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Oregon Water Resources Department Rulemaking
Current Rulemaking
 
Divisions 200, 205, 210, 215 and 240—Well Construction Rules Regarding Measuring Tubes, Rule References, Setbacks, Well Seals, Geotechnical Holes and TDS Requirement.

The proposed rules require the installation of a dedicated measuring tube in all wells at the time of pump installation, repair, or replacement so that the water level in the well can be determined at any time. In addition to the dedicated measuring tube, the Oregon Water Resources Department (Department) is also pursuing other rulemaking in the interest of protecting the groundwater resources and water users of the State. The proposed rule changes include:

      • Clean-up out of date, or incorrect, rule, table, or appendix numbers.
      • Clarify and clean-up existing rule language so that it is more clear and easy to read.
      • Adds definitions for "petroleum" and "wet soil monitoring hole".
      • Adds requirement for information on submitted well reports.
      • Adds setback requirements from petroleum storage tanks.
      • Clean-up and modify well construction sealing standards.
      • Add requirement for dedicated measuring tubes.
      • Clarify geotechnical hole requirements.
      • Clarify piezometer abandonment requirements.
      • Add requirements for direct push monitoring wells and piezometers.


Click here for the Notice of Proposed Rulemaking Hearing
Click here for the Statement of Need and Fiscal Impact
Click here for Proposed Draft Rules for Division 200
Click here for Proposed Draft Rules for Division 205
Click here for Proposed Draft Rules for Division 210
Click here for Proposed Draft Rules for Division 215
Click here for Proposed Draft Rules for Division 240
 
 
Division 504 – Hood Basin Program

A reservation of water for future economic development sets aside a quantity of water for multipurpose storage to meet future needs. The rules establishing the Hood Basin reservations are set to expire on October 17, 2016 unless extended in rule by the Oregon Water Resources Commission. This revised rule would extend reservations of water for future economic development for the West Fork Hood River Subbasin, East Fork Hood River Subbasin, Neal Creek Subbasin, Mosier Creek Subbasin, Eightmile Creek Subbasin and Fifteenmile Creek Subbasin of the Hood Basin for an additional 20 years, and would change reporting requirements that apply to the Oregon Department of Agriculture and Oregon Water Resources Department. In addition, the rules include expansion of classified uses to clarify that the allowable uses include agricultural, commercial, and flow augmentation for instream use; pursuant to ORS 538.200, addition of withdrawal of rivers that form waterfalls; and to address inconsistencies in terminology.
 
Click here for the Notice of Proposed Rulemaking Hearing
Click here for the Statement of Need and Fiscal Impact
Click here for Proposed Draft Rules
 
 
Division 508—Grande Ronde Basin Program
A reservation of water for future economic development sets aside a quantity of water for storage to meet future needs. The rules establishing the Grande Ronde Basin reservations of water are set to expire on February 7, 2017, unless extended by rule by the Water Resources Commission. This rule would extend reservations of water for future economic development for the Upper Grande Ronde Subbasin and Middle Grande Subbasin of the Grande Ronde Basin for an additional 20 years, and changes reporting requirements. Without these rules, the Grande Ronde Basin reservations will expire. In addition, the rules include expansion of classified uses to clarify that the allowable uses include agricultural, commercial, and flow augmentation for instream use, and to address inconsistencies in terminology.
 
Click here for the Notice of Proposed Rulemaking Hearing
Click here for the Statement of Need and Fiscal Impact
Click here
 for Proposed Draft Rules
 
Division 510—Malheur Basin Program
A reservation of water for future economic development sets aside a quantity of water for storage to meet future needs. The rules establishing the Malheur Basin reservations of water are set to expire on January 7, 2017, unless extended by rule by the Water Resources Commission. This rule would extend reservations of water for future economic development for the three Malheur Reservations of the Malheur Basin for an additional 20 years, and changes reporting requirements. Without these rules, the Malheur Basin reservations will expire. In addition, the rules include expansion of classified uses to clarify that the allowable uses include agricultural, commercial, and flow augmentation for instream use, and to address inconsistencies in terminology.
 
Click here for the Notice of Proposed Rulemaking Hearing
Click here for the Statement of Need and Fiscal Impact
Click here for Proposed Draft Rules
 
 
Division 511—Owyhee Basin Program
 
A reservation of water for future economic development sets aside a quantity of water for storage to meet future needs. The rules establishing the Owyhee Basin reservations of water are set to expire on January 7, 2017, unless extended by rule by the Water Resources Commission. This rule would extend reservations of water for future economic development for the Owyhee Reservations of the Owyhee Basin for an additional 20 years, and changes reporting requirements. Without these rules, the Owyhee Basin reservations will expire. In addition, the rules include expansion of classified uses to clarify that the allowable uses include agricultural, commercial, and flow augmentation for instream use; an addition of withdrawal from further appropriation for irrigation purposes from Owyhee River and its tributaries above the Owyhee Reservoir by order of the State Engineer dated May 27, 1929; and to address inconsistencies in terminology.
 
Click here for the Notice of Proposed Rulemaking Hearing
Click here for the Statement of Need and Fiscal Impact
Click here for Proposed Draft Rules
 
Completed Rulemaking
 
 
Division 79 – Permanent Rules Establishing Procedures for Extending Reservations of Water for Economic Development

A reservation of water for future economic development sets aside a quantity of water for storage to meet future needs. The existing OAR 690,
Division 79 rules, which outline procedures to establish and extend reservations, have not been updated since the statutes governing reservations were amended in 1995 and 1997. As a result, the Division 79 rules are not consistent with changes in statute. A number of reservations are set to expire over the next few years; therefore, these Division 79 rules are intended to clarify the information requirements and process the Department will follow in considering requests to extend reservations.
 
Click here for the Notice of Proposed Rulemaking Hearing
Click here for the Statement of Need and Fiscal Impact
Click here for Draft Permanent Rules
Click here for the Final Rules
 
 
Division 512 – Malheur Lake Basin Program
 
NOTE: TO ALLOW MORE TIME FOR PUBLIC REVIEW, THE COMMENT PERIOD ON THESE DRAFT RULES HAS BEEN EXTENDED TO MARCH 30, 2016.  THE PUBLIC HEARINGS HAVE ALSO BEEN RESCHEDULED TO MARCH 30, 2016. 
 
In general, a Basin Program describes how water may be used in major river and lake basins and their tributaries. The Malheur Lake Basin Program currently describes that new uses may only be established if water is available unless the use is for an instream right, permit to store water between March 1 and May 31, use of stored water, and multi-purpose storage projects authorized under OAR 690-512-0100. The Malheur Lake Basin Program also reserves water for future economic development in the Home Creek sub-basin.
 
Current data, comprising substantial evidence, indicate that groundwater levels are declining in areas of the Greater Harney Valley Groundwater Area of Concern. Additional allocation of groundwater within this area may exacerbate these declines. A comparison between estimated annual recharge and previously allocated groundwater volumes indicates that groundwater is fully allocated in some areas of the basin. The Department is proposing to establish the Greater Harney Valley Groundwater Area of Concern in part of the Malheur Lake Basin, which will allow some pending applications to be approved if offset water can be provided, and limit future applications from being approved while a groundwater study is completed. Exempt uses will not be limited.
 
Two public hearings will be held on these draft rules. One is at the Harney County Community Center on March 30, 2016 from 10:00 am to 12:00 pm.  Another hearing will be held at the Oregon Water Resources Department, 725 Summer St. NE, Rogue Conference Room, Salem, OR 97301 on March 30, 2016 from 10:00 am to 11:00 am.  Written comments will be accepted until 5 pm on March 30, 2016.  See below for more information. 
 
Click here for the Notice of Proposed Rulemaking Hearing
Click here for the Statement of Need and Fiscal Impact
Click here for the Draft Rules
Click here for the Exhibit 1 Map
Click here for the Final Rules
Click here for the Final Exhibit Map

Division 509 – Extending Reservations of Water for Economic Development for Burnt River Areas of the Powder Basin


NOTE: THE JANUARY 25th HEARING LOCATION HAS BEEN MOVED TO THE:
Geiser Grand Hotel, 1996 Main St. Baker City, OR  97814
 
These rules amendments would extend reservations of water for future economic development for the South Fork Burnt River, North Fork Burnt River, and Burnt River Subbasins of the Powder River Basin for an additional 20 years, to 2036, and change reporting requirements.  Without these rule amendments, the Burnt River area reservations will expire.  In addition, the rules include corrections to clarify that the uses for the reservations are classified uses and address inconsistencies in terminology. 
 
The first hearing will be held at the Best Western Sunridge Inn, Library/Marilyn's Room, 1 Sunridge Lane, Baker City, OR 97814 Geiser Grand Hotel, 1996 Main St., Baker City, OR  97814 on January 25, 2016 from 6:00 pm to 7:00 pm.  A second hearing will be held at the Oregon Water Resources Department, 725 Summer St. NE, Room 124b, Salem, OR 97301 on January 26, 2016 from 4:00 pm to 5:00 pm.  Written comments will be accepted through February 4, 2016.  See below for more information. 
 
Click here for the Notice of Proposed Rulemaking Hearing
Click here for the Statement of Need and Fiscal Impact
Click here for the Draft Rules
Click here for the Final Rules
 
 
For Current and Archived Rulemaking Notices, please click here
 
Interested in subscribing to our list to receive notices about rulemaking efforts?  Click here 
 
For questions, please contact Diana Enright, Rule Coordinator at (503) 986-0874, or via email at
 
Submit written comments (must be received by 5 PM on the day the comment period ends):
  By Mail: Rule Coordinator, Oregon Water Resources Department
                725 Summer St. NE, Suite A
                Salem, OR 97301-1271
                  By fax at:  503.986.0903, Attn: Rule Coordinator
                Or by email torule-coordinator@wrd.state.or.us