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Oregon Bulletin

May 1, 2014

Water Resources Department, Chapter 690

Rule Caption: Temporary Rule Granting Preference to Stock Watering and Human Consumption Water Use in Klamath County

Adm. Order No.: WRD 1-2014(Temp)

Filed with Sec. of State: 3-25-2014

Certified to be Effective: 4-1-14 thru 9-27-14

Notice Publication Date:

Rules Adopted: 690-022-0020, 690-022-0025, 690-022-0030

Subject: Oregon Governor Kitzhaber declared a drought in Klamath County under Executive Order No. 14-01 on February 13, 2014. 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, surface 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 for a period of 180 days, or for the duration of the declared drought, whichever is shorter.

Rules Coordinator: Nancy N. Pustis—(503) 986-0828

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. These rules address an immediate threat to the health and welfare of the people of Oregon that would otherwise occur if regulation of senior water rights in Klamath County curtailed or prohibited use of surface water for human consumption and stock watering as defined in these rules.

(2) Executive Order No. 14 – 01: Determination of a State of Drought Emergency in Harney, Klamath, Lake and Malheur Counties Due to Drought and Low Water Conditions, was signed by Governor John A. Kitzhaber, M.D., on February 13, 2014.

(3) These rules become effective on April 1, 2014 and will remain in effect for 180 days from the effective date or for the term of Oregon Governor Kitzhaber’s Executive Order No. 14 – 01, whichever is shorter.

Stat. Auth.: ORS 536.025, 536.027, 536.750, Other; 690-019-0070

Stats. Implemented: ORS 536.750

Hist.: WRD 1-2014(Temp), f. 3-25-14, cert. ef. 4-1-14 thru 9-27-14

690-022-0025

Definitions

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 Use” 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, Other; 690-019-0070

Stats. Implemented: ORS 536.750

Hist.: WRD 1-2014(Temp), f. 3-25-14, cert. ef. 4-1-14 thru 9-27-14

690-022-0030

Applicability and Preference

Notwithstanding any provision of Oregon Administrative Rules Division 690 to the contrary:

(1) These rules apply only to the diversion or use of surface water within Klamath County.

(2) Uses of surface 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 underlying water right.

(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 granted in 690-022-0030(2) of these rules.

(4) Political subdivisions exercising the human consumption or stock water preferences established in this rule shall assure curtailment of water uses unrelated to the preference consistent with this rule.

Stat. Auth.: ORS 536.025, 536.027, 536.750, Other; 690-019-0070

Stats. Implemented: ORS 536.750

Hist.: WRD 1-2014(Temp), f. 3-25-14, cert. ef. 4-1-14 thru 9-27-14

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2013.

2.) Copyright Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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