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WATER RESOURCES DEPARTMENT









 

DIVISION 22
EMERGENCY WATER PROVISIONS — KLAMATH COUNTY

690-022-0020
Purpose and Statutory Authority
(1) The purpose of these rules is to implement
ORS 536.750(1)(c), which authorizes the Commission, pursuant to a gubernatorial
declaration that a severe, continuing drought exists, to grant a temporary preference
to water rights for human consumption or stock watering use over other water uses
regardless of priority date.
(2) These rules, pursuant to
the Governor’s Executive Order no.14-01, dated February 13, 2014, are effective
upon filing, and shall remain effective until December 31, 2014. During the effective
period of these rules and a drought declaration under ORS 536.740 in Klamath County,
the Commission grants a preference in Klamath County of use for water rights for
human consumption or stock watering as provided in this rule. The temporary preference
of use shall only apply to Klamath County and shall remain in effect only during
the effective time period of the Governor’s drought declaration in Klamath
County while these rules are in effect.
(3) These rules are repealed
on December 31, 2014.
Stat. Auth.: ORS 536.025; 536.027; 536.750
Stats. Implemented: ORS 536.750
Hist.: WRD 1-2014(Temp),
f. 3-25-14, cert. ef. 4-1-14 thru 9-27-14; WRD 2-2014, f. & cert. ef. 9-26-14
690-022-0025
Definitions
Unless the context requires otherwise,
the words and phrases used in division 22 have the following meaning:
(1) “Commission”
means the Oregon Water Resources Commission.
(2) “Department”
means the Oregon Water Resources Department.
(3) “Human Consumption”
means the use of water for the purposes of drinking, cooking, and sanitation.
(4) “Stock Watering”
means the use of water for consumption by domesticated animals and wild animals
held in captivity as pets or for profit.
Stat. Auth.: ORS 536.025; 536.027; 536.750
Stats. Implemented: ORS 536.750
Hist.: WRD 1-2014(Temp),
f. 3-25-14, cert. ef. 4-1-14 thru 9-27-14; WRD 2-2014, f. & cert. ef. 9-26-14
690-022-0030
Applicability and Preference
During the effective period of a drought
declaration under ORS 536.740 in Klamath County, and notwithstanding any provision
of law to the contrary, the Commission grants a temporary preference for human consumption
and/or stock watering as follows:
(1) The preference described
in these rules applies only to the diversion or use of water within Klamath County.
(2) Uses of water for human
consumption and stock watering, to the extent authorized under a water right certificate,
permit, decree, or findings of fact and order of determination issued in an adjudication
subject to ORS Chapter 539, are granted a preference over all other water uses regardless
of the priority date of the water right for stock watering or human consumption.
(3) The Department will regulate
water rights in Klamath County in accordance with the preference for water rights
for human consumption and stock watering use as provided in subsection (2) of this
section.
(4) Water right holders exercising
the human consumption or stock water preferences established in this rule shall
assure curtailment of water uses unrelated to the preference.
(5) This preference does not
authorize a water right holder exercising the preference to make a call for water.
(6) The option for a water right
holder to exercise the preference only applies to a water right holder being regulated
by the watermaster in order to satisfy a senior water right.
Stat. Auth.: ORS 536.025; 536.027; 536.750
Stats. Implemented: ORS 536.750
Hist.: WRD 1-2014(Temp),
f. 3-25-14, cert. ef. 4-1-14 thru 9-27-14; WRD 2-2014, f. & cert. ef. 9-26-14

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