Or. Admin. Code § 690-250-0050 - Controlling Waste and Unlawful Use of Water

(1) Unlawful use of water subject to corrective action by watermasters includes, but is not limited to, the following:

(a) Irrigating land without a right;

(b) Using water for a purpose not authorized in the right;

(c) Irrigating land or using water for a purpose with a priority different than the priority under which the water is diverted from the source; or

(d) Wasting water.

(2) If, after oral or written notice to the appropriator to stop unlawful use, the unlawful water use is continued, the watermaster or assistant watermaster may take control of the diversion works or controlling works of a well and reduce the amount of water diverted by the amount being wasted or unlawfully used. If such waste or unlawful use continues, the watermaster may further reduce the amount of water diverted by the amount wasted or unlawfully used, and so on until the unlawful use is eliminated. When taking control of the diversion works or controlling works of a well, the watermaster shall post a notice of control. Any person that interferes with the watermaster's regulation may be prosecuted under ORS 540.710.

(3) If wasteful use of groundwater is determined to occur, within an individual well, due to the nature of the construction of that well, the watermaster may post a notice of control and achieve compliance pursuant to OAR, Division 225 (690-225-0030).

Notes

Or. Admin. Code § 690-250-0050

WRD 24-1988, f. & cert. ef. 12-14-88

Stat. Auth.: ORS 540

Stats. Implemented: ORS 540