OAR 690-019-0070: Preference of Use, Human Consumption and Livestock

(1) When the Governor declares that a severe, continuing drought exists, the Commission may grant a temporary preference of use to water rights for human consumption and/or stock watering. The temporary preference of use shall be by order of the Commission and shall apply only to designated drought areas. Temporary preference may be given over other water uses regardless of priority date. (2) Applications for preference for human consumption and/or stock water shall be submitted on a form provided by the Department. (3) In considering designation of an area for preferential use, the Commission may review recommendations from the Drought Council, recommendations from the Water Availability Committee, recommendations from county government officials within a designated drought area, and any other available information. (4) Before issuing an order granting a temporary preference of use the Commission shall determine that the order is necessary to protect the health and welfare of the people of Oregon. Any order issued by the Commission for preference of use shall include: (a) The expiration date for the temporary preference of use granted under the terms of this rule which shall not exceed the term of the Governor's declared drought; (b) The geographic area specified for the temporary preference of use which shall be within a designated drought area; (c) A general statement outlining which water uses have been designated temporarily inferior; (d) A statement that there is an immediate threat to the health and welfare of the people of Oregon; and (e) A requirement that political subdivisions within the designated drought area submit water conservation or curtailment plans for the Director's approval. (5) Upon issuance of the order the watermaster within the designated drought area shall be notified of the temporary preference of use.