OAR 690-025-0040: Regulation of Hydraulically Connected Wells

(1) In the Upper Klamath Basin, a joint study of groundwater hydrology by the Department and the U.S. Geological Survey has established that groundwater and surface water are hydraulically connected. (2) Based on the data and results of the joint groundwater hydrology study, wells that withdraw groundwater in the Upper Klamath Basin reduce groundwater discharge and surface water flow. (3) The determinations in subsections (1) and (2) are based on the best available information, including but not limited to, water well reports, basin and hydrologic studies, topographic maps, hydrogeologic reports, groundwater and surface water elevation data, groundwater flow models, model simulation results for the Upper Klamath Basin, and any other information that is used in the course of applying generally accepted hydrogeologic methodologies. (4) The Department has determined that regulating permitted wells that are located a horizontal distance equal to or less than 500 feet from a source of surface water rights will result in relief to surface water rights within the current season of use. (5) Before regulating an authorized groundwater use pursuant to subsection (4), the Department shall determine the horizontal distance between each well and the source or sources of surface water rights. (6) The Department may regulate wells that are located a horizontal distance equal to or less than 500 feet from a source of surface water rights whenever a valid call for surface water is made and the Department is regulating in accordance with the users’ existing rights of record. Under this rule, the Department will not regulate wells located a horizontal distance greater than 500 feet from a source of surface water. (7) Groundwater regulation in the Upper Klamath Basin before March 1, 2021, will occur pursuant to OAR 690-0025-0020 to OAR 690-0025-0040. After March 1, 2021, OAR 690-0025-0020 to OAR 690-0025-0040 will no longer be in effect and groundwater regulation in the Upper Klamath Basin will occur under OAR 690-009, unless the Commission adopts new rules prior to March 1, 2021, governing groundwater regulation for senior surface water rights in the Upper Klamath Basin. (8) Notwithstanding present conformance of these rules with ORS 537.780(2)(a), these rules do not establish a precedent that precludes different or additional determinations of what wells may be regulated so as to provide relief to surface water rights within the current season of use consistent with the authorities of the Water Resources Commission.