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Oregon Water Resources Department Rulemaking
Current Rulemaking
 
Division 522 - Amends Division 522 to Clarify Adjustment of Allocation Cap and Mitigation Credit Reassignment Upon Cancellation.

OAR Chapter 690, Division 522 is used in conjunction with the Deschutes Basin Ground Water Mitigation Rules in OAR Chapter 690, Division 505, and the Deschutes Basin Mitigation Bank and Mitigation Credit rules in OAR Chapter 690, Division 521.  In addition to other provisions, the Division 522 rules allow water to be added back to a 200 cubic foot per second allocation cap on new groundwater use and permanent mitigation credits to be reassigned under certain circumstances, including permit and certificate cancellation.  However, the rules unintentionally limit cancellation to specific statutes.  Division 522 cites ORS 537.410 (cancellation of a permit for failure to meet construction conditions), ORS 540.621 (voluntary cancellation of a certificate), and ORS 540.610 (forfeiture of a certificated water right).  This limits reassignment of permanent mitigation credits and inclusion of water back to the allocation cap if cancellation occurs under another statute.  The purpose of this rulemaking is to remove the references to specific cancellation statutes and allow water to be added back to the allocation cap and mitigation credits to be reassigned regardless of which cancellation process is exercised.

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
 
Upper Klamath Basin Off-Project Area Groundwater Rulemaking
Division 25 - Local Rules Governing Control of Well Use in the Off-Project Area in the Klamath Basin.
The Oregon Water Resources Department is requesting public comment on proposed rules regarding the regulation of groundwater rights within the off-project area of the Upper Klamath Basin to benefit senior water right holders, consistent with the Upper Klamath Basin Comprehensive Agreement. The off-project area includes the Sprague River Basin, Williamson River Basin, and Wood River Valley, including Sevenmile Creek. The Department is re-noticing and extending the close of the public comment period for everyone from February 17 to March 2, 2015. In addition, the Department has scheduled another public hearing in February for members of the public to submit oral comments.  For more information on the rulemaking process and how to comment, please see the press release and forms below.
 
Click Here to view the January 21, 2015 press release 
Click Here for Notice of Additional Rulemaking Hearing and Extension of Public Comment Period.
Click here for the Statement of Need and Fiscal Impact
Click here for the Draft Rules
 
Click here to view the December 31, 2014 press release
Click here for the Notice of Proposed Rulemaking Hearing
 
Click here for more information about the December 11 rules advisory committee meeting.
Click here to view a draft of the rules for the Devember 11 rules advisory committee meeting.
Click here for more information about the November 18 open house and rules advisory committee meeting.
Click here to view the October 10 press release and initial draft of the rules.
 
Division 20 – Dam Safety Administration, Engineering Design Requirements, Approvals, and Emergency Preparations.
 
These rules implement ORS 540.350 through 540.390 with actions that are intended to ensure the safety of dams insofar as they may affect possible damage to life or property.  These changes update rules to reflect current engineering and safety practices used to keep dams safe.  The rules are objective-based, with additional standards for higher hazard ratings (potential for accidental dam breach that could damage property or result in loss of life).  The general requirements for engineering design, drawings specifications, and administration are detailed in these rules, as is the approval process used by the Department; how the hazard rating is determined, and uses of the dam safety fee.
 
Click here to view Notice of Proposed Rulemaking Hearing
Click here to view Statement of Need and Fiscal Impact
Click here to view Draft Rules
 
 
Completed Rulemaking
 
Division 325 – Allowing for Assignment of a Permit to One or More Parties with Replacement Permits Issued.
 
To establish requirements and procedures that shall be used by the Department to evaluate an application by a landowner of record holding a water right permit for irrigation, nursery, temperature control, stock watering or agricultural water use, to assign all or part of the water right permit and to issue a replacement permit to reflect an assignment from the current permit holder to one or more additional permit holders.
 
Click here to view Notice of Proposed Rulemaking Hearing
Click here to view Statement of Need and Fiscal Impact Statement
Click here to view Draft Rules
 
 
Division 33 – Amends Division 33 Upper Columbia Rules to Achieve Consistency with ODFW Habitat Mitigation Rules.
 
Within OWRD’s current Division 33 Upper Columbia Rules, OAR 690-033-0120(4) references the ODFW Fish and Wildlife Habitat Mitigation Policy rule that was subsequently modified after adoption of these rules.  The proposed rule amendment to OAR 690-033-0120(4) is to reference current ODFW Implementation of Department Habitat Mitigation Recommendations (OAR 635-415-0025).  This amendment will result in OAR 690-033-0120(4) being consistent with ODFW rules.  In addition, the rule change would remove two unnecessary hyphens [OAR690-033-0120(1) & (2)(a)], update the title of the Northwest Power Planning Council to its current title, and update the statutory reference for fish screen design, installation, operation specifications, and passage requirements [OAR 690-033-0120(2)(c)] to achieve consistency with current ODFW revised statute references.
 
Click here to view Notice of Proposed Rulemaking Hearing
Click here to view Statement of Need and Fiscal Impact
Click here to view Draft Rules
 
 
Division 310, 340, & 382 – Adjustment of Transaction Fees Set by Rule.
 
HB 2259 authorized transaction fee increases that average 13% to cover annual inflationary costs over a four-year period.  Most of the fee adjustments are made in statute; those fees set in rule are addressed in this rulemaking.
 
Click here to view Notice of Proposed Rulemaking Hearing
Click here to view Statement of Need and Fiscal Impact
Click here to view Draft Rules
 
 
Division 200, 210, 215, & 240 – Well Construction Rules Focused on:  Bentonite Seals, Deepenings, Sparge Wells, Grout Reporting, and Closed Loops.
 
The proposed rule changes vary in scope and include:  Changing the classification of a sparge well from a geotechnical hole to a monitoring well; requiring well constructors to calculate and report how much sealing material is required and how much is used when placing an annular seal; clarifying the requirements when deepening an existing well and requires a copy of the original well report or the original well report number to be submitted with the deepening well report; correcting a rule reference error in the Geotechnical Hole rules; clarifying that the quality of water cannot interfere with the proper hydration of bentonite in closed loop installations; allows unhydrated bentonite to be used to 200 feet and through up to 50 feet of standing water to seal water supply wells; and requiring unhydrated bentonite to be screened during placement through water, water quality to be tested and describes when it cannot be used.
 
Click here to view Notice of Proposed Rulemaking Hearing
Click here to view Statement of Need and Fiscal Impact
Click here to view Draft Rules
 
Division 22 - Preference for Human Consumption and Stock Water Use in Klamath County during Governor-Declared Drought
 
ORS 536.750 authorizes the Oregon Water Resources Commission, pursuant to a gubernatorial declaration of drought, to grant preference of water use for human consumption and stock watering over other uses of water regardless of priority date. Without the preference, the use of water for human consumption and stock watering would be subject to regulation, and as a result, water that would otherwise be used to meet these needs would not be available. For some water users, there are no readily available alternative sources of water for either stock watering or human consumption. These rules propose to grant a preference for the use of water for stock watering and human consumption in Klamath County during a governor-declared drought emergency in Klamath County.
 
Click here to view Press Release and Frequently Asked Questions
Click here to view Notice of Extended Public Comment Period and Second Rulemaking Hearing.
Click here to view Draft Rules
Click here to view Statement of Need and Fiscal Impact
Click here to view Secretary of State Second Rulemaking Hearing Notice
Click here to view July Archived Notices Related to this Rulemaking
 
 
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 Josh Spansail, 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