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WATER RESOURCES DEPARTMENT
DIVISION 86
WATER MANAGEMENT AND CONSERVATION PLANS
690-086-0010
Purpose
(1) The Water Resources Commission has adopted a statewide policy on Conservation and Efficient Water Use (OAR 690-410-0060). The policy requires major water users and suppliers to prepare water management and conservation plans. These rules provide a process to ensure the efficient use of the state's water resources and to facilitate water supply planning consistent with water supplier and Department capabilities. The Commission shall evaluate implementation of these rules within three years and every three years thereafter.
(2) Many regions of Oregon face periodic and increasingly frequent water shortages during summer periods. Urbanization is resulting in a continually expanding need for municipal water supplies. In addition, many communities are faced with the need to reduce their impacts on the resource in response to state or federal listings of stream-flow dependant species as sensitive, threatened or endangered, water quality problem, and other flow issues. It is increasingly important to the state's economy to maintain adequate stream flows to support aquatic life, provide recreational opportunities and maintain water quality. The continued implementation of conservation measures can help restore streamflows, stabilize water supplies and provide for future needs for economic development and growth.
(3) Pursuant to ORS 540.610(3) the use of water at a rate or duty which is less than the maximum amount allowed under a water right that is achieved through improved water management practices is not a forfeiture under certain circumstances. However, conserved water may only be used on additional acres or for other purposes not included in the original right after allocation of conserved water under ORS 537.455 to 537.500 or under other specific statutory authorizations.
(4) Effective water management requires an evaluation of the adequacy of water supplies to meet current and future needs, identification of planned modifications in water systems, and development of new water supplies. However, the approval of a water management and conservation plan shall not substitute for compliance with Statewide Planning Goals or any other comprehensive land use planning requirement or constitute approval of applications for water rights, water reservations, water storage facilities, transfers, permit amendments, or extensions of time for permits.
(5) Water management and conservation plans will provide information important in water resources planning and management. In addition, the plans may provide support for applications for water use permits and water right transfers, permit amendments, and requests for extensions of permits, approvals of exchanges, and reservations of water. Due regard shall be given to any relevant approved water management and conservation plans during Department consideration of these applications and requests.
(6) Regional cooperation will improve water management and help to facilitate implementation of conservation measures. Water suppliers required under OAR 690-086-0010 to 690-086-0920 to prepare water management and conservation plans, and any other suppliers or users, may jointly submit a single plan that addresses the suppliers' conservation opportunities and water development needs.
(7) A water management and conservation plan that has been approved under these rules may, at the option of the water supplier, be used to satisfy a condition requiring preparation of a conservation plan in an emergency use permit issued pursuant to OAR 690-019-0040 and a requirement for submittal of a curtailment plan in times of a declared or likely drought under an order issued pursuant to ORS 536.780 and OAR 690-019-0090.
(8) Many water use permits that have been issued to water suppliers include conditions requiring preparation of water conservation, long-term water supply, and other water management plans. These rules provide standards for the preparation of such plans. Unless other more specific or stringent requirements are included in a permit, water management and conservation plans that have been approved under OAR 690-086-0915 shall be deemed to meet the permit condition.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02
Definitions
690-086-0020
General Definitions
As used in OAR 690-086-0010 to 690-086-0920:
(1) "Affected local governments" means any local government as defined in OAR 690-005-0015, within whose jurisdiction the diversion, conveyance, or use of water is established or proposed within the context of the water management and conservation plan.
(2) "Commission" means the Water Resources Commission.
(3) "Conservation" has the meaning provided in OAR 690-400-0010.
NOTE: OAR 690-400-0010(5) defines conservation as eliminating waste or otherwise improving efficiency in the use of water while satisfying beneficial uses by modifying the technology or method for diverting, transporting, applying or recovering the water; by changing management of water use; or by implementing other measures.
(4) "Department" means the Water Resources Department.
(5) "Director" means the Director of the Water Resources Department or designee.
(6) "Waste" has the meaning provided in OAR 690-400-0010.
NOTE: OAR 690-400-0010(16) defines waste as the continued use of more water than is needed to satisfy the specific beneficial uses for which a right was granted. The need for water shall be based on using the technology and management practices that provide for the efficient use of water considering:
(a) The economic feasibility of use of the technology and management practices by the water user;
(b) The environmental impacts of making modifications;
(c) The available proven technology;
(d) The time needed to make modifications;
(e) Local variations in soil type and weather; and
(f) Relevant water management plans and subbasin conservation plans.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02
690-086-0030
Definitions for Municipal Water Suppliers
As used in OAR 690-086-0100 to 690-086-0170 and 690-086-0900 to 690-086-0920:
(1) "Authorized water uses" means all water uses known and approved by a municipal water supplier. These uses include all metered uses and any other approved uses such as fire-fighting, fire training, system operation needs, reuse, or miscellaneous uses.
(2) "Benchmark" means the specific incremental activities that a municipal water supplier plans to have completed in implementing conservation measures.
(3) "Extended permit" means a municipal or quasi-municipal water use permit conditioned by an extension order under OAR chapter 690, division 315 or 320 to provide that diversion of water beyond the maximum rate diverted under the permit or previous extension(s) shall only be authorized upon issuance of a final order approving a water management and conservation plan.
(4) "Low water use landscaping" means conserving water through designing landscapes for low water use, irrigating efficiently, improving soil and planting low water use plants.
(5) "Metering" means using water meters or other continuous recording devices to measure and to maintain a record of all water diverted and delivered.
(6) "Municipal water supplier" means a publicly or privately owned water distribution system that delivers potable water for community needs, either to individual customers or another distribution system, or that delivers water primarily for commercial or industrial uses.
(7) "System leak detection" means a program to monitor leakage throughout the transmission and distribution systems of a municipal water supplier.
(8) "System leakage" means all water that is lost from a municipal water supply system, not including major breaks that are expeditiously repaired, and un-metered authorized or unauthorized uses.
(9) "Water audit" means an analysis of a municipal water supply system that includes a thorough accounting of all water into and out of the system to identify system leakage and metered or estimated use for authorized and unauthorized water uses. The audit also includes an analysis of the water supplier's own water use to identify alternatives to increase efficiency.
(10) "Water curtailment element" means a program to accomplish a specific reduction in the amount of water used or lost within a specific time in response to an emergency or other short-term shortage.
(11) "Water service connections" means water supply connections to the water delivery system, including the water supplier's own connections, but does not include connections for uses such as fire hydrants, fire sprinkler systems with flow alarms or detector-checks, water line blow-offs and drains, stand-by emergency interties, valve controlled drinking fountains or other similar intermittently used equipment or facilities.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02, Renumbered from 690-086-0110
690-086-0040
Definitions for Agricultural Water Suppliers
As used in OAR 690-086-0210 to 690-086-0920:
(1) "Agricultural water supplier" means any public or private organization, including but not limited to an irrigation district formed under ORS Chapter 545, a drainage district formed under ORS Chapter 547, a water improvement district formed under ORS Chapter 552, a water control district formed under ORS Chapter 553, a corporation organized under ORS Chapter 554, an unincorporated private association or a ditch company, the primary purpose of which is to supply water to others for agricultural uses.
(2) "Agricultural water measurement" means using measuring devices, including but not limited to weirs, flumes, submerged orifices, gaging stations, and meters, to quantify the rate of flow and the volume of water in a water delivery system.
(3) "Water allocation/curtailment element" means a program to equitably allocate, under existing priorities, a reduced water supply among the water right holders dependent on the supply in response to an emergency or other short-term shortage.
Stat. Auth.: ORS 536.027, 537.211 and 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02, Renumbered from 690-086-0210
Municipal Water Management and Conservation Plans
690-086-0100
Applicability
(1) Municipal water suppliers are encouraged to prepare water management and conservation plans, but are not required to do so unless a plan is prescribed by a condition of a water use permit; a permit extension; or another order or rule of the Commission.
(2) Water management and conservation plans submitted in order to comply with a permit extension order issued after November 1, 2002, are subject to the requirements of these rules.
(3) Until November 1, 2003, water management and conservation plans submitted for purposes other than to comply with a permit extension order issued after the effective date of these rules shall be reviewed under OAR chapter 690, division 86 adopted by the Commission in 1994, unless the water supplier requests the Department to apply the standards in these rules. After November 1, 2003, all new and updated water management and conservation plans are subject to these rules.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 4 2002, f. & cert. ef. 11-1-02
690-086-0110 [Renumbered to 690-086-0030]
690-086-0120
General Provisions
(1) Each municipal water supplier required to submit a water management and conservation plan shall exercise diligence in implementing the approved plan and shall update and resubmit a plan consistent with the requirements of these rules as prescribed during plan approval.
(2) Benchmarks and implementation schedules for conservation measures and other water supply development activities may be modified through the subsequent approval of an updated plan.
(3) Progress reports submitted by municipal water suppliers will be used in determining whether five-year benchmarks are being met, whether the Department will authorize additional diversion of water under extended permits, and/or if schedule changes proposed in updated plans are reasonable and appropriate.
(4) Progress reports submitted by municipal water suppliers shall include:
(a) A list of the benchmarks established under OAR 690-086-0150 and a description of the progress of the municipal water supplier in implementing the associated conservation or other measure;
(b) Average monthly and daily diversions under each right held by the water supplier for the previous five years;
(c) A description of the results of the annual water audit required under OAR 690-086-0150(4)(a); and
(d) A comparison of quantities of water used in each sector as identified and described in OAR 690-086-0140(6) with the quantities of water used in each sector for the previous five years.
(5) Upon receipt of a progress report the Department shall give public notice in the weekly notice published by the Department and provide an opportunity for written public comment. The Department shall provide copies of any comments received to the municipal water supplier.
(6) A master plan prepared under the requirements of the Department of Human Resources Health Division or the water supply element of a public facilities plan prepared under the requirements of the Department of Land Conservation and Development which substantially meets the requirements of OAR 690-086-0125 to 690-086-0170 may be submitted to meet the requirements of these rules.
(7) In the development of a water management and conservation plan, each municipal water supplier shall consult with the planning departments or appropriate officials of affected local governments to obtain information related to demand projections in comprehensive land use plans early in the development of the plan.
(8) At least 30 days prior to submitting a draft plan to the Department, a municipal water supplier shall make the draft plan available for review by each affected local government along with a request for comments relating to consistency with the local government's comprehensive land use plan.
(9) Each municipal water supplier preparing a water management and conservation plan is encouraged to develop and implement a program to involve the supplier's customers in the preparation of the plan. Recommendations include making the plan available for public inspection and conducting public meetings to provide information and gather input on the plan.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02
690-086-0125
Municipal Water Supplier Plan Elements
A water management and conservation plan submitted by a municipal water supplier shall include:
(1) A municipal water supplier description as described under OAR 690-086-0140;
(2) A municipal water conservation element as described under OAR 690-086-0150;
(3) A municipal water curtailment element as described under OAR 690-086-0160;
(4) A municipal water supply element as described under OAR 690-086-0170;
(5) A list of the affected local governments to whom the draft plan was made available pursuant to OAR 690-086-0120(6) and a copy of any comments on the plan provided by the local governments;
(6) A proposed date for submittal of an updated plan within no more than 10 years based on the proposed schedule for implementation of conservation measures, any relevant schedules for other community planning activities, and the rate of growth or other changes expected by the water supplier; or an explanation of why submittal of an updated plan is unnecessary and should not be required by the Department; and
(7) If the municipal water supplier is requesting additional time to implement metering as required under OAR 690-086-0150(4)(b) or a benchmark established in a previously approved plan, documentation showing additional time is necessary to avoid unreasonable and excessive costs.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 4 2002, f. & cert. ef. 11-1-02
690-086-0130
Criteria for Approval of a Plan Submitted by a Municipal Water Supplier
In order to approve a plan by a municipal water supplier under OAR 690-086-0915, the Department must find that:
(1) The plan includes each of the required elements under OAR 690-086-0125;
(2) The projections of future water need in the water management and conservation plan are reasonable and consistent with available land use plans and the municipal water supplier has demonstrated a need for the quantity of water to be diverted during the next 20 years under each permit held by the supplier;
(3) For each of the water conservation measures required under OAR 690-086-0150(4) and, as applicable, 690-086-0150(5), the plan includes a reasonable and appropriate schedule with five year benchmarks for implementation of conservation activities;
(4) If applicable, for each of the water conservation measures required under OAR 690-086-0150(6), the plan includes:
(a) A reasonable and appropriate schedule with five year benchmarks for implementation of conservation activities; or
(b) Documentation to demonstrate that implementation of the measure is neither feasible nor appropriate to ensure efficient use of water and the prevention of waste and the supplier has used a suitable methodology in evaluating the measure;
(5) The identification of resource issues under OAR 690-086-0140(5)(i) is accurate and complete;
(6) The water curtailment element required under OAR 690-086-0160 satisfactorily promotes water curtailment practices and the coordination of usage regulation, taking into account state water law and local conditions, or is substantially the same as a curtailment plan prepared pursuant to ORS 536.780 and OAR 690-019-0090 and approved by the Department within the previous five years;
(7) If during the next 20 years the maximum rate of water diverted under an extended permit will be greater than the maximum rate authorized for diversion under the extension or previously approved water management and conservation plan;
(a)The plan includes a schedule for development of any conservation measures that would provide water at a cost that is equal to or lower than the cost of other identified sources, unless the supplier has provided sufficient justification for the factors used in selecting other sources for development or the supplier serves a population of less than 1,000;
(b) Increased use from the source is the most feasible and appropriate water supply alternative available to the supplier; and
(c) If mitigation is legally required to address limitations or restrictions on the development of permits for which resource issues are identified under OAR 690-086-0140(5)(i), the plan contains documentation that the supplier is complying with the mitigation requirements. The Department may consult with federal and state agencies in making this determination; and
(8) After January 1, 2042, for review of water management and conservation plans that propose to increase the maximum rate of water diverted under an extended permit that the additional diversion of water will not impair or be detrimental to the public interest.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 4 2002, f. & cert. ef. 11-1-02
690-086-0140
Municipal Water Supplier Description
The water supplier description element shall include at least the following information:
(1) A description of the supplier's source(s) of water; including diversion, storage and regulation facilities; exchange agreements; intergovernmental cooperation agreements; and water supply or delivery contracts;
(2) A delineation of the current service areas and an estimate of the population served and a description of the methodology(ies) used to make the estimate;
(3) An assessment of the adequacy and reliability of the existing water supply considering potential limitations on continued or expanded use under existing water rights resulting from existing and potential future restrictions on the community's water supply;
(4) A quantification of the water delivered by the water supplier that identifies current and available historic average annual water use, peak seasonal use, and average and peak day use;
(5) A tabular list of water rights held by the municipal water supplier that includes the following information:
(a) Application, permit, transfer, and certificate numbers (as applicable);
(b) Priority date(s);
(c) Source(s) of water;
(d) Type(s) of beneficial uses specified in the right;
(e) Maximum instantaneous and annual quantity of water allowed under each right;
(f) Maximum instantaneous and annual quantity of water diverted under each right to date;
(g) Average monthly and daily diversions under each right for the previous year, and if available for the previous five years;
(h) Currently authorized date for completion of development under each right; and
(i) Identification of any streamflow-dependent species listed by a state or federal agency as sensitive, threatened or endangered that are present in the source, any listing of the source as water quality limited and the water quality parameters for which the source was listed, and any designation of the source as being in a critical ground water area.
(6) A description of customers served including other water suppliers and the estimated numbers; general water use characteristics of residences, commercial and industrial facilities, and any other uses; and a comparison of the quantities of water used in each sector with the quantities reported in the water supplier's previously submitted water management and conservation plan and progress reports;
(7) Identification and description of interconnections with other municipal supply systems;
(8) A schematic of the system that shows the sources of water, storage facilities, treatment facilities, major transmission and distribution lines, pump stations, interconnections with other municipal supply systems, and the existing and planned future service area; and
(9) A quantification and description of system leakage that includes any available information regarding the locations of significant losses.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02
690-086-0150
Municipal Water Conservation Element
The water conservation element shall include at least the following:
(1) A progress report on the conservation measures scheduled for implementation in a water management and conservation plan previously approved by the Department, if any;
(2) A description of the water supplier's water use measurement and reporting program and a statement that the program complies with the measurement standards in OAR chapter 690, division 85, that a time extension or waiver has been granted, or that the standards are not applicable;
(3) A description of other conservation measures, if any, currently implemented by the water supplier, including any measures required under water supply contracts;
(4) A description of the specific activities, along with a schedule that establishes five-year benchmarks, for implementation of each of the following conservation measures that are required of all municipal water suppliers:
(a) An annual water audit that includes a systematic and documented methodology for estimating any un-metered authorized and unauthorized uses;
(b) If the system is not fully metered, a program to install meters on all un-metered water service connections. The program shall start immediately after the plan is approved and shall identify the number of meters to be installed each year with full metering completed within five years of approval of the water management and conservation plan;
(c) A meter testing and maintenance program;
(d) A rate structure under which customers' bills are based, at least in part, on the quantity of water metered at the service connections;
(e) If the annual water audit indicates that system leakage exceeds 10 percent, a regularly scheduled and systematic program to detect leaks in the transmission and distribution system using methods and technology appropriate to the size and capabilities of the municipal water supplier; and
(f) A public education program to encourage efficient water use and the use of low water use landscaping that includes regular communication of the supplier's water conservation activities and schedule to customers;
(5) If the municipal water supplier proposes to expand or initiate diversion of water under an extended permit for which resource issues have been identified under OAR 690-086-0140(5)(i), a description of the specific activities, along with a schedule that establishes five-year benchmarks, for implementation of a system-wide leak repair or line replacement program to reduce system leakage to no more than 15 percent or sufficient information to demonstrate that system leakage currently is no more than 15 percent.
(6) If the municipal water supplier serves a population greater than 1,000 and proposes to expand or initiate diversion of water under an extended permit for which resource issues have been identified under OAR 690-086-0140(5)(i), or if the municipal water supplier serves a population greater than 7,500, a description of the specific activities, along with a schedule that establishes five-year benchmarks, for implementation of each of the following measures; or documentation showing that implementation of the measures is neither feasible nor appropriate for ensuring the efficient use of water and the prevention of waste:
(a) A system-wide leak repair program or line replacement to reduce system leakage to 15 percent, and if the reduction of system leakage to 15 percent is found to be feasible and appropriate, to reduce system leakage to 10 percent;
(b) Technical and financial assistance programs to encourage and aid residential, commercial and industrial customers in implementation of conservation measures;
(c) Supplier financed retrofitting or replacement of existing inefficient water using fixtures, including distribution of residential conservation kits and rebates for customer investments in water conservation;
(d) Adoption of rate structures, billing schedules, and other associated programs that support and encourage water conservation;
(e) Water reuse, recycling, and non-potable water opportunities; and
(f) Any other conservation measures identified by the water supplier that would improve water use efficiency.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02, Renumbered from 690-086-0140(2)
690-086-0160
Municipal Water Curtailment Element
The water curtailment element shall include at least the following:
(1) A description of the type, frequency and magnitude of supply deficiencies within the past 10 years and current capacity limitation. The description shall include an assessment of the ability of the water supplier to maintain delivery during long-term drought or other source shortages caused by a natural disaster, source contamination, legal restrictions on water use, or other circumstances;
(2) A list of three or more stages of alert for potential shortage or water service difficulties. The stages shall range from a potential or mild alert, increasing through a serious situation to a critical emergency;
(3) A description of pre-determined levels of severity of shortage or water service difficulties that will trigger the curtailment actions under each stage of alert to provide the greatest assurance of maintaining potable supplies for human consumption; and
(4) A list of specific standby water use curtailment actions for each stage of alert ranging from notice to the public of a potential alert, increasing through limiting nonessential water use, to rationing and/or loss of service at the critical alert stage.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02, Renumbered from 690-086-0140(3)
690-086-0170
Municipal Water Supply Element
The water supply element shall include at least the following:
(1) A delineation of the current and future service areas consistent with state land use law that includes available data on population projections and anticipated development consistent with relevant acknowledged comprehensive land use plans and urban service agreements or other relevant growth projections;
(2) An estimated schedule that identifies when the water supplier expects to fully exercise each of the water rights and water use permits currently held by the supplier;
(3) Based on the information provided in section (1) of this rule, an estimate of the water supplier's water demand projections for 10 and 20 years, and at the option of the municipal water supplier, longer periods;
(4) A comparison of the projected water needs and the sources of water currently available to the municipal water supplier and to any other suppliers to be served considering the reliability of existing sources;
(5) If any expansion or initial diversion of water allocated under existing permits is necessary to meet the needs shown in section (3) of this rule, an analysis of alternative sources of water that considers availability, reliability, feasibility and likely environmental impacts. The analysis shall consider the extent to which the projected water needs can be satisfied through:
(a) Implementation of conservation measures identified under OAR 690-086-0150;
(b) Interconnection with other municipal supply systems and cooperative regional water management; and
(c) Any other conservation measures that would provide water at a cost that is equal to or lower than the cost of other identified sources.
(6) If any expansion or initial diversion of water allocated under existing permits is necessary to meet the needs shown in section (3) of this rule, a quantification of the maximum rate and monthly volume of water to be diverted under each of the permits;
(7) For any expansion or initial diversion of water under existing permits, a description of mitigation actions the water supplier is taking to comply with legal requirements including but not limited to the Endangered Species Act, Clean Water Act, Safe Drinking Water Act; and
(8) If acquisition of new water rights will be necessary within the next 20 years to meet the needs shown in section (3) of this rule, an analysis of alternative sources of the additional water that considers availability, reliability, feasibility and likely environmental impacts and a schedule for development of the new sources of water. The analysis shall consider the extent to which the need for new water rights can be eliminated through:
(a) Implementation of conservation measures identified under OAR 690-086-0150;
(b) Interconnection with other municipal supply systems and cooperative regional water management; and
(c) Any other conservation measures that would provide water at a cost that is equal to or lower than the cost of other identified sources.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02, Renumbered from 690-086-0140(4)
Agricultural Water Supplier Water Management
and Conservation Plans
690-086-0210 [Renumbered to 690-086-0040]
690-086-0220
General Provisions
(1) Certain agricultural water suppliers must have approved conservation plans to transfer water rights within the boundaries of the districts to other land within the districts (ORS 540.572 to 540.578). These rules provide the standards for those conservation plans.
(2) Each agricultural water supplier required to submit a water management and conservation plan shall exercise diligence in implementing the approved plan and shall update and resubmit a plan consistent with the requirements of OAR 690, division 86 as prescribed during plan approval.
(3) Any agricultural water supplier participating in the water transfer provisions in ORS 540.572 to 540.578 and OAR 690-021-0070 to 690-021-0700 shall submit an annual report describing progress-to-date in implementing a water management and conservation plan.
(4) Water management and conservation plans submitted by agricultural water suppliers shall meet the requirements listed in OAR 690-086-0225 to 690-086-0270.
(5) A water conservation plan prepared in accordance with criteria of the Bureau of Reclamation and substantially meeting the requirements of OAR 690-086-0225 to 690-086-0270 may be submitted to meet the requirements of these rules.
(6) At least 30 days prior to submitting a draft plan to the Department, an agricultural water supplier shall make the draft plan available for review by each affected local government.
(7) Each agricultural water supplier preparing a water management and conservation plan is encouraged to develop and implement a program to involve the supplier's patrons in the preparation of the plan. Recommendations include making the plan available for public inspection and conducting public meetings to provide information and gather input on the plan.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02
690-086-0225
Agricultural Water Supplier Plan Elements
A water management and conservation plan submitted by an agricultural water supplier shall include:
(1) An agricultural water supplier description as described under OAR 690-086-0240;
(2) An agricultural water conservation element as described under OAR 690-086-0250;
(3) An agricultural water allocation/curtailment element as described under OAR 690-086-0260;
(4) An agricultural water supply element as required under OAR 690-086-0270;
(5) A list of the affected local governments to whom the draft plan was made available pursuant to OAR 690-086-0220(6) and a copy of any comments on the plan provided by the local governments;
(6) A proposed date for submittal of an updated plan based on the proposed schedule for implementation of conservation measures, any relevant schedules for other community planning activities, and the rate of growth of or other changes expected by the water supplier; or an explanation of why submittal of an updated plan is unnecessary and should not be required by the Department.
Stat. Auth.: ORS 536.027, 537.211 and 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 4 2002, f. & cert. ef. 11-1-02
690-086-0240
Agricultural Water System Description
The description of the water system shall include at least the following information:
(1) General location of water right acreage, numbers of the associated water right certificates and permits and a description of relevant conditions of the water rights including the seasons of use and the uses of any other permitted withdrawals by the supplier;
(2) Source(s) of water; storage and regulation facilities; and a summary of any transfer, rotation, exchange or intergovernmental cooperation agreements;
(3) A schematic of the system showing storage and distribution facilities, drainage systems, measurement stations, generalized district boundaries, points of diversion and locations of major operational spills;
(4) Current water use, including peak and average annual diversions and, when available, water reuse and return flows;
(5) A summary of major classifications of user accounts showing water right acreages, the number of accounts of each classification, and the beneficial uses for which water is provided (irrigation, frost protection, temperature control, agricultural use, livestock, domestic, etc.);
(6) Types of on-farm irrigation systems common within the supplier's accounts;
(7) A general characterization of crops commonly grown and the estimated average and peak consumptive use of the crops; and
(8) A description of the operation and maintenance program.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02
690-086-0250
Agricultural Water Conservation Element
The water conservation element shall include at least the following:
(1) A progress report on the conservation measures scheduled for implementation in the water management and conservation plan previously approved by the Department, if any;
(2) A description of the water supplier's agricultural water measurement program and a statement that the program complies with the measurement and reporting standards in OAR chapter 690, division 85, that a time extension or waiver has been granted, or that the standards are not applicable;
(3) A description of other conservation measures currently implemented by the water supplier;
(4) Short- and long-term goals of the water supplier to improve water management;
(5) An evaluation of the opportunities for improving water use efficiency which includes:
(a) A description of losses of water from canals, pipelines, and laterals, including any operational spills;
(b) An assessment of the extent to which water deliveries are insufficient to meet crop needs;
(c) A list of alternative conservation measures to reduce the losses of water identified in subsection (a) of this section and address any insufficiencies of water deliveries identified in subsection (b) of this section; and
(d) An assessment of existing and future alternatives to finance conservation measures including an analysis of the possibility of applying for the allocation of conserved water (OAR 690-018-0010 to 690-018-0090).
(6) For each of the following conservation measures not currently being implemented, and evaluation of whether implementation of the measure is feasible and appropriate for ensuring the efficient use of water and the prevention of waste:
(a) Promotion of energy audits offered through local electric utilities for district water users;
(b) Conversion to metered, pressurized deliveries to all parcels of one acre or less;
(c) Piping or lining earthen canals;
(d) Modifying distribution facilities and district policies to increase the flexibility of water deliveries;
(e) Provision of on-farm irrigation scheduling assistance;
(f) Construction of re-regulating reservoirs;
(g) Adoption or rate structures that support and encourage water conservation;
(h) Each of the conservation measures listed in OAR 690-086-0250(5)(c); and
(i) Any other conservation measures identified by the water supplier that would improve water use efficiency.
(7) A description and estimated schedule for implementation of each of the following conservation measures:
(a) An information and education program aimed at improving the efficiency of use of water delivered. The program should address all types of uses served and include voluntary water use audits; and
(b) Any other conservation measures identified as feasible and appropriate under section (6) of this rule.
(8) A program to monitor and evaluate the effectiveness of the conservation measures which are implemented.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02, Renumbered from 690-086-0240(2)
690-086-0260
Agricultural Water Allocation/Curtailment Element
The water allocation/curtailment element shall include at least the following:
(1) A description of the frequency and magnitude of past supply deficiencies and current capacity limitation. The description shall include an assessment of the ability of the water supplier to maintain delivery during drought or other source shortages.
(2) A description of the water supply situation(s) that cause the water allocation/curtailment element to be implemented, including identification of the supply situations which trigger warnings to users or public notice of impending shortage;
(3) A description of the procedure used to allocate water during water shortages.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02, Renumbered from 690-086-0240(3)
690-086-0270
Agricultural Water Supply Element
The long-range water supply element shall include at least the following:
(1) An estimate of the water supplier's long-range water demand projections for 20 years;
(2) A comparison of the projected water needs and the size and reliability of water rights permits or other current water supply contracts held by the water supplier;
(3) A list of potential sources of water, including conservation and reuse, to supply the long-range needs;
(4) A comparison among the potential sources of additional water considering costs, availability, reliability, and likely environmental impacts;
(5) An evaluation of the effects of the following factors on long-range water needs:
(a) Regional options for meeting future water needs;
(b) Urbanization and other land-use trends;
(c) Provisions in affected local governments' comprehensive plans relating to agricultural lands, urbanization, water resources, water supply, public facilities and services, and any other pertinent plan element or ordinance relating to uses or lands served, or proposed to be served, under the long-term water supply plan.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02, Renumbered from 690-086-0240(4)
Water Management and Conservation
Plan Review and Enforcement
690-086-0900
Water Management and Conservation Plan Review, Approval and Enforcement
(1) The rules in OAR 690-086-0900 to 690-086-0920 set out the process and criteria for the Department's review, approval and enforcement of the water management and conservation plans submitted by agricultural and municipal water suppliers. The rules apply to the submittal and review of draft plans, proposed final plans, and subsequent updates.
(2) During the plan review and approval process, the Department may allow additional time for a municipal water supplier to implement water metering under OAR 690-086-0150(4)(b) or a benchmark established in a previously approved plan if the water supplier shows that additional time is necessary to avoid unreasonable and excessive costs.
(3) Notwithstanding any of the requirements of these rules, except OAR 690-086-0150(2) and 690-086-0250(2), the Department may approve a water management and conservation plan if the plan is generally consistent with the applicable criteria and includes a schedule for completion within five years of any additional work necessary to satisfy the requirements.
(4) Any plan approval that contains a requirement that a municipal water supplier complete additional work under section (3) of this rule shall preclude additional diversion of water under an extended permit beyond the need quantified for the next two years.
Stat. Auth.: ORS 536.025 & ORS 536.027
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 4 2002, f. & cert. ef. 11-1-02
690-086-0905
Notice of Submittal of a Draft Plan or Updated Plan
(1) The Department shall notify affected local governments, affected Indian tribes, and all persons on the Department's weekly mailing list that a draft water management and conservation plan prepared under the requirements of OAR 690-086-0125 or 690-086-0225 has been submitted to the Department and is available for review.
(2) Any person may review and submit written comments on the draft plan within 30 days of the notification in section (1) of this rule. Written comments submitted under this subsection must cite specific provisions of concern in the draft plan, describe how each of the provisions cited do or do not satisfy the requirements of OAR chapter 690, division 086, suggest any modification in each provision that would be necessary to satisfy the relevant requirement, and include information to support any suggested modifications.
Stat. Auth.:ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02, Renumbered from 690-086-0910(1) & (2)
690-086-0910
Preliminary Review of Draft Plans
(1) The Department shall undertake a preliminary review of the draft plan and the comments received pursuant to OAR 690-086-0905 to determine whether the plan includes the required elements of 690-086-0120 to 690-086-0170 or 690-086-0220 to 690-086-0270.
(2) For a plan submitted by a municipal water supplier, the Department shall review the plan to determine if the information and analyses in the plan are sufficient for the Department to make the determination required under OAR 690-086-0130.
(3) For a plan submitted by an agricultural water supplier the Department shall review the plan to determine whether:
(a) The plan includes the information required in OAR 690-086-0240;
(b) The water supplier has complied with the requirements of OAR 690-086-0250 and has included a description of the actions to be taken in the implementation of water conservation measures that are feasible and appropriate for ensuring the efficient use of water and the prevention of waste; considering:
(A) The economic feasibility of the measures for the water supplier;
(B) Any likely adverse environmental impacts of implementation of the measures;
(C) Whether the measures are available and proven;
(D) The time needed to implement the measures;
(E) The effects of local variations in soil type and weather on the potential for successful implementation of the measures; and
(F) Whether the measures are consistent with other relevant water management plans and subbasin conservation plans.
(c) The water allocation/curtailment element prepared under OAR 690-086-0260 satisfactorily promotes water curtailment practices and the coordination of usage regulation, taking into account state water law and local conditions, or is substantially the same as a curtailment plan prepared pursuant to ORS 536.780 and OAR 690-019-0090 and approved by the Department within the previous five years; and
(d) The water supplier has included the information required in OAR 690-086-0270, and, in the list of potential sources of water to meet projected demands, included the development of any conservation measures which are available at a cost which is lower than the cost of other identified sources or has provided sufficient justification for the factors used in selecting other sources for development.
(4) Upon completion of the preliminary review and no later than 90 days after receipt of a draft plan, the Department shall:
(a) After considering public comments, provide the Department's written comments on the plan to the water supplier and any person who submitted comments pursuant to OAR 690-086-0905; or
(b) After considering public comments if the Department determines that the draft plan includes the required plan elements under OAR 690-086-0125 or 690-086-0225, and for municipal water supply plans, that the plan meets the criteria under 690-086-0130, issue a final order approving the plan pursuant to 690-0086-0915(4) or (5) and notify any person who submitted comments pursuant to 690-086-0905 of the issuance of the order.
(5) The Department shall include in its written comments prepared under section (4) of this rule:
(a) For each deficiency identified in the review, a citation of the relevant statute or rule;
(b) To the extent possible, identification of any constraints to implementation of the water management and conservation plan and recommendations on appropriate actions to secure any identified new sources of water;
(c) An evaluation of the extent to which a request for additional time under OAR 690-086-0900(2) satisfies the relevant requirements of the rules;
(d) A prescribed reasonable period of time of not less than 60 days, identified in consultation with the water supplier, for the water supplier to respond to the Department's review and to submit a proposed final plan; and
(e) Copies of any written comments received pursuant to OAR 690-086-0905.
(6) If the Department does not meet the 90-day deadline in section (4) of this rule:
(a) For purposes of ORS 540.572, a plan submitted by an agricultural water supplier after November 1, 2002, is deemed approved for the period from the expiration of the 90-day deadline until 120 days after the Department provides written comments under section (5) of this rule; and
(b) For municipal water suppliers whose additional diversion of water under an extended permit is only authorized upon issuance of a final order approving a water management and conservation plan, notwithstanding OAR chapter 690, division 315, the Director may by order authorize diversion of an additional specified quantity of water as necessary to prevent harm to public welfare, safety and health.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02
690-086-0915
Final Review of Plans
(1) Upon receipt of a proposed final plan, the Department shall evaluate the plan to determine if it includes the required elements of OAR 690-086-0125 to 690-086-0170 for municipal water suppliers or 690-086-0225 to 690-086-0270 for agricultural water suppliers. The evaluation shall be limited to a review of modifications in the plan and issues that were identified in the Department's written comments provided under 690-086-0910 and, if any deficiencies are identified, the Department's review shall cite the relevant statute or rule.
(2) If the Department determines that the final plan does not include the required elements of OAR 690-086-0120 to 690-086-0170 or 690-086-0220 to 690-086-0270, the Department shall consult with the water supplier and may provide additional time to correct any discrepancies.
(3) For a water management and conservation plan submitted by a municipal water supplier, the Department shall review the plan to determine if the information and analyses in the plan are sufficient for the Department to make the determination required under OAR 690-086-0130.
(4) For a water management and conservation plan submitted by a municipal water supplier, if the Department determines that the proposed final plan includes the required elements under OAR 690-086-0120 to 690-086-0170 and meets the applicable criteria under 690-086-0130, the Department shall issue a final order approving the plan and notify the water supplier and any person who submitted comments pursuant to 690-086-0905 of the approval. The Department's order shall include the following:
(a) A quantification of the maximum amount of water to be diverted during the next 20 years under each extended permit, or for a longer period as specified for an extended reservoir permit;
(b) The date on which an updated plan shall be submitted to the Department. A municipal water supplier may submit an updated plan at any time prior to the date specified if necessary to accommodate unanticipated events, but the Department shall not require submittal of an updated plan earlier than five years after issuance of the order approving the plan; and
(c) A schedule for submittal of five-year progress reports on implementation of the water conservation and supply measures described in the plan.
(5) For a water management and conservation plan submitted by an agricultural water supplier, if the Department determines that the proposed final plan satisfies the relevant requirements or if the water supplier satisfactorily corrects any identified discrepancies, the Department shall issue a final order approving the plan and notify the water supplier and any person who submitted comments pursuant to OAR 690-086-0905 of the approval. The Department shall specify in the order approving the plan if an updated plan shall be required and, if so, the date on which the updated plan shall be submitted to the Department. The Department shall not require submittal of an updated plan earlier than five years after issuance of the order approving the plan.
(6) The Department shall issue a final order denying approval of the plan and notify the water supplier and any person who submitted comments pursuant to OAR 690-086-0905 of the issuance of the order if:
(a) The Department determines that the proposed final plan does not contain the plan elements required under OAR 690-086-0125 or 690-086-0225;
(b) For municipal water suppliers, the plan does not meet the criteria under OAR 690-086-0130;
(c) The municipal water supplier has failed to adequately justify a request for additional time to implement water metering under OAR 690-086-0150(4)(b) or a benchmark established in a previously approved plan; or
(d) The work plan submitted under OAR 690-086-0900(3) is insufficient for completing the additional work necessary to satisfy the requirements of these rules.
(7) The Department may deny approval of a water management and conservation plan if the water supplier fails to submit a final plan to the Department within 120 days after receipt of the Department's preliminary review.
(8) If the Department issues a final order denying approval of the plan, the water supplier may request that the Department reconsider the order and the Director appoint a five-member review board to review the plan. The board shall include at least two individuals from the basin in which the supplier is located who are engaged in similar uses of water, the local watermaster, and other individuals knowledgeable about water use practices and water conservation. After reviewing the plan and evaluating any additional information presented by the water supplier and the Department, the board may recommend that the Department:
(a) Reconsider the decision not to approve the plan;
(b) Reconsider the decision not to approve the plan contingent on the water supplier agreeing to specified modifications; or
(c) Reaffirm the original decision not to approve the plan.
(9) The Department shall notify the water supplier, the members of the review board, and any person who submitted comments pursuant to OAR 690-086-0905 of any action taken based on the board's recommendation.
(10) The water supplier or a person who has submitted comments pursuant to OAR 690-086-0905 may, within 30 days of a notification pursuant to OAR 690-086-0910(5)(b) or section (4), (5), (6), or (9) of this rule, appeal a decision by the Department to approve or to not approve a plan to the Commission. The Commission may deny the appeal or may accept the appeal and remand the plan to the Department to seek resolution of the issues identified in the appeal and, if the issues are not resolved, to initiate a contested case proceeding pursuant to ORS 183.413 and OAR chapter 690, divisions 1 and 2.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 4 2002, f. & cert. ef. 11-1-02, Renumbered from 690-086-0910(7)
690-086-0920
Enforcement
If the Director determines that a water supplier has failed to submit a water management and conservation plan as required under OAR 690-086-0010 to 690-086-0270 or has failed to satisfactorily implement an approved water management and conservation plan, the Director may proceed with one or more of the following actions:
(1) Provide an additional, specified amount of time for remedy;
(2) Initiate an evaluation of the supplier's water management practices and facilities to determine if the use of water is wasteful;
(3) Initiate regulation of water use under OAR 690-250-0050 to eliminate waste;
(4) Rescind a previous approval of a water management and conservation plan; and
(5) If the submittal of the water management and conservation plan is required under a condition of a permit or an extension approved under OAR chapter 690, division 315 or 320, assess a civil penalty under OAR 690-260-0005 to 690-260-0110 or cancel the permit.
Stat. Auth.: ORS 536.027, ORS 537.211 & ORS 540.572
Stats. Implemented: ORS 537.230, ORS 537.630 & ORS 539.010
Hist.: WRD 11-1994, f. & cert. ef. 9-21-94; WRD 11-1994, f. & cert. ef. 9-21-94
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