OAR 690-510-0100
Application Process to Store Reserved Water
(1)
Reservations of water for economic development are established pursuant to ORS 537.249 (Election to have proposed reservation considered as application for permit or rulemaking proceeding) and 537.356 (Request for reservation of unappropriated water for future economic development) to ensure sufficient surface water will be available in the future to meet expected needs. Economic development includes, but is not limited to, the production of goods and services and management of natural resources which contribute economic benefits through both instream and out-of-stream uses of water.(2)
“Multipurpose reservoir”, as used in OAR 690-510-0100 (Application Process to Store Reserved Water) and 0110, means a reservoir storing water to serve multiple potential beneficial uses such as, but not limited to irrigation, commercial, agriculture, power generation, municipal , recreation, and flow augmentation for instream purposes.(3)
Reservations of water for future economic development in OAR 690-511-0110 (Owyhee Reservations) reserve surface water for future storage in multipurpose reservoirs.(4)
Permits to store reserved water shall receive the priority date of the reservation. The priority date for reservations under OAR 690-510-0110 (Malheur Reservations) shall be November 6, 1992.(5)
In addition to the requirements of ORS Chapter 537 (Appropriation of Water Generally), OAR Chapter 690, Division 310, and any other applicable rules, an application for a permit to store water reserved under 690-511-0110 (Owyhee Reservations) shall include:(a)
An assessment of the effect of the proposed reservoir on fish and wildlife developed after consultation with the Oregon Department of Fish and Wildlife;(b)
An assessment of the effect of the proposed reservoir on water quality developed after consultation with the Oregon Department of Environmental Quality;(c)
An analysis of water supply alternatives to the proposed reservoir, such as off-stream storage, water right transfers and implementation of conservation measures; and(d)
An analysis summarizing and describing how the proposed project will enhance instream values, including but not limited to instream flows.(6)
For the purposes of review of water right permit applications to store reserved water under OAR chapter 690, division 310, the reserved quantities of water listed in OAR 690-510-0110 (Malheur Reservations) are available for appropriation. However, the determination that water is available under OAR 690-510-0110 (Malheur Reservations) shall not substitute for consideration during the public interest review of site-specific information as required under OAR chapter 690, division 310 and applicable statutes or rules. Because the finding that water is available in OAR-510-0110 is a water availability determination for a sub-basin, analysis of water availability at the specific location shall be conducted at the time of permit application review.(7)
In addition to any other findings required for issuance of a reservoir permit under ORS Chapter 537 (Appropriation of Water Generally), OAR 690, Division 310, and applicable rules and prior to issuance of a permit for a proposed project storing water reserved under 690-510-0110 (Malheur Reservations), the Department shall also find:(a)
The proposed reservoir is consistent with the purpose of the reservation following consultation with the Department of Agriculture and other state agencies;(b)
The proposed reservoir will enhance instream values, including but not limited to instream flows; and(c)
Whether minimum bypass flows are required.(8)
The Department shall determine, and impose as a condition, an appropriate storage season, and shall include other conditions to ensure no injury to senior water rights and to protect instream values.(9)
Progress Reports: Until the Department has issued permits for reservoirs for the full quantity of reserved water under OAR 690-510-0110 (Malheur Reservations), the Department shall biennially report to the Water Resources Commission on the amount of water available under the reservation, and the quantity allocated under the reservation. The Department or Commission may require periodic reports from the Department of Agriculture on the continued interest in the reservation, efforts undertaken to develop the reservation, and any challenges to developing the reservation.(10)
Effective date of rules:(a)
OAR 690-510-0110 (Malheur Reservations) shall be effective until January 7, 2037, unless effective date has been extended by further rulemaking of the Water Resources Commission.(b)
The expiration of these reservation rules shall not affect pending applications that have been received and deemed complete and not defective by the Water Resources Department pursuant to ORS 537.150 (Filing of application)(2), prior to the expiration date of the rules.
Source:
Rule 690-510-0100 — Application Process to Store Reserved Water, https://secure.sos.state.or.us/oard/view.action?ruleNumber=690-510-0100.