Or. Admin. R. 690-350-0010

Current through Register Vol. 63, No. 8, August 1, 2024

Section 690-350-0010 - ASR General Provisions

(1) Definitions. The following definitions apply to aquifer storage and recovery in OAR Chapter 690, Division 350, Rules 0010 to 0030:

(a) "Aquifer Storage and Recovery" (ASR) means the storage of water from a separate source that meets drinking water standards in a suitable aquifer for later recovery and not having as one of its primary purposes the restoration of the aquifer (ORS 537.531). (Applications to obtain limited licenses or permits for ASR uses submitted pursuant to OAR 690-350-0010 to 690-350-0030 are not subject to provisions governing artificial groundwater recharge projects or programs pursuant to OAR 690-350-0110 to 690-350-0130.)

(b) "Commission" means the Water Resources Commission.

(c) "Department" means the Water Resources Department.

(d) "DEQ" means the Department of Environmental Quality.

(e) "Director" means the Water Resources Director.

(f) "HD" means the Oregon Health Division.

(g) "Injection Source Water" means the water which may be injected under terms of an ASR limited license or permit.

(h) "Receiving Aquifer" means the aquifer into which water may be injected under terms of an ASR limited license or permit.

(i) "Recovered Water" means water which is recovered from storage under terms of an ASR limited license or permit.

(j) "Stored Water" means water which is stored in a receiving aquifer under terms of an ASR limited license or permit.

(2) Limited License for ASR Testing. The use of water for ASR testing purposes requires a limited license pursuant to ORS 537.534. A limited license pursuant to ORS 537.143 does not apply. Only after completion of an ASR testing program under a limited license may an applicant apply for a permanent ASR permit. A limited license application may propose ASR testing for a single well or same-aquifer wells in a wellfield. The limited license may allow for a beneficial use of the recovered water. If the limited license is based on a water right for injection source water, the limited license shall require the same use as the water right, but may allow a rate of injection which is no greater than that of the water right and a rate of recovery which is greater than that of the water right.

(3) Inherent to Water Rights. ASR is a beneficial use inherent in all water rights for other beneficial uses (ORS 537.531). Applicable water rights are either permits or certificates. ASR use under this inherent nature is accessed temporarily under an ASR limited license or permanently through an ASR permit. The use of water under a water right as injection source water for an ASR project up to the limits allowed in the ASR permit neither affects the priority date of the water right, nor changes the use permitted upon its recovery from the use permitted by the water right for injection source water, nor otherwise affects the water right. ASR permits may allow rates of injection which are no greater than those of the water right for injection source water and rates of recovery which are greater than those of the water right for injection source water.

(4) Separate Processes for Water Right and ASR Permit. An ASR permit does not allow an appropriation of water but does allow ASR to occur with a water right. The water right application process rules in OAR Chapter 690, Division 310 do not apply to ASR application processing. The public interest review standards for an ASR permit shall apply only to the matters raised by the ASR application, not to the water right for the injection source water. An ASR permit may allow ASR storage through a single well or same-aquifer wells in a wellfield. If a new water right is needed as part of the ASR project, the new water right application shall be subject to the same standards as any new water right application.

(5) Use Described by Water Right. The use of recovered water under an ASR permit shall be the same as the use described by the water right permit or certificate for injection source water. The holder of a permit for ASR shall apply for a transfer under procedures set out in OAR 690-015 if the use of recovered ASR water is different from that which is allowed in the water right permit or certificate for the injection source water.

(6) Water Quality. Water quality is a major consideration in ASR activities and all of the following provisions apply:

(a) Injection source water for ASR shall comply with drinking water standards, treatment requirements, and performance standards established by the HD under OAR 333-061-0030 and 0032 (ORS 448.131 and .273) or the maximum measurable levels established by the Environmental Quality Commission under OAR 340-040 (ORS 468B.165), whichever are more stringent. The injection of such water into aquifers under an ASR limited license or permit shall be exempt from the requirement to obtain a discharge permit under ORS 468B.050 or a concentration limit variance from the DEQ;

(b) Conditions shall be placed on the limited license or permit to minimize, to the extent technically feasible, practical and cost-effective, the concentration of constituents in the injection source water that are not naturally present in the aquifer;

(c) No limited license or permit may establish concentration limits for water to be injected in excess of standards established by HD or the maximum measurable levels established by the Environmental Quality Commission under OAR 340-040 (ORS 468B.165), whichever are more stringent;

(d) Except as otherwise provided in (6)(e) of this rule, if the injection source water contains constituents regulated under OAR 333-061-0030 (ORS 448.131 and .273) or OAR 340-040 (ORS 468B.165) that are detected at greater than 50 percent of the established levels, the ASR limited license or permit may require the permittee to employ technically feasible, practical and cost-effective methods to minimize concentrations of such constituents in the injection source water;

(e) Constituents that have a secondary contaminant level or costituents that are associated with disinfection of the water may be injected into the aquifer up to the standards established under OAR 333-061-0030 (ORS 448.131 and 448.273);

(f) The Department may, based upon valid scientific data, further restrict certain constituents in the injection source water if the Department finds the constituents will interfere with or pose a threat to the maintenance of the water resources of the state for present or future beneficial uses.

(7) Oversight of ASR Projects. The Department is the sole licensing and permitting agency for ASR projects. However, other state agencies and local governments have a role as follows:

(a) The Department shall seek DEQ and HD assistance in the administration of the ASR program, including recommending conditions to be included in the limited license and permit;

(b) ASR activities under a limited license or permit are subject to conformance with land use laws and may be located within or outside an urban growth boundary;

(c) The disposal of recovered ASR testing water may require discharge authorization from DEQ. All applicants should investigate this possibility;

(d) Applicants that are public water systems as defined by the HD (OAR 333-061-0020(68)) shall comply with the HD's construction standards (OAR 333-061-0050) and plan submission and review requirements (OAR 333-061-0060).

(8) Percent Recovery of Stored Water. In addition to other conditions, the limited license or permit shall specify the amount of stored water that may be recovered. The Department may allow up to 100 percent of the stored water to be recovered if data analysis demonstrates that the injected source water is not lost through migration or other means and that groundwater otherwise present in the aquifer has not been irretrievably lost as a result of ASR.

(9) Appeal of Administrative Action. Any order of the Director related to ASR limited licenses is subject to administrative reconsideration as provided in the Administrative Procedures Act (ORS Chapter 183) and judicial review as provided in ORS 536.075. Orders of the Director related to ASR permits are subject to administrative reconsideration as provided in the Administrative Procedures Act (ORS Chapter 183) and judicial review as provided in ORS 536.075.

(10) Groundwater Protection. To reduce the potential for contamination of stored water, ASR operators are encouraged to consider the protection of their groundwater supply through the development of a Wellhead Protection plan or other appropriate groundwater protection plan.

Or. Admin. R. 690-350-0010

WRD 2-1996, f. & cert. ef. 2-12-96

Stat. Auth.: ORS 536.027 & ORS 537.534

Stats. Implemented: ORS 537.531 - ORS 537.534