OAR 690-010-0120: Required Criteria for Designation of Critical Ground Water Area

(1) The Commission may adopt rules to designate an area of the state a critical groundwater area if any of the requirements under ORS 537.730(1)(a)–(g) are met. These requirements are: (a) Groundwater levels in the area in question are declining or have declined excessively; (b) The Water Resources Department finds a pattern of substantial interference between wells within the area in question; (c) The department finds a pattern of interference or potential interference between wells of groundwater claimants or appropriators within the area in question with the production of geothermal resources from an area regulated under ORS chapter 522; (d) The department finds a pattern of substantial interference between wells within the area in question and: (A) An appropriator of surface water whose water right has an earlier priority date; or (B) A restriction imposed on surface water appropriation or a minimum perennial streamflow that has an effective date earlier than the priority date of the groundwater appropriation (e) The available groundwater supply in the area in question is being or is about to be overdrawn; (f) The purity of the groundwater in the area in question has been or reasonably may be expected to become polluted to an extent contrary to the public welfare, health and safety; or (g) Groundwater temperatures in the area in question are expected to be, are being or have been substantially altered except as specified in ORS 537.796. (2) For the purposes of ORS 537.730(1)(d)(A), a surface water right with an earlier priority date means a certificated or permitted water right including instream water rights and inchoate transfers, a determined claim, or a right evidenced by court decree, the source of which is surface water, including springs, streams, lakes, reservoirs, rivers and a “surface water diversion” as provided in OAR 690-008-0001(4)(A). (3) For purposes of the determination under ORS 537.730(1)(d)(B), ‘restrictions imposed on surface water appropriations’ include but are not limited to, scenic waterways and other types of legally protected surface water flows.