Jackson County, and excludes the entire Lost River Drainage and the Klamath Project lands on the west side of the Klamath River down to the Keno dam. The physical boundaries of the Management Area are indicated on the map included as Attachment 1 of these rules.

(2) Operational boundaries for the land base under the purview of these rules include all lands within the Klamath Headwaters Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies. These rules (OAR 603-095-3800 through 603-095-3860) will affect any lands in agricultural use on all non-Federal and non-Tribal lands in the Klamath Headwaters Agricultural Water Quality Management Area.

(a) Agricultural use does not include the use of land for garden plots used for the cultivation of vegetables, flowers, herbs, or fruits for non-commercial, personal use.

(b) The provisions of the Klamath Headwaters Agricultural Water Quality Management Area Plan and OARs 603-095-3800 through 603-095-3860 shall not apply to any forest activity subject to the Oregon Forest Practices Act, ORS 527.610.

(3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules.

(4) For lands in agricultural use within other Designated Management Agencies' or state agency jurisdictions, the department and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur.

Notes

Or. Admin. Code § 603-095-3820

DOA 10-2004, f. & cert. ef. 3-22-04

Stat. Auth: ORS 561.190 - 561.191, 568.912

Stats. Implemented: ORS 568.900 - 568.933