OAR 690-512-0041: Harney Basin Critical Groundwater Area

(1) The target groundwater level trend within the Harney Basin Critical Groundwater Area is a median groundwater level decline rate of no more than zero feet per year over a six-year period when calculated as described in OAR 690-512-0080(7). (2) The Department may access any well within the critical groundwater area that is authorized as a point of appropriation on a valid water right for the purpose of implementing these rules. The Department will provide notice to the groundwater right holder, well owner, or well operator prior to accessing the well. (3) A review of the Harney Basin Critical Groundwater Area rules shall be completed once every three years. The review shall be presented at a public meeting held within the basin at which written and oral public comments shall be accepted. The review and a summary of public comments received shall then be presented at a Commission meeting which has been publicly noticed and provides opportunity for public comment. (4) A review of the conditions in the Harney Basin Critical Groundwater area shall be completed no less frequently than once every 10 years. The review shall be presented at a public meeting held within the basin at which written and oral public comment shall be accepted. The review and a summary of public comments received shall then be presented at a Commission meeting which has been publicly noticed and provides opportunity for public comment. (5) Except as defined in OAR 690-512-0030(2) Classifications, the Department will not accept new applications for groundwater permits within the Harney Basin Critical Groundwater Area. (6) The Harney Basin Critical Groundwater area defined in OAR 690-512-0020(7) shall be divided into seven subareas for the implementation of corrective control provisions as shown in Exhibit 6. (a) The Dog Mountain subarea is shown in Exhibit 7; (b) The Lower Blitzen-Voltage subarea is shown in Exhibit 8; (c) The Northeast-Crane subarea is shown in Exhibit 9; (d) The Silver Creek subarea is shown in Exhibit 10; (e) The Silvies subarea is shown in Exhibit 11; (f) The Upper Blitzen subarea is shown in Exhibit 12; (g) The Weaver Springs subarea is shown in Exhibit 13. (7) For water rights that include authorized points of appropriation in multiple subareas, the Department will determine which subarea contains the majority of those points of appropriation. The water right will be subject to the rules applicable to that subarea. (8) The following water rights shall not be subject to corrective controls that result in groundwater use reductions: (a) Exempt groundwater uses as defined in ORS 537.545; (b) Municipal and quasi-municipal groundwater rights; (c) Any state-issued groundwater rights or federal reserved groundwater claims held by a federally recognized Indian tribe. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]