Or. Admin. Code § 690-385-3150 - Temporary Change from Surface Water Point of Diversion to Ground Water Appropriation
(1) A
district may, in accordance with the standards established by ORS
540.531(2),
apply to transfer a point of diversion to allow the appropriation of
groundwater. An application for such a transfer is subject to the requirements
under section (2) of this rule.
(2)
The Department may allow the transfer of the point of diversion under section
(1) of this rule if the district temporary transfer application demonstrates:
(a) The new point of diversion appropriates
groundwater from an unconfined aquifer that is hydraulically connected to the
authorized surface source;
(b) The
use of water at the proposed point of diversion will affect the surface water
source similarly to the authorized point of diversion specified in the water
use subject to transfer; and
(c)
The withdrawal of groundwater at the new point of diversion is located within
500 feet of the surface water source and, when the surface water source is a
stream, is also located within 1000 feet upstream or downstream of the original
point of diversion as specified in the water use subject to transfer;
or
(d) If the distance requirements
in subsection (2)(d) of this rule are not met, the holder of a water use
subject to transfer shall submit to the Department evidence prepared by a
licensed geologist that demonstrates that the use of the groundwater at the new
point of diversion will meet the criteria set forth is subsections (2)(a) to
(c) of this rule.
(3) A
transfer application requesting to change the point of diversion from a surface
water diversion to a groundwater appropriation for which evidence prepared by a
licensed geologist is required under subsection (2)(e) of this rule shall be
evaluated by the Department in the following manner:
(a) The change in point of diversion request
shall be examined to determine the potential for injury as if the change is to
be from the authorized point of diversion to a point on the stream nearest the
proposed well;
(b) If potential
injury is not found, the evidence prepared by a licensed geologist and
submitted by the applicant shall be evaluated to determine whether the
application meets the other requirements of subsection (2)(a) to (c) of this
rule. The geologist's report shall examine the effect on the surface water
source in the vicinity of the point on the stream nearest the proposed new
point of diversion.
(4)
The new point of diversion shall retain the original date of priority and all
other applicable conditions and restrictions that existed at the original point
of diversion shall apply at the new point of diversion authorized under the
transfer.
(5) If after approving an
application under this rule, the Department finds that the transfer results in
substantial or undue interference with an existing ground water right that
would not have occurred in the absence of the transfer, the new point of
diversion shall be subordinate to the existing right injured by the transfer.
This section applies only to wells with rights existing at the time the
transfer was approved.
(6) The
original point of diversion of surface water shall not be retained as an
additional or supplemental point of diversion.
(7) For any transfer allowed under sections
(1) to (5) of this rule, the Department shall require mitigation measures to
prevent depletion from any surface water source not specified in the permit or
certificated or decreed water right pursuant to ORS
540.531(6).
(8) As used in this rule:
(a) "Existing ground water right" means a
right that existed at the time a transfer was approved under sections (1) to
(5) of this rule and does not include a right established after the transfer
whether by permit or a change in point of appropriation regardless of priority
date.
(b) "Similarly" means that
the use of groundwater at the new point of diversion affects only the surface
water source specified in the permit or certificated or decreed water right and
would result in stream depletion of at least 50 percent of the rate of
appropriation within 10 days of continuous pumping.
(c) "Unconfined aquifer" means an aquifer in
which the pressure at the upper surface of saturation is equal to atmospheric
pressure.
Notes
Stat. Auth.: ORS 536.025 & ORS 536.027
Stats. Implemented: ORS 540.570
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