Overview
The Department is proposing to repeal three divisions of the Oregon Administrative Rules that are no longer legally operative. This effort is part of the Department's ongoing work to maintain clear, accurate, and up-to-date administrative rules.
The proposed rulemaking would repeal:
These rules were temporarily adopted by the Water Resources Commission for 180-days following the Governor’s Executive Order No. 14-01 (February 13, 2014) drought declaration in Klamath County. The temporary rules were made permanent as the 180-day duration was inadequate to cover the calendar year. The permanent rules included a sunset date of December 31, 2014. The rules have not been in effect since the sunset date. Repealing these rules has no impact on the management of future droughts.
These rules established a framework for regulating the distribution of water between existing water rights of record and hydraulically connected wells in the Klamath Basin Off-Project Area during the irrigation season. The rules were reviewed by the Marion County Circuit Court in Brooks v. Byler et al. (Case No. 19CV27798), with a decision issued on May 4, 2020. Following the court's decision, groundwater regulation under these rules ceased in the affected area.
These rules establish procedures and standards for administration of the Columbia River Basin Water Development Loan Program. The enabling statutes (ORS 541.600–541.640) for this program were repealed in 2013 by
SB 839, with full repeal effective in 2015. Without statutory authority,
these rules cannot be implemented.
Anticipated Rulemaking timeline
The Department anticipates publishing the Notice of Proposed Rulemaking and initiating the public comment period on December 1, 2026. An informational update on the proposed rulemaking is expected to be presented to the Water Resources Commission during its December 10–11, 2026 meeting.
Following the close of the public comment period, the Department will review and consider all comments received and prepare a final rulemaking package. The Department anticipates presenting the proposed repeal package to the Commission for consideration and final action during its March 2027 meeting. If adopted, final rule filings with the Secretary of State are anticipated to be completed by the end of March 2027.