OAR 690-350-0120: Artificial Groundwater Recharge (AR) Applications - Supplemental Information Requirements; Permit Conditions

(1) Permit Required. The appropriation of water from any source for the purpose of recharging a groundwater reservoir requires a permit. Likewise, any beneficial use of artificially recharged groundwater in any such groundwater reservoir requires a secondary groundwater permit. (2) Pre-application Conference. Due to the complexities and costs associated with recharge projects and recharge permitting, the Department requires a pre-application conference. (3) Supplemental Information for Permit Application. In addition to data required on permit applications under OAR 690-310-0040, the applicant shall submit additional information to assist the Commission in determining the public interest on the proposed project. An application shall be accepted by the Department for filing only if it contains all required data. Upon request, the Department may assist other agencies in developing their responses to permit applications. The following attachments are necessary: (a) Minimum Perennial Stream Flow or Instream Water Right. If a stream is the proposed recharge source, the applicant shall provide a copy of the document which establishes that the supplying steam has a minimum perennial stream flow or instream water right for the protection of aquatic and fish life. If none is established, the applicant shall attach a copy of a waiver of this prerequisite from the Oregon Department of Fish and Wildlife; (b) Water Quality Permit. The applicant shall attach a copy of the necessary water quality permits from Oregon Department of Environmental Quality, show that the application for necessary permits has been filed, or show that permits are not necessary; (c) Purpose of Recharge. The applicant shall describe the ultimate use or value of the groundwater recharge; (d) Annual Storage. The applicant shall describe the volume of water, or the range of volumes, expected to be stored annually by artificial recharge. The applicant shall describe anticipated losses between the point of diversion and the place of recharge; (e) Financial Capability. If the proposed recharge diversion is for five cfs or more, the applicant shall display proof of financial capability to construct and operate the proposed project. Unless otherwise approved by the Director, the capability shall be supported by written statements from a lending institution; (f) Hydrogeologic Feasibility Report. The applicant shall demonstrate that the proposed recharge project is hydrologically feasible. The report should include an assessment of groundwater conditions in the reservoir and anticipated changes due to the proposed recharge project. This report shall be sealed and signed by a professional(s) registered or allowed, under Oregon law, to practice in this area of geology; (g) Project Description Report. The applicant shall provide plans for recharge project construction, operation, and costs. The report shall outline proposed monitoring plans for flows, water levels in wells and groundwater quality. If surface water is a proposed source of recharge, the report shall indicate when surplus surface waters are generally available. The report shall be sealed and signed by a professional(s) registered or allowed, under Oregon law, to practice civil engineering and this area of geology; (h) Additional Information. The Director may require the applicant to submit additional information to assist in making the public interest determination. (4) Recharge Permit Processing. The Director shall work with the applicant and may work with any person or agency to prepare a draft permit. In particular, the Director shall seek assistance from the State Department of Environmental Quality to develop a water quality monitoring program and standards. (5) Permit Conditions. Any permit shall address the following items: (a) Maximum rate and volume. A permit shall specify a maximum diversion rate and a maximum annual diversion volume; (b) Meters. The recharge permit shall require both the metering of recharge water from the source(s) and metering of water at the place(s) of recharge. Any subsequent secondary groundwater permit shall require metering of stored recharge water withdrawals; (c) Records, Inspections. The permit shall require the permittee to keep accurate and current records of metered values, water levels and other pertinent information. The permit shall allow the Director to inspect records or works covered by the permit upon reasonable notice and at any reasonable time; (d) Estimated Data. When metered or measured data are missing in whole or in part, the Director may make estimates from available data. The Director’s estimates shall be reasonable and, where there is a range of uncertainty, be conservatively low on water delivered to the place of recharge and conservatively high on withdrawals of stored recharge water; (e) Water Levels. The response of water levels in wells shall provide the principal basis on which to judge the effectiveness of recharge under the permit and the availability of stored recharge water: (A) Monitoring Program. The permit shall specify a water level monitoring program for selected times and wells; and (B) Key Wells, Target Levels. The permit shall designate several key wells in the monitoring program. The permit shall establish upper and lower target water levels for each well. Actual water levels on an annual assessment date shall be compared to the target levels for the purpose of prescribing allowable use of stored recharge water. (f) Determination of Stored Recharge Water. The permit shall specify the formula to determine the availability of artificially recharged groundwater for appropriation. The formula shall result from one of the following: (A) Negotiation. The applicant and the Department may negotiate a formula which relies principally on water levels in wells, metered quantities of recharge, secondary permit withdrawals, and hydrogeologic conditions in the area. At permit issuance, stored recharge water may be credited at up to 85 percent of water metered to the place of recharge. Withdrawals of stored recharge water shall be debited at 100 percent of metered values. Calculations of stored recharge water shall be based only on recharge over the last five years; (B) Definitive Groundwater Investigation. The applicant may present a definitive groundwater investigation as a method to determine stored recharge water. The Director must be satisfied that use of such information accurately describes the quantity and location of water available for withdrawal as a result of the recharge. That quantity must be in excess of the groundwater which would be available if artificial recharge were not practiced. If no agreement is reached by negotiation, the applicant must determine stored recharge water by a definitive groundwater investigation. (g) Storage Account. The Department shall record its final determinations on stored recharge water in a storage account. The permit shall specify a method by which the permittee may obtain information on that account; (h) Annual Report. The permittee shall submit an annual report to both the Department and any secondary permittee. That report shall include the range of recharge rates and total quantities during the year at both the diversion point and the place of recharge. In addition, the report shall include a general operations review, the permittee’s estimate of the storage account and the results of other water quantity and quality programs which are required in the permit; (i) Allowable Use of Stored Recharge Water. See rules governing secondary groundwater permits in OAR 690-350-0130; (j) Permit Assignment. A permit condition shall require a potential assignee to prove, to the Director’s satisfaction, the financial capability to construct uncompleted portions of and operate the project, if such proof was required for the application; (k) Condition Changes. If, under actual operation of the recharge project, the Director notifies the permittee that the Director has reason to believe there are adverse groundwater quantity or quality effects, the permittee shall cease recharge activities. No further diversion shall be made until measures to prevent, correct or monitor those adverse effects have been agreed to and implemented; (l) Technical Oversight. If the recharge diversion is for five cfs or more, the permit may require the permittee to have the construction and operation of the proposed project overseen by a professional(s) registered or allowed, under Oregon law, to practice civil engineering; (m) Other Conditions. The permit may contain other conditions which the Commission believes are necessary. (6) Recharge Certificate. Annual reports as required in the permit shall be an element of proof of appropriation to the satisfaction of the Department prior to issuance of a confirming water right certificate. Operational conditions of the permit shall become conditions of the certificate.