(a) Define the boundaries of the critical ground water area and shall indicate which of the ground water reservoirs located either in whole or in part within the area in question are included within the critical ground water area. Any number of ground water reservoirs which either wholly or partially overlie one another may be included within the same critical ground water area.
(b) Contain a provision requiring a periodic review of conditions in the critical ground water area. The review shall be in sufficient detail to evaluate the continuing need for the critical ground water area designation and shall occur no less frequently than once every 10 years.
(2) In adopting the rule, the commission shall consider any orders or permits applicable to the reservoir issued by the governing board or State Geologist of the State Department of Geology and Mineral Industries under ORS chapter 522.
(3) A rule by the commission under subsection (1) of this section may include any one or more of the following corrective control provisions:
(a) A provision closing the critical ground water area to any further appropriation of ground water, in which event the commission shall thereafter refuse to accept any application for a permit to appropriate ground water located within such critical area.
(b) A provision determining the permissible total withdrawal of ground water in the critical area each day, month or year.
(c) The disposition of any application for a water right permit for the use of water in the area that is pending at the time the commission initiates the rulemaking process or that is received during the rulemaking process.
(d) Any one or more provisions making such additional requirements as are necessary to protect the public welfare, health and safety in accordance with the intent, purposes and requirements of ORS 537.505 to 537.795 and 537.992.
(e) A provision closing all or part of the critical ground water area to further appropriation of ground water for its thermal characteristics.
(f) A provision determining the permissible change in thermal characteristics of ground water in all or part of the critical ground water area each day, month or year. Insofar as may be reasonably done, the Water Resources Director shall apportion the permissible total temperature impact among those appropriators whose exercise of valid rights in the critical area affect the thermal characteristics of the ground water, in accordance with the relative dates of priority of such rights. [1955 c.708 §27; 1981 c.589 §6; 1981 c.919 §1; 1985 c.673 §63; 1989 c.201 §5; 1991 c.400 §5]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 537 - Appropriation of Water Generally
Section 537.090 - Laws applicable to geothermal wells.
Section 537.095 - Interference between geothermal well and other water appropriation.
Section 537.097 - Verification of land ownership; time limits; exception.
Section 537.099 - Water use report from governmental entity.
Section 537.130 - Permit to appropriate water required; notification to owner of certain land.
Section 537.131 - Reclaimed water.
Section 537.132 - Exemption from permit requirement for use of reclaimed water; rules.
Section 537.133 - Permittee’s right to enter on forestland; notice.
Section 537.139 - Failure to obtain authorization for access to certain land.
Section 537.140 - Application for permit; contents; maps and drawings.
Section 537.141 - Uses of water not requiring water right application, permit or certificate; rules.
Section 537.144 - Request for right to use water under limited license; fee.
Section 537.145 - Notice of filing of application to appropriate water for hydroelectric purposes.
Section 537.147 - Permit to use stored water; fee.
Section 537.170 - Contested case hearing on application; final order; appeal.
Section 537.173 - Exceptions to final order; modified order.
Section 537.220 - Assignment of application, permit or license.
Section 537.225 - Full or partial assignment of water right permit; issuance of replacement permits.
Section 537.227 - Protest of application to assign all or part of water right permit.
Section 537.252 - Certificate issued for land not described in permit; notice.
Section 537.283 - Procedure for applications to appropriate water for hydroelectric power; rules.
Section 537.289 - Conditions to be imposed on permit of municipal corporation or district.
Section 537.292 - Conditions to be imposed on certificate of municipal corporation or district.
Section 537.310 - Acquisition of water rights for railway purposes; certificates.
Section 537.332 - Definitions for ORS 537.332 to 537.360.
Section 537.343 - Proposed final order; conditions.
Section 537.350 - Legal status of in-stream water right.
Section 537.385 - Extension of irrigation season; rules; limitations.
Section 537.400 - Reservoir permits.
Section 537.405 - Exempt reservoirs; written notification to department; injury to other users.
Section 537.455 - Definitions for ORS 537.455 to 537.500 and 540.510.
Section 537.460 - Legislative findings; policy.
Section 537.463 - Applicability of ORS 537.455 to 537.500.
Section 537.465 - Application for allocation of conserved water; submission; required contents.
Section 537.480 - Rules; criteria for evaluating allocation and determining mitigation required.
Section 537.485 - Priority of right to use conserved water; choice of priority.
Section 537.490 - Use of conserved water; notice of dispensation of right to use.
Section 537.495 - Receipt by state agency or political subdivision of right to use conserved water.
Section 537.500 - Legal status of conserved water right.
Section 537.515 - Definitions for ORS 537.505 to 537.795 and 537.992.
Section 537.532 - Injection of ground water into aquifers; standards.
Section 537.545 - Exempt uses; map; filing of use; fee; rules.
Section 537.622 - Contested case hearing; parties; issues.
Section 537.625 - Final order; appeal; contents of permit.
Section 537.626 - Exceptions to final order; modified order.
Section 537.629 - Conditions or limitations to prevent interference with other users.
Section 537.635 - Assignment of application, certificate of registration or permit.
Section 537.670 - Determination of rights to appropriate ground water of ground water reservoir.
Section 537.685 - Findings of fact and order of determination.
Section 537.730 - Designation of critical ground water area; rules; notice.
Section 537.735 - Rules designating critical ground water area.
Section 537.743 - Program to remediate certain domestic water wells.
Section 537.744 - Domestic Well Remediation Fund.
Section 537.745 - Voluntary agreements among ground water users from same reservoir.
Section 537.747 - Water well constructor’s license; rules; fees.
Section 537.750 - Examination for license.
Section 537.753 - Bond or letter of credit; landowner’s permit and bond; fee.
Section 537.762 - Report of constructor before beginning work on well; rules; fees.
Section 537.763 - Water Resources Department Operating Fund.
Section 537.767 - Disbursement of moneys in Water Well Abandonment, Repair and Replacement Fund.
Section 537.772 - Pump tests; report; rules for waiver.
Section 537.775 - Wasteful or defective wells; permanent abandonment of old well.
Section 537.777 - Regulation of controlling works of wells and distribution of ground water.
Section 537.780 - Powers of Water Resources Commission; rules; limitations on authority.
Section 537.781 - Applying for injunction to address violation or potential violation.
Section 537.787 - Investigation of violation of ground water laws; remedies for violation.
Section 537.789 - Well identification number.
Section 537.791 - Request for well identification number.
Section 537.796 - Rules regarding low temperature geothermal appropriations.
Section 537.798 - Water right examiner certificate; regulation of profession; rules; fees.
Section 537.799 - Survey for issuance of water right certificate.
Section 537.800 - Waste, spring and seepage waters; laws governing.
Section 537.801 - Definitions; findings.
Section 537.803 - Application proposing use of water outside of basin of origin; contents.
Section 537.805 - Processing of application; hearing; action on application.
Section 537.855 - Domestic water supply district permitted to divert water out of state; conditions.
Section 537.880 - Policy; log requirement; reporting.
Section 537.885 - Licensing or registration required for drilling of geotechnical hole.
Section 537.890 - Report form; rules; fees.
Section 537.895 - Water Resources Department Geotechnical Fund.
Section 537.990 - Criminal penalties.
Section 537.992 - Civil penalties; schedule of penalties; rules.