Or. Admin. Code § 690-010-0170 - Initial Notification of Proposed Corrective Control Orders

(1) At any time after the Commission adopts a rule designating a critical groundwater area, the Commission may initiate a contested case proceeding to propose limitation on existing groundwater rights or limitations on existing exempt users in the designated area. A contested case hearing shall be initiated by issuance of an Initial Notification of Proposed Corrective Control Orders followed by a Notice of Proposed Corrective Control Orders.

(2) An Initial Notification of Proposed Corrective Control Orders may be issued at any time after the Commission adopts a rule designating a critical groundwater area, and prior to issuing a Notice of Proposed Corrective Control Orders. The Initial Notification of Proposed Corrective Control Orders shall identify corrective control provisions as specified in ORS 537.742(2)(a) - (f) that the Department believes will resolve the problems that resulted in the designation of a critical groundwater area and will form the basis of a Notice of Proposed Corrective Control Orders as provided in OAR 690-010-0180.

(3) The proposed corrective control provisions that limit the use of groundwater in the critical groundwater area that may be included in the Initial Notification of Proposed Corrective Control Orders are as follows:

(a) A provision apportioning the permissible total withdrawal as established by rule under ORS 537.730, among the appropriators holding valid rights to groundwater in the critical area in accordance with the relative dates of priority of such rights;

(b) A provision according preference, without reference to relative priorities, to withdrawals of groundwater in the critical area for residential and livestock watering purposes first. Thereafter, the commission may authorize withdrawals of ground water in the critical area for other beneficial purposes, including agricultural, industrial, municipal other than residential, and recreational purposes, in such order as the commission considers advisable under the circumstances, so long as such withdrawal will not materially affect a properly designed and operating well with prior rights that penetrates the aquifer;

(c) A provision reducing the permissible withdrawal of groundwater by any one or more appropriators or wells in the critical area;

(d) Where two or more wells in the critical area are used by the same appropriator, a provision adjusting the total permissible withdrawal of groundwater by such appropriator, or a provision forbidding the use of one or more of such wells completely;

(e) A provision requiring the abatement, in whole or part, or the sealing of any well in the critical area responsible for the admission of polluting materials into the groundwater supply or responsible for the progressive impairment of the quality of the groundwater supply by dispersing polluting materials that have entered the groundwater supply previously;

(f) A provision requiring and specifying a system of rotation of use of groundwater in the critical area.

(4) In addition to proposed corrective control provisions as provided in subsection (3), the Department's Initial Notification of Proposed Corrective Control Orders must include:

(a) Identification of the critical groundwater area or sub-areas in which the corrective control provisions are proposed;

(b) A statement describing the factors that led to the designation of the critical groundwater area;

(c) A description of the proposed corrective control provisions that the Department believes will resolve the problems that resulted in the designation of the critical groundwater area;

(d) A description of the geographic area in which corrective control provisions will be proposed; and

(e) A description of how persons may request a Notice of Proposed Corrective Control Orders and the deadline for requesting such notice.

(5) The Department shall give notice of its Initial Notice of Proposed Corrective Control Orders by:

(a) Publication in a newspaper having general circulation in the area in which the corrective control provisions will be proposed, for a period of at least two weeks and not less than one publication each week;

(b) Publication in the weekly notice published by the Department for four consecutive weeks;

(c) First class mail to any affected local governments and to all federally recognized Indian tribes within Oregon;

(d) Regular mail to the owners of record of all groundwater registrations, inchoate transfers, permits and certificates for groundwater use within the affected area. For the purpose of providing notice by regular mail, the Department may rely upon the available county tax lot ownership information for parcels underlying or overlapping with water right places of use in the proposed critical groundwater area;

(e) Holding a public meeting in the area, or as near as practicable to the area, in which the corrective control provisions will be proposed and;

(f) Posting the Initial Notification of Proposed Corrective Control Orders on its website.

(6) Persons requesting a copy of the Department's Notice of Proposed Corrective Control Orders must request a copy of the notice by the deadline specified in the Initial Notification of Proposed Corrective Control Orders. The request shall be on a form provided by the Department on its website, and shall include information from the requestor that establishes whether:

(a) The requester holds a groundwater right within the area defined in the Initial Notification of Proposed Corrective Control Orders;

(b) The requester is an exempt user of groundwater; or

(c) The requester otherwise has an interest in the proceedings; and

(d) The mailing address and electronic mail address to which the Department may mail and e-mail its Notice of Proposed Corrective Control Orders and the requestor's preference for method of notification.

Notes

Or. Admin. Code § 690-010-0170

WRD 12-2023, adopt filed 10/10/2023, effective 10/10/2023

Statutory/Other Authority: ORS 536.027 & ORS 537.780

Statutes/Other Implemented: ORS 537.780, ORS 537.730-537.742, ORS 537.525, ORS 183 & ORS 536 - 537