Or. Admin. Code § 690-012-0030 - General Provisions

The following general provisions shall apply to out-of-basin-diversion applications:

(1) These rules shall apply to all out-of-basin-diversion applications subject to ORS 537.803 proposing to divert 0.5 cubic feet per second or more of either surface water, groundwater or both.

(2) Out-of-basin-diversion applications for new uses processed under these rules shall also comply with all other applicable provisions of OAR Chapter 690, Division 11.

(3) Out-of-basin-diversion applications to change the place of use processed under these rules shall also comply with all other applicable provisions of OAR Chapter 690, Division 15.

(4) No out-of-basin-diversion application subject to ORS 537.803 shall be accepted by the Department until it addresses each of the information requirements described in OAR 690-012-0040.

(5) No out-of-basin-diversion application subject to ORS 537.803 shall be approved unless the Commission has reserved water to meet future needs, including economic development and public uses in the basin of origin.

(6) All out-of-basin-diversion applications subject to ORS 537.803 proposing to divert 50 cfs or more shall require the consent of the Legislative Assembly.

(7) All out-of-basin-diversion applications subject to ORS 537.803 shall be the subject of one or more public hearings, at least one of which shall be held in the basin of origin.

(8) These rules shall not apply to applications to exchange water involving transfer of water out of the basin of origin.

(9) These rules shall not apply to applications by cities to facilitate regional municipal water service if the city has historically transported water between the basin of origin and the proposed receiving basin.

Notes

Or. Admin. Code § 690-012-0030

WRD 2-1991, f. & cert. ef. 2-8-91

Stat. Auth.: ORS 537

Stats. Implemented: ORS 537