Oregon Administrative Rules Chapter 690 - WATER RESOURCES DEPARTMENT
Oregon Administrative Rules (OAR) Chapter 690 is the extensive body of regulations that govern the Oregon Water Resources Department (OWRD). This chapter is critical because the OWRD is the chief regulatory agency responsible for managing all surface and groundwater in Oregon, which by state law belongs to the public.
The OWRD's mission, and thus the purpose of these rules, is to "serve the public by practicing and promoting responsible water management." This involves:
Protecting existing water rights: Oregon operates under the "prior appropriation" doctrine, meaning "first in time, first in right." The OWRD ensures that senior water rights are protected.
Facilitating voluntary streamflow restoration: Working to improve in-stream flows for environmental benefits.
Public education: Informing the public about the state's water resources and regulations.
Data collection and dissemination: Gathering and sharing crucial water resource data.
Facilitating water supply solutions: Addressing present and future water needs across the state.
OAR Chapter 690 is organized into numerous divisions, each addressing a specific aspect of water resource management. Here's a glimpse of the wide range of topics covered:
General Administration and Procedures:
Division 1 - Rulemaking; Attorney General's Model Rules: Outlines the process for adopting new rules.
Division 2 - Procedural Rules for Contested Cases: Governs hearings for water right disputes.
Division 3 - Public Records Access and Reproduction: Rules for accessing department records.
Division 5 - Compliance with Statewide Planning Goals, Compatibility with Comprehensive Plans, and Coordination on Land Use Matters: Ensures water management aligns with broader land-use planning.
Water Rights and Allocation:
Division 8 - Statutory Groundwater Terms: Defines key terms related to groundwater.
Division 9 - Groundwater Interference with Surface Water: Addresses how groundwater pumping can impact surface water.
Division 10 - Appropriation and Use of Ground Water: Rules for acquiring and using groundwater rights, including critical groundwater areas.
Division 12 - Out-of-Basin Diversion: Regulations for moving water between basins.
Division 15 - Water Right Transfers: Procedures for changing or transferring existing water rights.
Division 17 - Cancellation of Perfected Water Rights: Rules for forfeiture of unused water rights.
Division 18 - Allocation of Conserved Water: Policies for reallocating water saved through conservation efforts.
Division 28 - Surface Water Registrations and the Adjudication Process: Rules for documenting and validating surface water rights.
Division 310 - Water Right Application Processing: Details the steps for applying for new water rights.
Division 330 - Water Right Certificates: Information on obtaining final water right certificates.
Groundwater and Well Construction:
Division 190 - Exempt Groundwater Use Recording Requirements: Specifies reporting for certain small groundwater uses.
Division 200 - Water Supply Well Construction Standards: Sets minimum standards for building, altering, and abandoning water wells. This includes licensing well constructors.
Division 240 - Construction, Maintenance, Alteration, Conversion and Abandonment of Monitoring Wells, Geotechnical Holes and Other Holes in Oregon: Regulations for non-water supply wells.
Water Management and Conservation:
Division 19 - Drought Mitigation: Rules for responding to drought conditions.
Division 86 - Water Management and Conservation Plans: Requirements for water users to develop and implement plans.
Division 350 - Aquifer Storage and Recovery (ASR) and Artificial Groundwater Recharge: Regulations for intentionally adding water to aquifers.
Specific Water Uses and Programs:
Division 20 - Dam Safety: Rules for the design, construction, and inspection of dams.
Division 51 - Appropriation and Use of Water for Hydroelectric Power: Regulations for hydroelectric projects.
Division 76 - Establishment of Minimum Perennial Streamflows: Rules for setting flow levels to protect aquatic resources.
Division 77 - Instream Water Rights: Regulations for water rights dedicated to keeping water in streams for public benefits like fish and wildlife.
Division 90 - Water Development Loan Fund: Rules for financial assistance programs for water projects.
Basin Programs (Divisions 500-520): These are particularly significant as they establish specific water management policies and classifications for individual river basins across Oregon (e.g., Willamette, Deschutes, Rogue, Columbia River Basins), taking into account the unique hydrologic and social characteristics of each area.
In summary, OAR Chapter 690 provides the detailed regulatory framework for the OWRD to fulfill its mandate of managing Oregon's water resources sustainably, balancing competing demands, and protecting public interests.
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