OAR 690-019-0040: Emergency Water Use Permit

(1) After the Governor declares that a severe, continuing drought exists, the Director may approve applications for emergency use permits. Emergency use permits shall allow use of water to replace water not available under an existing right because of the drought. Each application must be for use within a designated drought area. All fees required by OAR 690-019-0100 shall accompany the application. Application forms may be obtained from the Department. (2) An emergency water use permit applicant shall submit sufficient information to establish that: (a) Drought conditions have created an inability on the part of the applicant to obtain water under an existing right; and (b) Use is proposed in a designated drought area; (c) Additionally, the Director may require the applicant to submit a plan and evidence showing conservation and water use curtailment measures have been taken before use is made of an emergency use permit. (3) The Director shall approve an application for emergency water use upon findings that the proposed use will not cause injury to existing water rights and will not impair or be detrimental to the public interest. In evaluating whether the proposed use will impair or be detrimental to the public interest, the Director shall consider the factors described in OAR 690-310-0120 and 690-310-0130; and: (a) The need for water because of the drought emergency; and (b) The short-term nature of the proposed emergency use. (4) An emergency use permit may be issued upon approval by the Director. No hearing under ORS 537.170 is required: (a) Public notice of receipt of emergency use applications or approval of such applications will be included in the Department's regular public notice of applications; (b) The Director will consider all comments received concerning the use, or proposed use, under the emergency use permit throughout the life of the permit. (c) Use of water under the emergency use permit may be regulated at any time in accordance with the terms and conditions of the permit; (5) Emergency use permits issued by the Director shall include the following conditions or limitations: (a) Use of water is subject to prior water right permits, certificates, decreed rights, scenic waterway flows and minimum stream flows; (b) A specified duration of use, not to exceed one year, unless renewed pursuant to OAR 690-019-0085; (c) Rate, volume, and season limitations which shall not exceed the limitations of the underlying water right, including a condition that permits granted pursuant to this section shall not extend the season beyond historic use; (d) The expiration date for the permit granted pursuant to this section which shall not exceed the term of the Governor's declared drought; (e) If use of water under the emergency use permit causes injury to an existing water right, the permit shall be revoked unless the injury is mitigated to the satisfaction of the Director and injured water right holder; and (f) Any other conditions the Director deems appropriate, including but not limited to water use conservation, measurement and water curtailment measures. (6) An emergency use permit issued to a state agency or political subdivision shall require: (a) Submission of a water conservation or curtailment plan for approval by the Director; or (b) Implementation of an approved water conservation or curtailment plan when directed by the Governor. (7) A previously submitted conservation or curtailment plan may be submitted in lieu of the requirement for submittal in subsection (6)(a) of this rule. (8) If an application fails to meet any requirement of these rules the application shall not be filed and shall be returned to the applicant.