Or. Admin. Code § 690-010-0240 - Procedure for Making Changes to Existing Critical Groundwater Area

(1) Where a critical groundwater area is established and described in rule only, and the Commission seeks to expand, alter or reduce the boundaries of the existing critical groundwater area, the Commission must follow the processes for establishing a new critical groundwater area as provided in ORS 537.730 - 735 and OAR 690-010.

(2) Where a critical groundwater area is established by an order or proclamation that is referenced in a basin program rule, the Commission may amend the basin program rule referencing the critical groundwater area order or proclamation so as to confirm the order's or proclamation's provisions governing designation of the critical groundwater area or the establishment of corrective control provisions and may alter or modify a designated critical groundwater area only as consistent with subsection (1). Any rulemaking as provided in this subsection does not amend an order or proclamation as it directs the disposition of individual rights adjudicated in the order or proclamation.

(3) Insofar as critical groundwater area rules, orders or proclamations are amended to establish new or amended critical groundwater area designations or new or amended corrective control measures, such corrective control measures may apply:

(a) To those groundwater rights previously adjudicated in a critical groundwater area order or proclamation only upon completion of a contested case initiated pursuant to ORS 537.742 and ORS 183;

(b) To pending groundwater applications and present groundwater rights, only upon completion of a contested case initiated pursuant to ORS 537.742 and ORS 183.

Notes

Or. Admin. Code § 690-010-0240

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