OAR 690-507-0820: Stage Gulch CGWA: Process of Periodic Review of Sustainable Annual Yield

(1) The Department shall determine whether a reasonably stable water level was achieved in the basalt groundwater reservoir in each subarea in 1995 and every five years thereafter. (2) For any subarea in which a reasonably stable water level was achieved, the Department may increase the sustainable annual yield if the evaluation under section (1) of this rule indicates that more water is available than the existing sustainable annual yield. (3) For any subarea in which a reasonably stable water level was not achieved, the Department may decrease the sustainable annual yield or modify subarea boundaries, or both, if the evaluation under section (1) of this rule indicates that less water is available than the existing sustainable annual yield. (4) For any subarea in which a reasonably stable water level was achieved but for which individual wells, in the Director’s judgment, show significant water level declines, the Department may propose modification of subarea boundaries. (5) If the Department proposes to modify sustainable annual yields or subarea boundaries, it shall conduct a rulemaking hearing as part of the basin program. (6) The Department may propose modification of subarea boundaries or sustainable annual yields at times other than the five year review required in section (1) of this rule. (7) Individuals with a groundwater right in the Stage Gulch Critical Groundwater Area may petition the Department to modify subarea boundaries or sustainable annual yields under the following conditions: (a) The petition shall be in writing; (b) The petition shall contain evidence in support of the proposed modification; and (c) The petition shall specify the proposed location of the boundary or sustainable annual yield.