Geographic and Programmatic Scope
(1)The Burnt River Agricultural Water Quality Management Area includes all the drainage area of the Burnt River, from the headwaters to the confluence with the Snake River. The physical boundaries of the Management Area are indicated on the map included as Appendix 1 of these rules.
(a)All lands within the Burnt River Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle or on which management has been deferred, and forested lands with agricultural activities are subject to OAR 603-095-0010 (Definitions) to 603-095-0040 (Appeals) and 603-095-3200 (Purpose) to 603-095-3260 (Complaints and Investigations), except those lands excluded under paragraph (b) of this section.
(b)Lands excluded from OAR 603-095-3220 (Geographic and Programmatic Scope)(2)(a) are:
(A)Public lands managed by federal agencies;
(B)Tribal Trust Lands; and
(C)The property owned by Daryl and Barbara Hawes located at 20588 Hwy. 245 (T12S R37E: parts of sections 14, 23, 24 and 25. County tax lot number 2300).
(3)Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules.
(4)The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Burnt River Agricultural Water Quality Management Area.
(5)For lands in agricultural use within other Designated Management Agencies’ or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur.
Rule 603-095-3220 — Geographic and Programmatic Scope,