OAR 690-410-0010: Groundwater Management

(1) Policy — The groundwaters of the State of Oregon belong to the public. The reasonable control, protection, and use of groundwater is governed by the state on behalf of the public. Groundwater shall be managed to promote efficient and sustainable use for multiple purposes. Groundwater overdraft and contamination shall be prevented to avoid health hazards, environmental damage, and costly correction programs. Interference between groundwater uses and competing groundwater and surface water uses shall be prevented and/or controlled to protect the water resource and existing rights. The state shall pursue restoration of contaminated groundwaters to protect present and future uses. Coordinated action by federal, state and local agencies, Indian tribes, and special districts, along with public education, shall be fostered to promote the effective management, protection and beneficial use of groundwater. (2) Principles — Programs to achieve the policy in section (1) of this rule shall be guided by the following principles: (a) Groundwater and surface water shall be managed conjunctively where to do so will protect water resources, existing water rights, and the public interest; (b) Rules governing well construction, maintenance, and abandonment shall provide minimum standards for protection of the public welfare, safety, and health and the groundwaters of the state; (c) Water well constructors, owners, and operators are responsible to construct, alter, maintain, operate, and abandon wells, and any holes through which the groundwater may be contaminated, in accordance with minimum statewide standards and shall undertake measures necessary to prevent waste, undue interference, contamination, or harm to the groundwater; (d) Low-temperature geothermal fluids are part of the groundwater resources of the state and are subject to applicable laws and plans. These fluids are developed primarily for thermal characteristics and may require special management approaches to promote beneficial use, protect the environment and achieve other policy directives; (e) Special-area designations (i.e., critical groundwater management areas, serious water management areas, basin plan restriction areas) may be warranted under conditions such as: (A) Past, existing or probable excessive groundwater level declines or overdraft; (B) Substantial interference between two or more wells or between groundwater and surface water uses (including public instream uses), or between groundwater appropriation and geothermal appropriation under ORS Chapter 522; and (C) Groundwater contamination. (f) Special-area designations shall be invoked when site-specific standards and regulations are no longer sufficient to solve or prevent the problem(s). The invoking of special-area designations shall be accompanied by recommended monitoring, reporting, or regulating activities to prevent, correct or control existing or potential declines, overdraft, interference or contamination. Existing groundwater appropriations, which are generally protected from infringement, may be controlled if any of the conditions listed in subsection (2)(e) of this rule are found to exist; (g) Groundwater appropriation for artificial recharge is a beneficial use and can be approved if such action will not: (A) Cause significant adverse effects on the quantity or quality of the supplying and receiving water sources; or (B) Harm the public interest. (h) Ongoing collection, analysis, and distribution of hydrogeologic information are necessary to manage groundwater for maximum beneficial use and to protect the public welfare, safety, and health; (i) Public education programs, research, and demonstration projects are needed to increase citizen awareness of groundwater issues in this state; and (j) Adequate and safe supplies of groundwater for human and livestock consumption are given priority over other uses during times of shortage.