(1)Landowners must comply with OAR 603-095-3040 (Requirements)(2) through (3) within the following limitations: A landowner is responsible for only those conditions resulting from activities controllable by the landowner. A landowner is not responsible for conditions resulting from activities on other lands.
(a)Effective January 1, 2005, agricultural activities must allow the establishment and development of appropriate vegetation along natural and channelized streams, consistent with site capability. Noxious weeds are not appropriate vegetation. Vegetation must be adequate to prevent unnatural streambank erosion, moderate water temperature, and filter sediment and nutrients from surface runoff.
(b)Part (a) does not apply to irrigation water conveyance systems, including but not limited to irrigation canals, ditches, and laterals.
(3)ODA Authority to Control Water Pollution: Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 (Prohibited activities) or 468B.050 (Water quality permit).
Rule 603-095-3040 — Requirements,