OAR 690-260-0040
Classification of Violations

(1)

Violations are classified as follows:

(a)

Class I — Violations of the terms or conditions of a permit, certificate or license issued under ORS 536 to 543; Violation of ORS 537.130 (Permit to appropriate water required) or 537.535 (Unlawful use or appropriation of ground water, including well construction and operation); Violation of ORS 540.045 (Watermaster duties), 210, 320, 340, 435, 710, 720; or rules adopted under ORS 540.145 (Distribution of water);

(b)

Class II — Violation of ORS 540.310 (Ditches and canals), 330, and 730;

(c)

Class III — Violation of any rule or order of the Water Resources Commission that pertains to well maintenance and violation of ORS 540.440 (Owner to clear weeds from ditch right of way).

(2)

Violations shall be further divided into major, moderate, and minor categories as follows:

(a)

MAJOR is when substantial harm to other water rights, minimum flows, instream water rights, the public health or safety, or other water-based resources is immediate or imminent;

(b)

MODERATE is when substantial harm is not immediate or imminent, but could occur if left uncorrected;

(c)

MINOR is when no substantial harm is apparent.

Source: Rule 690-260-0040 — Classification of Violations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=690-260-0040.

Last Updated

Jun. 8, 2021

Rule 690-260-0040’s source at or​.us