OAR 690-507-0810: Stage Gulch CGWA: Distribution of Sustainable Annual Yield

(1) The method for distributing the sustainable annual yield from the basalt groundwater reservoir within each managed subarea in the Stage Gulch Critical Groundwater Area is as follows: (a) Except as provided in section (5) of this rule, a water user who intends to pump water for any authorized use except municipal use during any year shall make a request to the Department in Salem by July 1st of the preceding year on forms provided by the Department; (b) The Department shall assume that municipal water users intend to pump a quantity of water equivalent to the average pumped for the previous three (3) years, unless the municipal water user informs the Department otherwise by July 1st; (c) Except as provided in section (5) of this rule, the distribution of groundwater for any authorized use except municipal use shall be based on the priority dates of the water rights within the individual subarea; (d) In determining the amount of groundwater each water user is allocated to pump during the next calendar year or irrigation season, the Department may consider: (A) Requests for allocations received; (B) The sustainable annual yield; (C) The limits of the groundwater rights; (D) The relative dates of priority, with preference given without regard to priority date for municipal use; (E) Historical usage; (F) Whether or not a water user is physically capable of pumping and putting to a beneficial use the quantity requested; and (G) Any other factors deemed appropriate by the Department. (e) The Department shall notify by certified mail with return receipt requested, each water user by August 1st of the amount of groundwater allocated under these rules to each water user for the next calendar year or irrigation season; (f) Persons who wish to challenge the allocation determined under this rule shall request a hearing before the Department pursuant to ORS 183.415 to 183.470. (2) If pumpage for a particular year exceeds the sustainable annual yield for a subarea, the total subarea allocation for the second year after that occurrence shall be reduced by that volume. (3) If any water user requests more water than has been historically used, the Department may allocate less water than requested if, upon investigation, it appears unlikely the user will pump the volume requested. (4) If any water user requests less water than has been historically used, the Department may allocate more water than requested if, upon investigation, it appears likely that the user will pump more than the volume requested. (5) The method of requesting and distributing water in section (1) of this rule may not apply if a voluntary agreement among groundwater users in any subarea is reached. The Director may approve the agreement if it is consistent with ORS 537.730 to 537.740 and the requirements of these rules (division 507). The Department shall be a party to any agreement reached. (6) Any agreement approved by the Director may be terminated by the lapse of time as provided in the agreement, by consent to the parties to the agreement or by the Director if the Director finds, after investigation and a public hearing upon adequate notice, that: (a) The agreement is not being substantially complied with by the parties thereto; (b) Changed conditions have made the continuance of the agreement a detriment to the public welfare, safety and health or contrary in any particular to the intent, purposes and requirements of ORS 537.505 to 537.795 or OAR division 690, chapter 507; or (c) That the agreement is ineffective in achieving reasonably stable water levels. (7) A gradual reduction of pumpage in excess of the sustainable annual yield shall be implemented beginning in 1992: (a) Those users who would not be allocated any water in 1992 shall be allowed to pump seventy-five percent of their average pumpage for the period 1986 to 1990; (b) Those users who would not be allocated any water in 1993 shall be allowed to pump fifty percent of their average pumpage for the period 1986 to 1990; (c) Those users who would not be allocated any water in 1994 shall be allowed to pump twenty-five percent of their average pumpage for the period 1986 to 1990. (8) Those users who would be allocated only a portion of their request because it exceeds the sustainable annual yield shall be allowed to pump that volume of water requested that is within the sustainable annual yield. The volume of water allocated under the sustainable annual yield shall be subtracted from the user’s average pumpage for the period 1986 to 1990. A percentage of the difference shall be allocated as described in section (7) of this rule in addition to the volume allocated below the sustainable annual yield.