OAR 690-010-0050
Initiation of Proceeding for Determination of a Critical Groundwater Area — Notification
(1)
A proceeding for the determination of a critical ground water area shall be initiated by a Notification from the Water Resources Director.(2)
The Notification shall include:(a)
A description of the proposed exterior boundaries of the area for which, the proceeding is initiated, referenced to the U.S. Public Lands Survey;(b)
Citation to the specific statutory provision or provisions under which the proceeding is brought;(c)
The preliminary findings indicating why the area described may be a critical ground water area;(d)
A general description of the nature of the ground water reservoir which is the subject of the determination;(e)
The effective date and duration of the Notification. In no case shall the Notification have a duration greater than 270 days;(f)
A statement concerning applications in the area and reservoir in question which were filed in the Water Resources Department prior to the effective date of the Notification, but which had not received permits prior to that date. Such statement shall explain the applicants’ options which include:(A)
Withdrawing the application with refund of any submitted recording fees; or(B)
Requesting deferral of action on the application until a determination of a critical ground water area; or(C)
Requesting a hearing on the application with the understanding that permit denial will result in rejection of the application. Failure to request a specific option will result in the department taking no action on the application until the Commission takes action on the area in question.(g)
A statement concerning applications in the area and reservoir in question which are submitted on or after the effective date of the Notification. The statement shall explain the applicants’ options which include:(A)
Withdrawing the application with refund of all related fees; or(B)
Requesting deferral of permit action until a determination of a critical ground water area; or(C)
Requesting a hearing on the application with the understanding that permit denial will result in rejection of the application. Failure to request a specific option will result in the department taking no action on the application until the Commission takes action on the area in question.(h)
Upon receipt of a request for hearing under subsection (2)(f) or (g) of this rule, the Director shall schedule and conduct the hearing.(3)
The Notification shall be distributed by:(a)
Publication at least once each week for two consecutive weeks in a newspaper having general circulation in the area in question;(b)
Mailing by regular or certified mail to each legal claimant or appropriator of ground water in the area in question;(c)
Mailing by regular or certified mail to each applicant for a permit to appropriate water from the ground water reservoir and area in question;(d)
Mailing by regular or certified mail to the governing body and planning department(s) of the affected local governments within which all or part of the area in question is located;(e)
Mailing by regular or certified mail to each licensed water well constructor licensed to construct wells in the State of Oregon;(f)
Mailing by regular or certified mail to the state legislative delegates representing the people of the area in question.(4)
The Notification initiating a proceeding for determination of a critical ground water area shall be recorded in the Special Order Record of the Water Resources Director.
Source:
Rule 690-010-0050 — Initiation of Proceeding for Determination of a Critical Groundwater Area — Notification, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-010-0050.