(1)All landowners or operators conducting activities on lands in agricultural use will comply with the following criteria. A landowner is responsible for only those conditions resulting from activities caused by the landowner. A landowner is not responsible for conditions resulting from actions by another landowner on other lands. A landowner is not responsible for conditions resulting from unusual weather events or other exceptional circumstances that could not have been reasonably anticipated. A landowner is not responsible for natural increases in nutrient or temperature loading.
(2)Excessive Sheet and Rill Erosion: Effective January 1, 2007. Combined sheet, rill and wind erosion of soil averaged through a crop rotation period shall not be greater than the soil-loss tolerance value (T).
(3)Nonfunctional Riparian Conditions: Effective January 1, 2007.
(a)Agricultural activities must not create riparian conditions that are downward-trending according to Technical Reference 1737-15, 1998, United States Department of Interior, Bureau of Land Management (Proper Functioning Condition) guidelines or that degrade stream shading consistent with site capability.
(b)Agricultural activities must not prevent riparian areas rated as non-functional by Proper Functioning Condition Guidelines from improving consistent with site capability.
(c)Exemptions from OAR 603-095-3840 (Unacceptable Conditions)(3)(a) and (b).
(A)Limited duration agricultural activities such as pump installation or livestock crossings provided they do not compromise achieving the conditions described in 603-095-3840 (Unacceptable Conditions)(3)(a) and (b).
(B)Constructed irrigation delivery systems, dikes, borrow pits, drainage ditches, and ponds not hydraulically connected to waters of the State.
(d)This rule is not intended to prohibit riparian grazing where it can be managed to meet water quality standards.
(4)Effective upon adoption, no person subject to these rules shall violate any provision of ORS 468B.025 (Prohibited activities) or 468B.050 (Water quality permit).
Rule 603-095-3840 — Unacceptable Conditions,