Or. Admin. Code § 690-507-0030 - Walla Walla River Subbasin
(1)
Objectives: In developing a program for the management, use and control of the
surface and groundwater resources of the Walla Walla subbasin, the Commission
has the following objectives:
(a) Develop
interstate cooperation with Washington in the management of surface and
groundwater and related resources;
(b) Protect instream values in selected
streams by closing them to future appropriations or limiting new appropriations
to selected nonirrigation uses;
(c)
Preserve the opportunity for future upstream storage for all beneficial
uses;
(d) Permit artificial
groundwater recharge to offset declining groundwater levels and supplement
existing groundwater uses;
(e)
Protect municipal groundwater supplies;
(f) Prevent new appropriations from causing
groundwater/ surface water interference.
(2) Surface Water: Appropriation and use of
surface water in the Walla Walla River subbasin shall comply with the following
provisions:
(a) The unappropriated waters of
the Walla Walla River and tributaries from and including the Little Walla Walla
Diversion to the state border are withdrawn from further appropriation. This
withdrawal does not apply to domestic, livestock, fish and wildlife uses or
water released from storage. Frost protection between March 1 and May 15, up to
a cumulative total of 35 cfs of permits and rights with priority dates after
December 2, 1985, is also exempt from this withdrawal. This withdrawal was
established by the Commission on January 17, 1986;
(b) The waters of Dugger Creek and
tributaries, being entirely appropriated, are withdrawn from further
appropriation. The purpose of the withdrawal is to avoid conflict between new
uses and existing rights and administrative problems in the distribution of
water resulting from new appropriations. The withdrawal was ordered by the
State Engineer on August 12, 1933;
(c) Classification: Permits to use surface
water may be issued only for the following classified uses:
(A) The surface waters of the Walla Walla
River subbasin generally, are classified for domestic, livestock, irrigation,
municipal, industrial, power development (subject to the limitations of OAR
Chapter 690, Division 51), mining, fish life, wildlife, recreation, pollution
abatement, artificial groundwater recharge, and public instream uses
only;
(B) The surface waters of the
Walla Walla River and tributaries upstream from the Little Walla Walla
diversion are classified for domestic, livestock, irrigation of noncommercial
lawn and garden not to exceed 1/.2 acre, municipal, mining, fish life,
wildlife, recreation, pollution abatement, artificial groundwater recharge and
public instream uses only;
(C)
Subject to the rights and priorities existing on June 24, 1988, and established
minimum perennial streamflows, 40,000 acre-feet of the annual yield of the
Walla Walla River upstream from the Little Walla Walla diversion is further
classified for all beneficial uses in conjunction with storage. All natural
flow rights issued on the Walla Walla River and its tributaries upstream from
the Little Walla Walla diversion after June 24, 1988, shall be subordinate to
this classification. Any storage project built under this classification shall
include provisions for municipal, fish and wildlife, and recreation uses
acceptable to the Commission;
(D)
The surface waters of Mill Creek and tributaries are classified for domestic,
livestock, irrigation of noncommercial lawn and garden not to exceed 1/2 acre,
fish life, wildlife, pollution abatement, artificial groundwater recharge and
public instream uses only.
(E) The
surface waters of Couse and Pine Creeks and tributaries are classified for
domestic, livestock, irrigation of noncommercial lawn and garden not to exceed
1/2 acre, fish life, wildlife, pollution abatement, artificial groundwater
recharge and public instream uses only.
(d) Storage: Surface waters legally stored
and legally released may be used for any beneficial purpose;
(e) Artificial groundwater recharge: Use of
surface water for groundwater recharge shall be subject to the following
conditions:
(A) Recharged water used under a
secondary permit for irrigation may only provide supplemental water to lands
with existing irrigation rights or permits on June 24, 1988;
(B) Diversion of surface water for recharge
for irrigation under a secondary permit shall not exceed 3.375 acre feet per
acre to be irrigated;
(C) If the
recharged water is to be used for municipal or industrial purposes under a
secondary permit, the applicant shall demonstrate to the satisfaction of the
Commission that it has an active water conservation program; and
(D) Water shall be recharged only between
December 1 and May 15.
(f) Minimum perennial streamflows: Minimum
streamflows may be established to support aquatic life, minimize pollution or
maintain recreation values:
(A) To support
aquatic life in accordance with Section 3, Chapter 796, Oregon Laws 1983, no
appropriation of water shall be made or granted by any state agency or public
corporation of the state for waters of the Walla Walla River and tributaries
when flows are below the levels specified in Table 1. This limitation shall not
apply to domestic and livestock use or to waters legally stored or released
from storage; and
(B) To support
aquatic life, no appropriations of water except for domestic and livestock uses
or waters legally stored or released from storage shall be made or granted by
any state agency or public corporation of the state when flows are below the
specified levels for the streams listed in Table 1 with priority dates of
3-31-88.
(3)
Groundwater: The groundwater resources of the Walla Walla River subbasin are
classified for statutorily exempt uses only as provided in and as consistent
with ORS 537.545.
(4) Basalt Well
Flow Meter Installation and Groundwater Use Reporting: The Commission
establishes a Serious Water Management Problem Area (SWMPA, ORS 540.435) as
shown in Exhibit 507-1.
(a) As used in
690-507-0030(4):
(A) "Basalt well" is a water
supply well that develops groundwater from the Columbia River Basalt Group
within the designated SWMPA.
(B)
"Totalizing flow meter" is an instrument used to measure and display both the
instantaneous flow rate of groundwater produced from the well and the total
volume of groundwater produced from the well.
(b) By no later than January 1, 2019, each
water right holder, well owner, or well operator, shall properly install and
thereafter properly maintain a totalizing flow meter on each basalt well within
the SWMPA boundary listed as a point of appropriation on a valid water right.
Totalizing flow meters must meet the specifications in subsections (e)-(h) and
shall be properly installed according to manufacturer's
specifications.
(c) Totalizing flow
meters and the method of flow meter installation are subject to approval by
Department Staff. Once installed, totalizing flow meters must be maintained in
good working order. Department staff shall have access to the totalizing flow
meters upon request.
(d) The water
right holder, well owner, or well operator shall keep a complete record of the
volume of water appropriated each month, and shall submit a report which
includes water use measurements to the Department on an annual basis by January
31 of each calendar year. The Director may request submission of reports more
frequently as necessary to monitor and administer the SWMPA. Reports of water
use measurements shall be submitted to the Department during the month of
January for the preceding year, or more frequently as required by the Director.
Reports shall be submitted on a form developed by the Department.
(e) A totalizing flow meter shall meet the
following specifications:
(A) A totalizing
flow meter shall have a rated accuracy of plus or minus 2 percent of actual
flow for all flow rates for which the meter is expected to measure.
(B) A totalizing flow meter shall register
the full range of discharge from the well.
(C) A totalizing flow meter shall have a
visual and recording, mechanical or digital totalizer located on or adjacent to
the flow meter, and shall be equipped with a sweep hand or digital readout so
that instantaneous flow rate can be read.
(f) The totalizing part of the flow meter
shall have sufficient capacity to record the quantity of water authorized to be
pumped over a period of 2 years. Units of water measurement shall be in
acre-feet, cubic feet, or gallons and the totalizer shall read directly in one
of these units. Flow meters recording in acre-feet shall, at a minimum, read to
the nearest 1/10th acre foot, and the decimal multiplier shall be clearly
indicated on the face of the register head.
(g) Totalizers on each meter shall not be
field reset without notice to and written permission from the
Watermaster.
(h) The totalizing
flow meter shall be installed in accordance with all manufacturer
specifications. There shall be no turnouts or diversions between the well and
the flow meter. The flow meter shall be installed not less than five pipe
diameters downstream from any valve, elbow, or other obstruction which might
create turbulent flow, or other provisions shall be made that meet the
manufacturer's specifications to control or eliminate turbulent flow.
(i) Failure to have and maintain a properly
installed, functioning totalizing flow meter by January 1, 2019 will result in
the Watermaster regulating and controlling an unmetered well such that no
groundwater may be pumped or appropriated until a flow meter is obtained and
installed consistent with these rules.
(j) Consistent with ORS 536.900, Chapter 183,
and OAR Chapter 690 division 260, the Department may assess civil penalties for
violation of these rules.
Notes
Table referenced are available from the agency.
Statutory/Other Authority: ORS 536 & 537
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