OAR 690-010-0180: Notice of Proposed Corrective Control Orders

(1) Following issuance and notification of the Initial Notification of Proposed Corrective Control Orders, and prior to implementation of any proposed corrective control provisions as may limit the use of groundwater in the critical groundwater area, the Department shall issue a Notice of Proposed Corrective Control Orders proposing implementation of one or more corrective control provisions as specified in ORS 537.742(2)(a )– (f). (2) The Notice of Proposed Corrective Control Orders is a notice for the purposes of ORS 183.415 and shall, in addition to those elements in ORS 183.415 and OAR 137-003-0505, include the following: (a) A case caption that identifies the critical groundwater area at issue including a citation to the rule establishing the critical groundwater area and identification of each county in which the critical groundwater area is located; (b) A statement of the problem resulting in designation of the critical groundwater area that may be addressed by the proposed corrective control provisions limiting the use of groundwater in the critical groundwater area; (c) A clear and concise description of the proposed corrective control provisions; (d) A description of the area where the Director intends to implement the proposed corrective control provisions including attachment of any maps as necessary to clearly show the area of intended corrective control provisions such that groundwater right holders and exempt users located within the area of intended action may determine whether they will be affected by the proposed corrective control provisions; (e) Identification of those groundwater right holders and exempt users whose rights to use groundwater may be limited or otherwise restricted by the proposed corrective control provisions; (f) Findings of fact that support a conclusion that the problem(s) that resulted in designation of a critical groundwater area may be corrected by implementing the corrective control provisions specified in the Notice of Proposed Corrective Control Orders; (g) Reference to scientific information that supports the agency’s findings of fact; (h) Conclusions of law based on the findings of fact and applicable law; (i) An explanation of the reasoning that leads from the findings of fact to the conclusion that the problems that resulted in designation of the critical groundwater area may be resolved by implementation of the corrective control provisions identified in the notice; (j) A notice of right to a contested case hearing pursuant to ORS chapter 183.415 and OAR 137-003-0505; (k) A deadline for filing a Notice of Party Status, as provided in OAR 690-010-0190 by persons holding a groundwater right or exempt users this deadline will be no less than 30 days after the Notice of Proposed Corrective Control Orders is mailed; and (l) A deadline for filing a Petition for Party Status as provided in OAR 690-010-0190; this deadline will be no less than 30 days after the Notice of Proposed Corrective Control Orders is mailed. (3) The Department shall provide notification of the Notice of Proposed Corrective Control Orders by: (a) Mailing copies of the Notice of Proposed Corrective Control Orders by certified or registered mail to groundwater right holders and exempt users whose wells are within the identified area in which corrective control provisions are proposed and whose use of groundwater will be limited by proposed corrective control provisions but only as the Department possesses contact information or may reasonably obtain contact information; (b) First class mail to any affected local governments and to federally recognized Indian Tribes within Oregon; (c) Mailing copies of the Notice of Proposed Corrective Control Orders by regular mail to persons who have timely requested copies of the notice and who chose mail as their preferred method of contact as provided in OAR 690-010-0170(6); (d) Emailing copies of the Notice of Proposed Corrective Control Orders to persons who have timely requested copies of the notice and who chose email as their preferred method of contact as provided in OAR 690-010-0170(6); (e) Publication in the weekly notice published by the Department for four consecutive weeks; (f) Publication on the Department’s website.