Or. Admin. Code § 690-505-0500 - Ground Water Appropriations within the Deschutes Ground Water Study Area

(1) Except for a cumulative total of 200 cubic feet per second (cfs) maximum rate for final orders approving ground water permit applications issued after the effective date of these rules, ground water in the Deschutes Ground Water Study Area is closed to further appropriation.

(2) Prior to January 1, 2008, or upon reaching 150 cfs of the 200 cfs in section (1), whichever comes first, and on subsequent five year intervals, the Commission shall evaluate the Deschutes Basin Ground Water Mitigation Rules and associated mitigation to determine whether the restriction in section (1) shall be lifted or otherwise modified through subsequent public rulemaking. The Commission shall specifically evaluate the effectiveness of mitigation projects and mitigation credits that involve time-limited instream transfers, instream leases and allocations of conserved water from canal lining and piping projects. The Commission shall also evaluate the general zones of impact identified by the Department.

(3) The Department shall, in cooperation with the Oregon Department of Fish and Wildlife, Oregon State Parks and Recreation Department, Oregon Department of Environmental Quality and Division of State Lands, annually evaluate and report on the implementation of these rules. The annual evaluation and report shall include information on new ground water appropriations, streamflow monitoring, and mitigation activity in order to determine whether scenic waterway flows and instream water right flows in the Deschutes Basin continue to be met on at least an equivalent or more frequent basis as compared to long-term, representative base period flows established by the Department.

(4) The restriction in section (1) shall not be lifted unless the Commission determines that scenic waterway flows and instream water right flows in the Deschutes Basin continue to be met on at least an equivalent or more frequent basis as compared to long-term, representative base period flows established by the Department.

(5) If the Commission's evaluation under section (2) indicates that, due to new ground water appropriations, scenic waterway flows and instream water right flows in the Deschutes Basin are met less frequently as compared to long-term, representative base period flows, the Commission shall initiate proceedings to designate all or portions of the Deschutes Ground Water Study Area a critical ground water area(s) under ORS 537.730, immediately close certain areas of the Deschutes Basin to further ground water appropriations, or take other administrative action(s) to ensure scenic waterway flows and instream water right flows in the Deschutes Basin continue to be met on at least an equivalent or more frequent basis as compared to long-term, representative base period flows.

Notes

Or. Admin. Code § 690-505-0500

WRD 3-2002, f. & cert. ef. 9-27-02

Stat. Auth.: ORS 536.027 & ORS 390.835

Stats. Implemented: ORS 390.835, Ch. 659 2001 OL HB 2184