OAR 690-012-0030
General Provisions
(1)
These rules shall apply to all out-of-basin-diversion applications subject to ORS 537.803 (Application proposing use of water outside of basin of origin) proposing to divert 0.5 cubic feet per second or more of either surface water, groundwater or both.(2)
Out-of-basin-diversion applications for new uses processed under these rules shall also comply with all other applicable provisions of OAR 690, division 11.(3)
Out-of-basin-diversion applications to change the place of use processed under these rules shall also comply with all other applicable provisions of OAR 690, division 15.(4)
No out-of-basin-diversion application subject to ORS 537.803 (Application proposing use of water outside of basin of origin) shall be accepted by the Department until it addresses each of the information requirements described in OAR 690-012-0040 (Standards and Information Requirements).(5)
No out-of-basin-diversion application subject to ORS 537.803 (Application proposing use of water outside of basin of origin) shall be approved unless the Commission has reserved water to meet future needs, including economic development and public uses in the basin of origin.(6)
All out-of-basin-diversion applications subject to ORS 537.803 (Application proposing use of water outside of basin of origin) proposing to divert 50 cfs or more shall require the consent of the Legislative Assembly.(7)
All out-of-basin-diversion applications subject to ORS 537.803 (Application proposing use of water outside of basin of origin) shall be the subject of one or more public hearings, at least one of which shall be held in the basin of origin.(8)
These rules shall not apply to applications to exchange water involving transfer of water out of the basin of origin.(9)
These rules shall not apply to applications by cities to facilitate regional municipal water service if the city has historically transported water between the basin of origin and the proposed receiving basin.
Source:
Rule 690-012-0030 — General Provisions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-012-0030.