OAR 690-310-0130: Public Interest Presumption; Groundwater

(1) The Department shall presume that a proposed groundwater use will ensure the preservation of the public welfare, safety and health as described in ORS 537.525 if: (a) The proposed use is allowed in the applicable basin program established pursuant to ORS 536.300 and 536.340 or given a preference under ORS 536.310(12); (b) Water is available; (c) The proposed use will not injure other water rights; and (d) The proposed use complies with the rules of the Commission. (2)(a) The presumption described in subsection (1) of this section is a rebuttable presumption and may be overcome by a preponderance of the evidence that either: (A) One or more of the criteria for establishing the presumption are not satisfied; or (B) The proposed use would not ensure the preservation of the public welfare, safety and health as demonstrated in comments, protests or a finding of the Department that shows: (i) The specific aspect of the public welfare, safety and health under ORS 537.525 that would be impaired or detrimentally affected; and (ii) Specifically how the identified aspect of the public welfare, safety and health under ORS 537.525 would be impaired or detrimentally affected. (b) In lieu of the factors described in subsections (1) and (2)(a) of this section, the Department shall presume that a proposed use will ensure the preservation of the public welfare, safety and health if the application is for group domestic use expanded for a public water system located in a ground water quality management area declared under ORS 468B.180 for an amount of water equivalent to the amount of water provided by abandoned water wells as provided in section (3). (3) Notwithstanding any contrary provision of law, and subject to subsection (4) of this section, the Department may approve an application under ORS 537.615 by a public water system to appropriate ground water in a ground water quality management area declared under ORS 468B.180 for group domestic use expanded in an amount of water equivalent to the amount of water provided by abandoned water wells that, prior to being abandoned, had used water as provided in: (a) ORS 537.545 (1)(d); or (b) If used by a household, ORS 537.545 (1)(b) and (d). (4) The Department may not approve an application described in subsection (3) of this section unless: (a) The amount of equivalent water described in subsection (3) of this section is less than or equal to 5,000 gallons per abandoned well per day; and (b) The impact of the proposed public water system well on hydraulically connected surface water bodies is similar to or less than the cumulative impact of the abandoned water wells described in this section.