OAR 690-010-0160: Content, Filing, and Review of Adopted Critical Groundwater Area Rules

(1) Any rule adopted by the Commission under ORS 537.730 and these rules shall include the requirements of ORS 537.735. Corrective control measures that limit or otherwise restrict existing rights or uses of groundwater in a critical groundwater area may be implemented only as consistent with the provisions of ORS 537.742, ORS 183, and OAR 690-010-0170 – 0230. (2) A critical groundwater area rule may include any one or more of the corrective control provisions under ORS 537.735(3)(a)–(f) that may be applied to the entire critical groundwater area or to designated subareas of the critical groundwater area. These corrective control provisions include: (a) A provision closing the critical groundwater area to any further appropriation of groundwater, in which event the commission shall thereafter refuse to accept any application for a permit to appropriate groundwater located within such critical area; (b) A provision determining the permissible total withdrawal of groundwater 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 groundwater area to further appropriation of groundwater for its thermal characteristics; (f) A provision determining the permissible change in thermal characteristics of groundwater in all or part of the critical groundwater 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 groundwater, in accordance with the relative dates of priority of such rights. (3) The Department shall file a copy of any rules designating a critical groundwater area with the Secretary of State as provided in ORS 183.355 and with the county clerk of each county within which any part of a critical groundwater area lies, and the county clerk shall record the designation in the deed records of the county. (4) The Department shall conduct a periodic review of conditions within the critical groundwater area no less than once every 10 years to evaluate the continuing need for the critical groundwater area. (5) In addition to the requirements of section (4), if the Commission adopts a critical groundwater area rule that limits groundwater use, the Commission shall review the rule at least once every three years. The review process shall include public notice and an opportunity to comment on the rule.