OAR 690-086-0915
Final Review of Plans

(1) Upon receipt of a proposed final plan, the Department shall evaluate the plan to determine if it includes the required elements of OAR 690-086-0125 (Municipal WMCP Elements) to 690-086-0170 (Municipal Water Supply Element of a Municipal WMCP) for a Municipal WMCP, OAR 690-086-0225 (Agricultural Water Supplier Plan Elements) to 690-086-0270 (Agricultural Water Supply Element) for a water management and conservation plan submitted by an Agricultural Water Supplier-, or OAR 690-086-0325 (Alternate Municipal WMCP: Water Supplier Plan Elements for Small Municipal Water Suppliers) to 690-086-0370 (Alternate Municipal WMCP: Water Supply Element for Small Municipal Water Suppliers) for an Alternate Municipal WMCP. The evaluation shall be limited to a review of modifications in the plan and issues that were identified in the Department’s written comments provided under OAR 690-086-0910 (Preliminary Review of Draft Plans) and, if any deficiencies are identified, the Department’s review shall cite the relevant statute or rule.

(2) If the Department determines that the final plan does not include the required elements of OAR 690-086-0120 (Municipal Water Management and Conservation Plans: General Provisions) to 690-086-0170 (Municipal Water Supply Element of a Municipal WMCP) for a Municipal WMCP, OAR 690-086-0220 (Agricultural Water Supplier Water Management and Conservation Plans: General Provisions) to 690-086-0270 (Agricultural Water Supply Element) for a water management and conservation plan submitted by an Agricultural Water Supplier, or OAR 690-086-0325 (Alternate Municipal WMCP: Water Supplier Plan Elements for Small Municipal Water Suppliers) to 690-086-0370 (Alternate Municipal WMCP: Water Supply Element for Small Municipal Water Suppliers) for an Alternate Municipal WMCP, the Department shall consult with the water supplier and may provide additional time to correct any discrepancies.

(3) For a Municipal WMCP submitted by a Municipal Water Supplier, the Department shall review the plan to determine if the information and analyses in the plan are sufficient for the Department to make the determination required under OAR 690-086-0130 (Criteria for Approval of a Municipal WMCP).

(4) For a Municipal WMCP submitted by a Municipal Water Supplier, if the Department determines that the proposed final plan includes the required elements under OAR 690-086-0120 (Municipal Water Management and Conservation Plans: General Provisions) to 690-086-0170 (Municipal Water Supply Element of a Municipal WMCP) and meets the applicable criteria under OAR 690-086-0130 (Criteria for Approval of a Municipal WMCP), the Department shall issue a final order approving the plan and notify the water supplier and any person who submitted comments pursuant to 690-086-0905 (Notice of Submittal of a Draft Plan or Updated Plan) of the approval. The Department’s order shall include the following:

(a) A quantification of the maximum amount of water to be diverted during the next 20 years under each Extended Permit, or for a longer period as specified for an extended reservoir permit;

(b) The date on which an updated plan shall be submitted to the Department. A Municipal Water Supplier may submit an updated plan at any time prior to the date specified if necessary to accommodate unanticipated events. The Department shall not require submittal of an updated plan earlier than five years after issuance of the order approving the plan; and

(c) Provided the date specified in subsection (b) for submittal of an updated plan is greater than 5 years, a schedule for submittal of a five-year progress report on implementation of the water conservation and supply measures described in the plan.

(5) For a water management and conservation plan submitted by an Agricultural Water Supplier, if the Department determines that the proposed final plan satisfies the relevant requirements or if the water supplier satisfactorily corrects any identified discrepancies, the Department shall issue a final order approving the plan and notify the water supplier and any person who submitted comments pursuant to OAR 690-086-0905 (Notice of Submittal of a Draft Plan or Updated Plan) of the approval. The Department shall specify in the order approving the plan if an updated plan shall be required and, if so, the date on which the updated plan shall be submitted to the Department. The Department shall not require submittal of an updated plan earlier than five years after issuance of the order approving the plan.

(6) For an Alternate Municipal WMCP submitted by a Small Municipal Water Supplier, the Department shall review the plan to determine if the information and analyses in the plan are sufficient for the Department to make the determination required under OAR 690-086-0330 (Criteria for Approval of an Alternate Municipal WMCP Submitted by Small Municipal Water Suppliers).

(7) For an Alternate Municipal WMCP submitted by a Small Municipal Water Supplier, if the Department determines that the proposed final plan includes the required elements under OAR 690-086-0320 (Alternate Municipal WMCP for Small Municipal Water Suppliers: General Provisions) to 690-086-0370 (Alternate Municipal WMCP: Water Supply Element for Small Municipal Water Suppliers) and meets the applicable criteria under OAR 690-086-0330 (Criteria for Approval of an Alternate Municipal WMCP Submitted by Small Municipal Water Suppliers), the Department shall issue a final order approving the plan and notify the water supplier and any person who submitted comments pursuant to OAR 690-086-0905 (Notice of Submittal of a Draft Plan or Updated Plan) of the approval. The Department’s order shall include the following:

(a) A quantification of the maximum amount of water to be diverted during the next 20 years under each Extended Permit, or for a longer period as specified for an extended reservoir permit (not to exceed existing development limitations established by a final order(s) issued by the Department);

(b) The date on which an updated plan shall be submitted to the Department. A Small Municipal Water Supplier may submit an updated plan at any time prior to the date specified if necessary to accommodate unanticipated events. The Department shall not require submittal of an updated plan earlier than five years after issuance of the order approving the plan; and,

(c) Provided the date specified in subsection (b) for submittal of an updated plan is greater than 5 years, a schedule for submittal of five-year progress reports on implementation of the water conservation and supply measures described in the plan.

(8) The Department shall issue a final order denying approval of the plan and notify the water supplier and any person who submitted comments pursuant to OAR 690-086-0905 (Notice of Submittal of a Draft Plan or Updated Plan) of the issuance of the order if:

(a) The Department determines that the proposed final plan does not contain the plan elements required under OAR 690-086-0125 (Municipal WMCP Elements) for a Municipal WMCP,690-086-0225 (Agricultural Water Supplier Plan Elements) for a water management and conservation plan submitted by an Agricultural Water Supplier, or 690-086-0325 (Alternate Municipal WMCP: Water Supplier Plan Elements for Small Municipal Water Suppliers) for an Alternate Municipal WMCP;

(b) The plan does not meet the criteria under OAR 690-086-0130 (Criteria for Approval of a Municipal WMCP) for a Municipal WMCP or under 690-086-0330 (Criteria for Approval of an Alternate Municipal WMCP Submitted by Small Municipal Water Suppliers) for an Alternate Municipal Water WMCP;

(c) The Municipal Water Supplier has failed to adequately justify a request for additional time to implement water Metering under OAR 690-086-0150 (Municipal Water Conservation Element for a Municipal WMCP)(4)(b) for a Municipal WMCP, or a Benchmark established in a previously approved plan; or

(d) The Small Municipal Water Supplier has failed to adequately justify a request for additional time to implement water Metering under OAR 690-086-0350 (Alternate Municipal WMCP: Water Supplier Conservation Element for Small Municipal Water Suppliers)(4)(b) for an Alternate Municipal WMCP, or a Benchmark established in a previously approved plan; or

(e) The work plan submitted under OAR 690-086-0900 (Water Management and Conservation Plan Review, Approval, and Enforcement)(3) is insufficient for completing the additional work necessary to satisfy the requirements of these rules.

Source: Rule 690-086-0915 — Final Review of Plans, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-086-0915.

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 690-086-0915 Final Review of Plans

OAR 690-086-0915
Final Review of Plans