690-025-0020
Definitions

Notwithstanding OAR 690-008-001, the following definitions apply to OAR 690-0025-0020 to OAR 690-0025-0040, unless the context requires otherwise:

(1) “Determined claim” means a claim for surface water as provided in the Amended and Corrected Findings of Fact and Order of Determination issued on February 28, 2014, and subject to regulation pursuant to ORS 539.170.

(2) “Existing rights of record” means authorized groundwater uses, determined claims, groundwater registrations, and surface water rights.

(3) “Groundwater registration” means an unadjudicated claim to use groundwater as provided in ORS 537.605 that is registered with the Oregon Water Resources Department.

(4) “Groundwater reservoir” or “aquifer” means a body of  groundwater having boundaries which may be ascertained or reasonably inferred that yields quantities of water to wells or surface water sufficient for appropriation under an existing right of record. 

(5) “Groundwater use authorization” means use of water authorized by a permit, certificate or groundwater registration.

(6) “Hydraulically connected” means water can move between or among groundwater reservoirs and surface water.

(7) “Upper Klamath Basin” means the area above and around Upper Klamath Lake that encompasses all water sources that are tributary to Upper Klamath Lake, including groundwater, the Wood River, Williamson River and Sprague River and their tributaries and the Klamath Marsh and its tributaries.

(8) “Surface water right” means certificated and permitted water rights, and determined claims, the source of which is surface water, including springs, streams, and rivers.

(9) “Well” or “wells” means a well as defined in ORS 537.515(9) that is located in the Upper Klamath Basin and is used to beneficially withdraw water for authorized groundwater uses including domestic, stock, irrigation, industrial, municipal, and aquifer storage and recovery uses.

Statutory/Other Authority: ORS 536.027 & ORS 537.525
Statutes/Other Implemented: ORS 539.170, ORS 540.045 & ORS 537.525
History:
WRD 3-2019, adopt filed 04/16/2019, effective 04/16/2019

690-025-0025
Distribution of Water between Existing Rights of Record

(1) Whenever there is impairment of, or interference with, existing water rights to appropriate surface water the Oregon Water Resources Department may regulate the distribution of water among the various users of water from any natural surface or groundwater reservoir in accordance with the users’ existing rights of record as authorized by ORS 537.525, ORS 539.170 and ORS 540.045.

(2) These rules, OAR 690-0025-0020 to OAR 690-0025-0040, govern the control of wells in the Upper Klamath Basin that produce from a groundwater reservoir that is hydraulically connected to surface water and subject to regulation in the course of distribution of water in accordance with the users’ existing rights of record.

(3) These rules operate in lieu of OAR Chapter 690, Division 09, and in conjunction with OAR Chapter 690, Division 250, except that these rules govern distribution of groundwater and surface water in the Upper Klamath Basin in lieu of OAR 690-250-0120(2).

Statutory/Other Authority: ORS 536.027 & ORS 537.525
Statutes/Other Implemented: ORS 539.170, ORS 540.045 & ORS 537.525
History:
WRD 3-2019, adopt filed 04/16/2019, effective 04/16/2019

690-025-0040
Regulation of Hydraulically Connected Wells

(1) In the Upper Klamath Basin, a joint study of groundwater hydrology by the Department and the U.S. Geological Survey has established that groundwater and surface water are hydraulically connected.

(2) Based on the data and results of the joint groundwater hydrology study, wells that withdraw groundwater in the Upper Klamath Basin reduce groundwater discharge and surface water flow.

(3) The determinations in subsections (1) and (2) are based on the best available information, including but not limited to, water well reports, basin and hydrologic studies, topographic maps, hydrogeologic reports, groundwater and surface water elevation data, groundwater flow models, model simulation results for the Upper Klamath Basin, and any other information that is used in the course of applying generally accepted hydrogeologic methodologies.

(4) The Department has determined that regulating permitted wells that are located a horizontal distance equal to or less than 500 feet from a source of surface water rights will result in relief to surface water rights within the current season of use. 

(5) Before regulating an authorized groundwater use pursuant to subsection (4), the Department shall determine the horizontal distance between each well and the source or sources of surface water rights. 

(6) The Department may regulate wells that are located a horizontal distance equal to or less than 500 feet from a source of surface water rights whenever a valid call for surface water is made and the Department is regulating in accordance with the users’ existing rights of record. Under this rule, the Department will not regulate wells located a horizontal distance greater than 500 feet from a source of surface water.

(7) Groundwater regulation in the Upper Klamath Basin before March 1, 2021, will occur pursuant to OAR 690-0025-0020 to OAR 690-0025-0040. After March 1, 2021, OAR 690-0025-0020 to OAR 690-0025-0040 will no longer be in effect and groundwater regulation in the Upper Klamath Basin will occur under OAR 690-009, unless the Commission adopts new rules prior to March 1, 2021, governing groundwater regulation for senior surface water rights in the Upper Klamath Basin.

(8) Notwithstanding present conformance of these rules with ORS 537.780(2)(a), these rules do not establish a precedent that precludes different or additional determinations of what wells may be regulated so as to provide relief to surface water rights within the current season of use consistent with the authorities of the Water Resources Commission.

Statutory/Other Authority: ORS 536.027 & ORS 537.525
Statutes/Other Implemented: ORS 539.170, ORS 540.045 & ORS 537.525
History:
WRD 3-2019, adopt filed 04/16/2019, effective 04/16/2019